8 Utah opinions name it 2 courts 2013–2021 1 in the last five years
The cases below were cited by Utah courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
State v. Powellgreen2 sentences2021And while a district court must view “the evidence in the light most favorable to the defendant requesting the instruction,” see id., a “defendant is not entitled to a [lesser-included-offense] jury instruction” if the request “is based on sheer speculation,” id. ¶ 33, “that the jury could have potentially disbelieved the witnesses’ testimony,” id. ¶ 32. 2020And we view the evidence “in the light most favorable to the defendant requesting the instruction.” Powell, 2007 UT 9, ¶ 27 . ¶55 The court of appeals carefully analyzed each of Norton’s claims of entitlement to an instruction on a lesser included offense. | 1 | 8 |
State v. Bakergreen2 sentences2018In so doing, we must determine whether there is "a sufficient quantum of evidence presented to justify sending the question to the jury," Baker , 671 P.2d at 159 , and we view the evidence "in the light most favorable to the defendant requesting the instruction," Powell , 2007 UT 9 , ¶ 27, 154 P.3d 788 . 2015And a weapons expert testified that the gun likely used to kill the victim can be discharged only if ―the trigger is pulled . . . to 90 percent engagement,‖ making it highly unlikely that this ―type of gun . . . may accidentally go off.‖ ¶28 The State argues that Cellmate‘s ―testimony cannot support a lesser included offense instruction because‖ Mr. Reece ―took the stand and repudiated it.‖ According to the State, our obligation to ―view[] the evidence in the light most favorable to the defendant requesting the instruction‖27 requires us ―to take Mr. Reece at his word and discount [Cellmate‘s] | 1 | 4 |
United States v. Anthony G. Mooregreen2 sentences2015And a weapons expert testified that the gun likely used to kill the victim can be discharged only if ―the trigger is pulled . . . to 90 percent engagement,‖ making it highly unlikely that this ―type of gun . . . may accidentally go off.‖ ¶28 The State argues that Cellmate‘s ―testimony cannot support a lesser included offense instruction because‖ Mr. Reece ―took the stand and repudiated it.‖ According to the State, our obligation to ―view[] the evidence in the light most favorable to the defendant requesting the instruction‖27 requires us ―to take Mr. Reece at his word and discount [Cellmate‘s] 2015And a weapons expert testified that the gun likely used to kill the victim can be discharged only if ―the trigger is pulled . . . to 90 percent engagement,‖ making it highly unlikely that this ―type of gun . . . may accidentally go off.‖ ¶28 The State argues that Cellmate‘s ―testimony cannot support a lesser included offense instruction because‖ Mr. Reece ―took the stand and repudiated it.‖ According to the State, our obligation to ―view[] the evidence in the light most favorable to the defendant requesting the instruction‖27 requires us ―to take Mr. Reece at his word and discount [Cellmate‘s] | 1 | 1 |
United States v. James L. Crowdergreen1 sentence2015And a weapons expert testified that the gun likely used to kill the victim can be discharged only if ―the trigger is pulled . . . to 90 percent engagement,‖ making it highly unlikely that this ―type of gun . . . may accidentally go off.‖ ¶28 The State argues that Cellmate‘s ―testimony cannot support a lesser included offense instruction because‖ Mr. Reece ―took the stand and repudiated it.‖ According to the State, our obligation to ―view[] the evidence in the light most favorable to the defendant requesting the instruction‖27 requires us ―to take Mr. Reece at his word and discount [Cellmate‘s] | 1 | 1 |
Baldwin v. Vantage Corp.green1 sentence2015And a weapons expert testified that the gun likely used to kill the victim can be discharged only if ―the trigger is pulled . . . to 90 percent engagement,‖ making it highly unlikely that this ―type of gun . . . may accidentally go off.‖ ¶28 The State argues that Cellmate‘s ―testimony cannot support a lesser included offense instruction because‖ Mr. Reece ―took the stand and repudiated it.‖ According to the State, our obligation to ―view[] the evidence in the light most favorable to the defendant requesting the instruction‖27 requires us ―to take Mr. Reece at his word and discount [Cellmate‘s] | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Utah. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Garcia-Vargas Jr.
green
2 sentences2015And a weapons expert testified that the gun likely used to kill the victim can be discharged only if ―the trigger is pulled . . . to 90 percent engagement,‖ making it highly unlikely that this ―type of gun . . . may accidentally go off.‖ ¶28 The State argues that Cellmate‘s ―testimony cannot support a lesser included offense instruction because‖ Mr. Reece ―took the stand and repudiated it.‖ According to the State, our obligation to ―view[] the evidence in the light most favorable to the defendant requesting the instruction‖27 requires us ―to take Mr. Reece at his word and discount [Cellmate‘s] 2015And a weapons expert testified that the gun likely used to kill the victim can be discharged only if ―the trigger is pulled . . . to 90 percent engagement,‖ making it highly unlikely that this ―type of gun . . . may accidentally go off.‖ ¶28 The State argues that Cellmate‘s ―testimony cannot support a lesser included offense instruction because‖ Mr. Reece ―took the stand and repudiated it.‖ According to the State, our obligation to ―view[] the evidence in the light most favorable to the defendant requesting the instruction‖27 requires us ―to take Mr. Reece at his word and discount [Cellmate‘s] | 3 | 2014–2015 |
State v. Maughan
green
2 sentences2015And a weapons expert testified that the gun likely used to kill the victim can be discharged only if ―the trigger is pulled . . . to 90 percent engagement,‖ making it highly unlikely that this ―type of gun . . . may accidentally go off.‖ ¶28 The State argues that Cellmate‘s ―testimony cannot support a lesser included offense instruction because‖ Mr. Reece ―took the stand and repudiated it.‖ According to the State, our obligation to ―view[] the evidence in the light most favorable to the defendant requesting the instruction‖27 requires us ―to take Mr. Reece at his word and discount [Cellmate‘s] 2015And a weapons expert testified that the gun likely used to kill the victim can be discharged only if ―the trigger is pulled . . . to 90 percent engagement,‖ making it highly unlikely that this ―type of gun . . . may accidentally go off.‖ ¶28 The State argues that Cellmate‘s ―testimony cannot support a lesser included offense instruction because‖ Mr. Reece ―took the stand and repudiated it.‖ According to the State, our obligation to ―view[] the evidence in the light most favorable to the defendant requesting the instruction‖27 requires us ―to take Mr. Reece at his word and discount [Cellmate‘s] | 1 | 2015–2015 |
State v. Reece
green
1 sentence2015And a weapons expert testified that the gun likely used to kill the victim can be discharged only if ―the trigger is pulled . . . to 90 percent engagement,‖ making it highly unlikely that this ―type of gun . . . may accidentally go off.‖ ¶28 The State argues that Cellmate‘s ―testimony cannot support a lesser included offense instruction because‖ Mr. Reece ―took the stand and repudiated it.‖ According to the State, our obligation to ―view[] the evidence in the light most favorable to the defendant requesting the instruction‖27 requires us ―to take Mr. Reece at his word and discount [Cellmate‘s] | 1 | 2015–2015 |
Board of Professional Responsibility, Wyoming State Bar v. Clay B. Jenkins, Wsb 5-2249
neutral
1 sentence2014Furthermore, Berriel's characterization of trial courts as "factfin-ders," 2018 UT 19, 19 , 299 P.3d 1183 , casts doubt on the traditional rule that when considering a lesser-included-offense instruction "a trial court does not weigh the evidence," but "views the evidence in the light most favorable to the defendant requesting the instruction." Powell, 2007 UT 9, 127 , 154 P.3d 788 . | 1 | 2014–2014 |
Duncan v. Fourth Judicial District Court
green
1 sentence2014A defendant's version of the evidence need not be the only reasonable interpretation of the evidence, State v. Shumway, 2002 UT 124, ¶13 , 63 P.3d 94 , so long as "a jury could choose to believe {[the dlefendant's version," State v. Spillers, 2007 UT 18, 120 , 152 P.8d (815. | 1 | 2014–2014 |
State v. Ring
green
1 sentence2014Furthermore, Berriel's characterization of trial courts as "factfin-ders," 2018 UT 19, 19 , 299 P.3d 1183 , casts doubt on the traditional rule that when considering a lesser-included-offense instruction "a trial court does not weigh the evidence," but "views the evidence in the light most favorable to the defendant requesting the instruction." Powell, 2007 UT 9, 127 , 154 P.3d 788 . | 1 | 2014–2014 |
State v. Kruger
green
2 sentences2014Instead, the district court "must ... determine 'whether there is a sufficient quantum of evidence to send [the] issue to the jury.'" Id. (alteration in original) (quoting State v. Kruger, 2000 UT 60, ¶ 14 , 6 P.3d 1116 ). 2014Instead, the district court "must ... determine 'whether there is a sufficient quantum of evidence to send [the] issue to the jury.'" Id. (alteration in original) (quoting State v. Kruger, 2000 UT 60, ¶ 14 , 6 P.3d 1116 ). | 1 | 2014–2014 |
State v. Shumway
green
2 sentences2014A defendant’s version of the evidence need not be the only reasonable interpretation of the evidence, State v. Shumway, 2002 UT 124, ¶ 13 , 63 P.3d 94 , so long as ‚a jury could choose to believe [the d]efendant’s version,‛ State v. Spillers, 2007 UT 13, ¶ 20 , 152 P.3d 315 . 2014A defendant’s version of the evidence need not be the only reasonable interpretation of the evidence, State v. Shumway, 2002 UT 124, ¶ 13 , 63 P.3d 94 , so long as ‚a jury could choose to believe [the d]efendant’s version,‛ State v. Spillers, 2007 UT 13, ¶ 20 , 152 P.3d 315 . | 1 | 2014–2014 |
State v. Berriel
green
1 sentence2014Furthermore, Berriel’s characterization of trial courts as ‚factfinders,‛ 2013 UT 19 , ¶ 9, casts doubt on the traditional rule that when considering a lesser-included-offense instruction ‚a trial court does not weigh the evidence,‛ but ‚views the evidence in the light most favorable to the defendant requesting the instruction.‛ Powell, 2007 UT 9, ¶ 27 . | 1 | 2014–2014 |
State v. Spillers
green
2 sentences2014A defendant’s version of the evidence need not be the only reasonable interpretation of the evidence, State v. Shumway, 2002 UT 124, ¶ 13 , 63 P.3d 94 , so long as ‚a jury could choose to believe [the d]efendant’s version,‛ State v. Spillers, 2007 UT 13, ¶ 20 , 152 P.3d 315 . 2014A defendant’s version of the evidence need not be the only reasonable interpretation of the evidence, State v. Shumway, 2002 UT 124, ¶ 13 , 63 P.3d 94 , so long as ‚a jury could choose to believe [the d]efendant’s version,‛ State v. Spillers, 2007 UT 13, ¶ 20 , 152 P.3d 315 . | 1 | 2014–2014 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.