has recognized principle in Utah

8 Utah opinions name it 2 courts 1932–2019 0 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.

Followed or applied (7)

Case	Followed	Cited
State v. Barlowgreen utah · 1959 · cited in 1 Utah opinions naming this issue, 1999–1999 2 sentences 1999See, e.g., Tillman v. Cook, 855 P.2d 211, 216 (Utah 1993); State v. Standiford, 769 P.2d 254, 257-58 (Utah 1988); State v. Barlow, 8 Utah 2d 396, 398-400 , 335 P.2d 629, 630-31 (1959); State v. Thompson, 110 Utah 113, 119-21 , 170 P.2d 153, 156-57 (1946); State v. Bleazard, 103 Utah 113, 119 , 133 P.2d 1000, 1002 (1943); State v. Rasmussen, 92 Utah 357, 376 , 68 P.2d 176, 185 (1937). 3 ¶ 60 The Article I, section 10 requirement that a jury be unanimous is not met if a jury unanimously finds only that a defendant is guilty of a crime. 1999See, e.g., Tillman v. Cook, 855 P.2d 211, 216 (Utah 1993); State v. Standiford, 769 P.2d 254, 257-58 (Utah 1988); State v. Barlow, 8 Utah 2d 396, 398-400 , 335 P.2d 629, 630-31 (1959); State v. Thompson, 110 Utah 113, 119-21 , 170 P.2d 153, 156-57 (1946); State v. Bleazard, 103 Utah 113, 119 , 133 P.2d 1000, 1002 (1943); State v. Rasmussen, 92 Utah 357, 376 , 68 P.2d 176, 185 (1937). 3 ¶ 60 The Article I, section 10 requirement that a jury be unanimous is not met if a jury unanimously finds only that a defendant is guilty of a crime.	1	1
State v. Standifordgreen utah · 1988 · cited in 1 Utah opinions naming this issue, 1999–1999 2 sentences 1999See, e.g., Tillman v. Cook, 855 P.2d 211, 216 (Utah 1993); State v. Standiford, 769 P.2d 254, 257-58 (Utah 1988); State v. Barlow, 8 Utah 2d 396, 398-400 , 335 P.2d 629, 630-31 (1959); State v. Thompson, 110 Utah 113, 119-21 , 170 P.2d 153, 156-57 (1946); State v. Bleazard, 103 Utah 113, 119 , 133 P.2d 1000, 1002 (1943); State v. Rasmussen, 92 Utah 357, 376 , 68 P.2d 176, 185 (1937). 3 ¶ 60 The Article I, section 10 requirement that a jury be unanimous is not met if a jury unanimously finds only that a defendant is guilty of a crime. 1999See, e.g., Tillman v. Cook, 855 P.2d 211, 216 (Utah 1993); State v. Standiford, 769 P.2d 254, 257-58 (Utah 1988); State v. Barlow, 8 Utah 2d 396, 398-400 , 335 P.2d 629, 630-31 (1959); State v. Thompson, 110 Utah 113, 119-21 , 170 P.2d 153, 156-57 (1946); State v. Bleazard, 103 Utah 113, 119 , 133 P.2d 1000, 1002 (1943); State v. Rasmussen, 92 Utah 357, 376 , 68 P.2d 176, 185 (1937). [3] ¶ 60 The Article I, section 10 requirement that a jury be unanimous is not met if a jury unanimously finds only that a defendant is guilty of a crime.	1	1
State v. Thompsongreen utah · 1946 · cited in 1 Utah opinions naming this issue, 1999–1999 2 sentences 1999See, e.g., Tillman v. Cook, 855 P.2d 211, 216 (Utah 1993); State v. Standiford, 769 P.2d 254, 257-58 (Utah 1988); State v. Barlow, 8 Utah 2d 396, 398-400 , 335 P.2d 629, 630-31 (1959); State v. Thompson, 110 Utah 113, 119-21 , 170 P.2d 153, 156-57 (1946); State v. Bleazard, 103 Utah 113, 119 , 133 P.2d 1000, 1002 (1943); State v. Rasmussen, 92 Utah 357, 376 , 68 P.2d 176, 185 (1937). 3 ¶ 60 The Article I, section 10 requirement that a jury be unanimous is not met if a jury unanimously finds only that a defendant is guilty of a crime. 1999See, e.g., Tillman v. Cook, 855 P.2d 211, 216 (Utah 1993); State v. Standiford, 769 P.2d 254, 257-58 (Utah 1988); State v. Barlow, 8 Utah 2d 396, 398-400 , 335 P.2d 629, 630-31 (1959); State v. Thompson, 110 Utah 113, 119-21 , 170 P.2d 153, 156-57 (1946); State v. Bleazard, 103 Utah 113, 119 , 133 P.2d 1000, 1002 (1943); State v. Rasmussen, 92 Utah 357, 376 , 68 P.2d 176, 185 (1937). 3 ¶ 60 The Article I, section 10 requirement that a jury be unanimous is not met if a jury unanimously finds only that a defendant is guilty of a crime.	1	1
State v. Bleazardgreen utah · 1943 · cited in 1 Utah opinions naming this issue, 1999–1999 2 sentences 1999See, e.g., Tillman v. Cook, 855 P.2d 211, 216 (Utah 1993); State v. Standiford, 769 P.2d 254, 257-58 (Utah 1988); State v. Barlow, 8 Utah 2d 396, 398-400 , 335 P.2d 629, 630-31 (1959); State v. Thompson, 110 Utah 113, 119-21 , 170 P.2d 153, 156-57 (1946); State v. Bleazard, 103 Utah 113, 119 , 133 P.2d 1000, 1002 (1943); State v. Rasmussen, 92 Utah 357, 376 , 68 P.2d 176, 185 (1937). 3 ¶ 60 The Article I, section 10 requirement that a jury be unanimous is not met if a jury unanimously finds only that a defendant is guilty of a crime. 1999See, e.g., Tillman v. Cook, 855 P.2d 211, 216 (Utah 1993); State v. Standiford, 769 P.2d 254, 257-58 (Utah 1988); State v. Barlow, 8 Utah 2d 396, 398-400 , 335 P.2d 629, 630-31 (1959); State v. Thompson, 110 Utah 113, 119-21 , 170 P.2d 153, 156-57 (1946); State v. Bleazard, 103 Utah 113, 119 , 133 P.2d 1000, 1002 (1943); State v. Rasmussen, 92 Utah 357, 376 , 68 P.2d 176, 185 (1937). 3 ¶ 60 The Article I, section 10 requirement that a jury be unanimous is not met if a jury unanimously finds only that a defendant is guilty of a crime.	1	1
State v. Rasmussengreen utah · 1937 · cited in 1 Utah opinions naming this issue, 1999–1999 2 sentences 1999See, e.g., Tillman v. Cook, 855 P.2d 211, 216 (Utah 1993); State v. Standiford, 769 P.2d 254, 257-58 (Utah 1988); State v. Barlow, 8 Utah 2d 396, 398-400 , 335 P.2d 629, 630-31 (1959); State v. Thompson, 110 Utah 113, 119-21 , 170 P.2d 153, 156-57 (1946); State v. Bleazard, 103 Utah 113, 119 , 133 P.2d 1000, 1002 (1943); State v. Rasmussen, 92 Utah 357, 376 , 68 P.2d 176, 185 (1937). 3 ¶ 60 The Article I, section 10 requirement that a jury be unanimous is not met if a jury unanimously finds only that a defendant is guilty of a crime. 1999See, e.g., Tillman v. Cook, 855 P.2d 211, 216 (Utah 1993); State v. Standiford, 769 P.2d 254, 257-58 (Utah 1988); State v. Barlow, 8 Utah 2d 396, 398-400 , 335 P.2d 629, 630-31 (1959); State v. Thompson, 110 Utah 113, 119-21 , 170 P.2d 153, 156-57 (1946); State v. Bleazard, 103 Utah 113, 119 , 133 P.2d 1000, 1002 (1943); State v. Rasmussen, 92 Utah 357, 376 , 68 P.2d 176, 185 (1937). 3 ¶ 60 The Article I, section 10 requirement that a jury be unanimous is not met if a jury unanimously finds only that a defendant is guilty of a crime.	1	1
Tillman v. Cookgreen utah · 1993 · cited in 1 Utah opinions naming this issue, 1999–1999 2 sentences 1999See, e.g., Tillman v. Cook, 855 P.2d 211, 216 (Utah 1993); State v. Standiford, 769 P.2d 254, 257-58 (Utah 1988); State v. Barlow, 8 Utah 2d 396, 398-400 , 335 P.2d 629, 630-31 (1959); State v. Thompson, 110 Utah 113, 119-21 , 170 P.2d 153, 156-57 (1946); State v. Bleazard, 103 Utah 113, 119 , 133 P.2d 1000, 1002 (1943); State v. Rasmussen, 92 Utah 357, 376 , 68 P.2d 176, 185 (1937). 3 ¶ 60 The Article I, section 10 requirement that a jury be unanimous is not met if a jury unanimously finds only that a defendant is guilty of a crime. 1999See, e.g., Tillman v. Cook, 855 P.2d 211, 216 (Utah 1993); State v. Standiford, 769 P.2d 254, 257-58 (Utah 1988); State v. Barlow, 8 Utah 2d 396, 398-400 , 335 P.2d 629, 630-31 (1959); State v. Thompson, 110 Utah 113, 119-21 , 170 P.2d 153, 156-57 (1946); State v. Bleazard, 103 Utah 113, 119 , 133 P.2d 1000, 1002 (1943); State v. Rasmussen, 92 Utah 357, 376 , 68 P.2d 176, 185 (1937). [3] ¶ 60 The Article I, section 10 requirement that a jury be unanimous is not met if a jury unanimously finds only that a defendant is guilty of a crime.	1	1
United Park City Mines Company v. Prescottgreen utah · 1964 · cited in 1 Utah opinions naming this issue, 1979–1979 2 sentences 1979United Park City Mines Co. v. Prescott, 15 Utah 2d 410, 412 , 393 P.2d 800, 801-02 (1964). 1979United Park City Mines Co. v. Prescott, 15 Utah 2d 410, 412 , 393 P.2d 800, 801-02 (1964).	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Utah. Read the followed side critically anyway.

Also cited on this issue (10)

Case	Cited	Years
TDM, INC. v. Tax Commission green utahctapp · 2004 2 sentences 2019As noted, A-Fab does not dispute that it failed to exhaust in this case-rather, it contends that it fits into an exception to the general rule. ¶17 This court has recognized an exception to the rule that a party must exhaust when "it appears that exhaustion would serve no useful purpose." TDM, Inc. v. Tax Comm'n , 2004 UT App 433 , ¶ 4, 103 P.3d 190 (per curiam) (cleaned up). 2019As noted, A-Fab does not dispute that it failed to exhaust in this case-rather, it contends that it fits into an exception to the general rule. ¶17 This court has recognized an exception to the rule that a party must exhaust when "it appears that exhaustion would serve no useful purpose." TDM, Inc. v. Tax Comm'n , 2004 UT App 433 , ¶ 4, 103 P.3d 190 (per curiam) (cleaned up).	1	2019–2019
Ostler v. Buhler green utah · 1999 2 sentences 2016T 18 Under similar cireumstances, in Ostler v. Buhler, the Utah Supreme Court held that a trial court's order to distribute settlement funds directly to an attorney was void because the attorney failed to properly intervene prior to judgment. 1999 UT 99 , 1 9, 989 104 P.2d 1073. 2016*But, as the Utah Supreme Court noted in Ostler, in cases where the court has recognized waiver, the parties to the action allowed "the non-party to intervene not only by failing to object to. the non-party's presence but also by failing to object to the non-party's actual participation in the underlying action." Ostler, 1999 UT 99, 18 , 989 P.2d 1078 .	1	2016–2016
Parsley v. Superior Court neutral calctapp · 1940 1 sentence 2016T 18 Under similar cireumstances, in Ostler v. Buhler, the Utah Supreme Court held that a trial court's order to distribute settlement funds directly to an attorney was void because the attorney failed to properly intervene prior to judgment. 1999 UT 99 , 1 9, 989 *104 P.2d 1073.	1	2016–2016
Price v. Lloyd green utah · 1906 2 sentences 1940Price v. Lloyd, 31 Utah 86 , 86 P. 767 , 8 L. 1940Price v. Lloyd, 31 Utah 86 , 86 P. 767 , 8 L.	1	1940–1940
Metcalf & Eddy v. Mitchell green scotus · 1926 2 sentences 1938It is to that high end that this court has recognized the rule, which rests upon necessary implication, that neither may tax the governmental means and instrumentalities of the other. * * * “We thus come to a situation, which the courts have frequently been called upon to meet, where the issue cannot be decided in accordance with an established formula, but where points along the line ‘are fixed by decisions that this or that concrete case falls on the nearer or farther side.’ * * * “* * * Metcalf & Eddy v. Mitchell, 269 U. S. 514, 523 , 46 S. Ct. 172 , 70 L. 1938It is to that high end that this court has recognized the rule, which rests upon necessary implication, that neither may tax the governmental means and instrumentalities of the other. * * * “We thus come to a situation, which the courts have frequently been called upon to meet, where the issue cannot be decided in accordance with an established formula, but where points along the line ‘are fixed by decisions that this or that concrete case falls on the nearer or farther side.’ * * * “* * * Metcalf & Eddy v. Mitchell, 269 U. S. 514, 523 , 46 S. Ct. 172 , 70 L.	1	1938–1938
State v. Hanna green utah · 1933 2 sentences 1936State v. Scott, 55 Utah 553 , 188 P. 860 , 865 ; State v. Hanna, 81 Utah 583 , 21 P. (2d) 537 . 1936State v. Scott, 55 Utah 553 , 188 P. 860 , 865 ; State v. Hanna, 81 Utah 583 , 21 P. (2d) 537 .	1	1936–1936
State v. Scott neutral · 1920 2 sentences 1936State v. Scott, 55 Utah 553 , 188 P. 860 , 865 ; State v. Hanna, 81 Utah 583 , 21 P. (2d) 537 . 1936State v. Scott, 55 Utah 553 , 188 P. 860 , 865 ; State v. Hanna, 81 Utah 583 , 21 P. (2d) 537 .	1	1936–1936
Jahn v. City of Seattle neutral wash · 1922 2 sentences 1932The taxpayer must point to illegality or fraud.” In John v. City of Seattle, 120 Wash. 403 , 207 P. 667, 668 , in upholding as valid a city ordinance prescribing the rate of wages for an eight-hour day and a requirement that the contractor or subcontractor shall give preference to citizens of the United States and heads of families, the court said: “The courts no more will attempt to say what wages must be paid upon public work, what hours of employment shall prevail, or the class of people who shall perform that work, than they will attempt to interfere and prescribe the material to go into t 1932The taxpayer must point to illegality or fraud.” In John v. City of Seattle, 120 Wash. 403 , 207 P. 667, 668 , in upholding as valid a city ordinance prescribing the rate of wages for an eight-hour day and a requirement that the contractor or subcontractor shall give preference to citizens of the United States and heads of families, the court said: “The courts no more will attempt to say what wages must be paid upon public work, what hours of employment shall prevail, or the class of people who shall perform that work, than they will attempt to interfere and prescribe the material to go into t	1	1932–1932
Murphy v. Salt Lake City green utah · 1925 2 sentences 1932The taxpayer must point to illegality or fraud.” In John v. City of Seattle, 120 Wash. 403 , 207 P. 667, 668 , in upholding as valid a city ordinance prescribing the rate of wages for an eight-hour day and a requirement that the contractor or subcontractor shall give preference to citizens of the United States and heads of families, the court said: “The courts no more will attempt to say what wages must be paid upon public work, what hours of employment shall prevail, or the class of people who shall perform that work, than they will attempt to interfere and prescribe the material to go into t 1932The taxpayer must point to illegality or fraud.” In John v. City of Seattle, 120 Wash. 403 , 207 P. 667, 668 , in upholding as valid a city ordinance prescribing the rate of wages for an eight-hour day and a requirement that the contractor or subcontractor shall give preference to citizens of the United States and heads of families, the court said: “The courts no more will attempt to say what wages must be paid upon public work, what hours of employment shall prevail, or the class of people who shall perform that work, than they will attempt to interfere and prescribe the material to go into t	1	1932–1932
Ward v. Salt Lake City green utah · 1915 2 sentences 1932The taxpayer must point to illegality or fraud.” In John v. City of Seattle, 120 Wash. 403 , 207 P. 667, 668 , in upholding as valid a city ordinance prescribing the rate of wages for an eight-hour day and a requirement that the contractor or subcontractor shall give preference to citizens of the United States and heads of families, the court said: “The courts no more will attempt to say what wages must be paid upon public work, what hours of employment shall prevail, or the class of people who shall perform that work, than they will attempt to interfere and prescribe the material to go into t 1932The taxpayer must point to illegality or fraud.” In John v. City of Seattle, 120 Wash. 403 , 207 P. 667, 668 , in upholding as valid a city ordinance prescribing the rate of wages for an eight-hour day and a requirement that the contractor or subcontractor shall give preference to citizens of the United States and heads of families, the court said: “The courts no more will attempt to say what wages must be paid upon public work, what hours of employment shall prevail, or the class of people who shall perform that work, than they will attempt to interfere and prescribe the material to go into t	1	1932–1932

Where else courts name it

AL 39 (1909–2024) MS 33 (1912–2019) LA 31 (1938–2020) KS 26 (1888–2012) MT 22 (1905–2023) MD 22 (1960–2025) IL 21 (1907–2016) WY 21 (1943–2026) MI 20 (1898–2022) SC 19 (1906–2021) PA 17 (1966–2026) TX 15 (1952–2016) CA 15 (1887–2016) AR 15 (1924–2021) NC 14 (1914–2021) ID 14 (1910–2018) OH 14 (1964–2026) IN 14 (1879–2016) WA 13 (1912–2020) NE 12 (1896–2005) CT 11 (1905–2022) OK 11 (1928–2022) FL 11 (1903–2003) GA 11 (1883–2015) OR 10 (1937–2021) TN 10 (1921–2024) RI 9 (1983–2011) UT 8 (1932–2019) HI 8 (1926–2025) IA 8 (1887–2022) KY 8 (1916–2017) WI 8 (1888–1981) SD 8 (1915–2013) ND 8 (1924–2021) NV 7 (1952–2019) VT 7 (1930–2022) VA 6 (1961–2023) MN 6 (1898–2015) MO 5 (2010–2025) MA 5 (1891–2018) DE 4 (1965–2023) DC 4 (1981–2012) NY 4 (1986–2009) NJ 4 (1988–2015) NM 3 (1962–2021) WV 3 (1948–1987) NH 2 (1985–1988) AZ 2 (1944–2022) CO 2 (1996–2014) ME 2 (1932–1984)

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.

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