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8 Utah opinions name it 2 courts 2002–2021 2 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 |
|---|---|---|
Crawford v. Washingtongreen2 sentences2017The Court in Crawford v. Washington abandoned the Roberts test and determined that "preliminary hearing testimony is admissible only if the defendant had an adequate opportunity to cross-examine." 541 U.S. at 57 , 124 S.Ct. 1354 . 2017The Court in Crawford v. Washington abandoned the Roberts test and determined that "preliminary hearing testimony is admissible only if the defendant had an adequate opportunity to cross-examine." 541 U.S. at 57 , 124 S.Ct. 1354 . | 1 | 2 |
United States v. Owensgreen2 sentences2017The State also cites United States v. Owens to assert that the "adequate opportunity to cross-examine" guarantees only "an opportunity for effective cross-examination, not cross-examination that is effective." 484 U.S. 554 , 557, 559, 108 S.Ct. 838 , 98 L.Ed.2d 951 (1988) (citation omitted). ¶ 41 And we agree with the State's reading of those cases. 2017The State also cites United States v. Owens to assert that the "adequate opportunity to cross-examine" guarantees only "an opportunity for effective cross-examination, not cross-examination that is effective." 484 U.S. 554 , 557, 559, 108 S.Ct. 838 , 98 L.Ed.2d 951 (1988) (citation omitted). ¶ 41 And we agree with the State's reading of those cases. | 1 | 2 |
Lilly v. Virginiagreen2 sentences2002See, eg., Lilly v. Virginia, 527 U.S. 116, 134 , 119 S.Ct. 1887 , 144 L.Ed.2d 117 (1999) (accomplice statements implicating defendant); Idaho v. Wright, 497 U.S. 805, 818 , 110 S.Ct. 3189 , 111 L.Ed.2d 638 (1990) (vietim statements implicating defendant); United States v. Inadi, 475 U.S. 387, 387 , 106 S.Ct. 1121 , 89 L.Ed.2d 390 (1986) (co-conspirator statements implicating defendant). 2002See, eg., Lilly v. Virginia, 527 U.S. 116, 134 , 119 S.Ct. 1887 , 144 L.Ed.2d 117 (1999) (accomplice statements implicating defendant); Idaho v. Wright, 497 U.S. 805, 818 , 110 S.Ct. 3189 , 111 L.Ed.2d 638 (1990) (vietim statements implicating defendant); United States v. Inadi, 475 U.S. 387, 387 , 106 S.Ct. 1121 , 89 L.Ed.2d 390 (1986) (co-conspirator statements implicating defendant). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Utah. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Sysco Corp v. Labor Commission
green
2 sentences2021Sysco, on the other hand, asked 20200058-CA 2 2021 UT App 126 Sysco v. Labor Commission Judge Trayner to rely on the panel report to conclude that Roberts was not permanently disabled. ¶5 Before Sysco’s time to respond to Roberts’s objection had passed, Judge Trayner sent the parties a letter explaining that she intended to “reject the current medical panel report and reassign the case to a new chair for evaluation.” She expressed concern with the adequacy of the techniques used in the FCE and stated that the Commission’s general practice was not to include clinicians on medical panels if they 2021“Constitutional issues, including questions regarding due process, are questions of law that we review for correctness.” Fastenal v. Labor Comm’n, 2020 UT App 53, ¶ 12 , 463 P.3d 90 (quotation simplified). 20200058-CA 5 2021 UT App 126 Sysco v. Labor Commission ¶13 Next, Sysco asserts that the Commission erred in upholding Judge Trayner’s decision to reject the original medical panel’s report and appoint a new medical panel. | 1 | 2021–2021 |
Fastenal v. Labor Commission
green
2 sentences2021“Constitutional issues, including questions regarding due process, are questions of law that we review for correctness.” Fastenal v. Labor Comm’n, 2020 UT App 53, ¶ 12 , 463 P.3d 90 (quotation simplified). 20200058-CA 5 2021 UT App 126 Sysco v. Labor Commission ¶13 Next, Sysco asserts that the Commission erred in upholding Judge Trayner’s decision to reject the original medical panel’s report and appoint a new medical panel. 2021“Constitutional issues, including questions regarding due process, are questions of law that we review for correctness.” Fastenal v. Labor Comm’n, 2020 UT App 53, ¶ 12 , 463 P.3d 90 (quotation simplified). 20200058-CA 5 2021 UT App 126 Sysco v. Labor Commission ¶13 Next, Sysco asserts that the Commission erred in upholding Judge Trayner’s decision to reject the original medical panel’s report and appoint a new medical panel. | 1 | 2021–2021 |
Larsen Beverage v. Labor Commission
green
2 sentences2021Sysco cites Larsen Beverage v. Labor Commission, 2011 UT App 69 , 250 P.3d 82 , for the proposition that it could not waive its right to offsets without doing so clearly and intentionally. 2021Sysco cites Larsen Beverage v. Labor Commission, 2011 UT App 69 , 250 P.3d 82 , for the proposition that it could not waive its right to offsets without doing so clearly and intentionally. | 1 | 2021–2021 |
State v. Reid
green
2 sentences2019Without more, Roberts "has failed to show that 'there is a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different.' " Reid , 2018 UT App 146 , ¶ 39, 427 P.3d 1261 (quoting Strickland , 466 U.S. at 694 , 104 S.Ct. 2052 ). 2019Without more, Roberts "has failed to show that 'there is a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different.' " Reid , 2018 UT App 146 , ¶ 39, 427 P.3d 1261 (quoting Strickland , 466 U.S. at 694 , 104 S.Ct. 2052 ). | 1 | 2019–2019 |
Strickland v. Washington
green
2 sentences2019Without more, Roberts "has failed to show that 'there is a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different.' " Reid , 2018 UT App 146 , ¶ 39, 427 P.3d 1261 (quoting Strickland , 466 U.S. at 694 , 104 S.Ct. 2052 ). 2019Without more, Roberts "has failed to show that 'there is a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different.' " Reid , 2018 UT App 146 , ¶ 39, 427 P.3d 1261 (quoting Strickland , 466 U.S. at 694 , 104 S.Ct. 2052 ). | 1 | 2019–2019 |
State v. Hummel
green
2 sentences2019A. Plain Error ¶14 Not "every misstep of counsel in closing amounts to plain error." State v. Hummel , 2017 UT 19 , ¶ 110, 393 P.3d 314 . 2019A. Plain Error ¶14 Not "every misstep of counsel in closing amounts to plain error." State v. Hummel , 2017 UT 19 , ¶ 110, 393 P.3d 314 . | 1 | 2019–2019 |
State v. Begishe
green
1 sentence2018In other words, the timeliness of Roberts's objection aside, the trial court had no discretion to exclude Social Worker's testimony absent a finding that the State deliberately violated its obligation under the statute to identify Social Worker as an expert witness. ¶38 At oral argument, Roberts contended that two cases- State v. Bredehoft , 966 P.2d 285 (Utah Ct. App. 1998), and State v. Begishe , 937 P.2d 527 (Utah Ct. App. 1997) -suggested that, despite the plain language of the statute, a court could exclude non-noticed expert testimony without finding that the lack of notice was deliberat | 1 | 2018–2018 |
State v. Bredehoft
green
1 sentence2018In other words, the timeliness of Roberts's objection aside, the trial court had no discretion to exclude Social Worker's testimony absent a finding that the State deliberately violated its obligation under the statute to identify Social Worker as an expert witness. ¶38 At oral argument, Roberts contended that two cases- State v. Bredehoft , 966 P.2d 285 (Utah Ct. App. 1998), and State v. Begishe , 937 P.2d 527 (Utah Ct. App. 1997) -suggested that, despite the plain language of the statute, a court could exclude non-noticed expert testimony without finding that the lack of notice was deliberat | 1 | 2018–2018 |
State v. Tripp
green
2 sentences2015State v. Tripp, 2010 UT 9, ¶ 23 , 227 P.3d 1251 . 2015State v. Tripp, 2010 UT 9, ¶ 23 , 227 P.3d 1251 . | 1 | 2015–2015 |
State v. Butterfield
green
2 sentences2015State v. Butterfield, 2001 UT 59, ¶ 28 , 27 P.3d 1133 . 2015State v. Butterfield, 2001 UT 59, ¶ 28 , 27 P.3d 1133 . | 1 | 2015–2015 |
State v. Robinson
green
2 sentences2015Although the statute creates distinct classifications between those who may and may not legally possess child pornography, the district court reasoned that those classifications do not "impose any disparate treatment on persons similarly situated." See State v. Robinson, 2011 UT 30 , 254 P.3d 183 . {11 The district court also rejected Mr. Roberts' as-applied challenge to the statute. 2015Although the statute creates distinct classifications between those who may and may not legally possess child pornography, the district court reasoned that those classifications do not "impose any disparate treatment on persons similarly situated." See State v. Robinson, 2011 UT 30 , 254 P.3d 183 . {11 The district court also rejected Mr. Roberts' as-applied challenge to the statute. | 1 | 2015–2015 |
Idaho v. Wright
green
2 sentences2002See, eg., Lilly v. Virginia, 527 U.S. 116, 134 , 119 S.Ct. 1887 , 144 L.Ed.2d 117 (1999) (accomplice statements implicating defendant); Idaho v. Wright, 497 U.S. 805, 818 , 110 S.Ct. 3189 , 111 L.Ed.2d 638 (1990) (vietim statements implicating defendant); United States v. Inadi, 475 U.S. 387, 387 , 106 S.Ct. 1121 , 89 L.Ed.2d 390 (1986) (co-conspirator statements implicating defendant). 2002See, eg., Lilly v. Virginia, 527 U.S. 116, 134 , 119 S.Ct. 1887 , 144 L.Ed.2d 117 (1999) (accomplice statements implicating defendant); Idaho v. Wright, 497 U.S. 805, 818 , 110 S.Ct. 3189 , 111 L.Ed.2d 638 (1990) (vietim statements implicating defendant); United States v. Inadi, 475 U.S. 387, 387 , 106 S.Ct. 1121 , 89 L.Ed.2d 390 (1986) (co-conspirator statements implicating defendant). | 1 | 2002–2002 |
United States v. Inadi
green
2 sentences2002See, eg., Lilly v. Virginia, 527 U.S. 116, 134 , 119 S.Ct. 1887 , 144 L.Ed.2d 117 (1999) (accomplice statements implicating defendant); Idaho v. Wright, 497 U.S. 805, 818 , 110 S.Ct. 3189 , 111 L.Ed.2d 638 (1990) (vietim statements implicating defendant); United States v. Inadi, 475 U.S. 387, 387 , 106 S.Ct. 1121 , 89 L.Ed.2d 390 (1986) (co-conspirator statements implicating defendant). 2002See, eg., Lilly v. Virginia, 527 U.S. 116, 134 , 119 S.Ct. 1887 , 144 L.Ed.2d 117 (1999) (accomplice statements implicating defendant); Idaho v. Wright, 497 U.S. 805, 818 , 110 S.Ct. 3189 , 111 L.Ed.2d 638 (1990) (vietim statements implicating defendant); United States v. Inadi, 475 U.S. 387, 387 , 106 S.Ct. 1121 , 89 L.Ed.2d 390 (1986) (co-conspirator statements implicating defendant). | 1 | 2002–2002 |
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.