should consider requirement (Utah) · Go Syfert
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should consider requirement in Utah

8 Utah opinions name it 2 courts 1988–2017 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 (1)

CaseFollowedCited
State v. Shicklesgreen
utah · 1988 · cited in 1 Utah opinions naming this issue, 2015–2015
1 sentence

2015And the Advisory Committee Note to rule 404 suggests that the district courts follow the same course with respect to rule 404(c) evidence: "The court should consider the factors applicable as set forth in State v. Shickles, 760 P.2d 291 295-96 (Utah 1988)...." However, even before.

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (6)

CaseCitedYears
Smith v. Smith green
utahctapp · 1999
2 sentences

2017“An issue is inadequately briefed when the overall analysis of the issue is so lacking as to shift the burden of research and argument to the reviewing court.” Smith v. Smith, 1999 UT App 370, ¶ 8 , 995 P.2d 14 (citation and internal quotation marks omitted). ¶30 Here, Father makes two references to the exceptional-circumstances doctrine, stating that he “should be viewed as having established an ‘exceptional circumstance,’ ” and that “this Court should consider the requirement of exceptional circumstance[s] in presenting this issue for the first time on appeal.” However, he fails to cite any

2017“An issue is inadequately briefed when the overall analysis of the issue is so lacking as to shift the burden of research and argument to the reviewing court.” Smith v. Smith, 1999 UT App 370, ¶ 8 , 995 P.2d 14 (citation and internal quotation marks omitted). ¶30 Here, Father makes two references to the exceptional-circumstances doctrine, stating that he “should be viewed as having established an ‘exceptional circumstance,’ ” and that “this Court should consider the requirement of exceptional circumstance[s] in presenting this issue for the first time on appeal.” However, he fails to cite any

32017–2017
In re X.C.H. green
utahctapp · 2017
1 sentence

2017“An issue is inadequately briefed when the overall analysis of the issue is so lacking as to shift the burden of research and argument to the reviewing court.” Smith v. Smith, 1999 UT App 370, ¶ 8 , 995 P.2d 14 (citation and internal quotation marks omitted). ¶30 Here, Father makes two references to the exceptional- circumstances doctrine, stating that he “should be viewed as 20150613-CA 13 2017 UT App 106 In re X.C.H. having established an ‘exceptional circumstance,’” and that “this Court should consider the requirement of exceptional circumstance[s] in presenting this issue for the first tim

12017–2017
State v. Bradley green
utahctapp · 2002
2 sentences

2007When determining whether the probative value of prior bad act evidence is substantially outweighed by potential prejudice to a defendant, the trial court should consider factors known as the Shickles 5 See Bradley, 2002 UT App 348 at ¶29 , 57 P.3d 1139 .

2007When determining whether the probative value of prior bad act evidence is substantially outweighed by potential prejudice to a defendant, the trial court should consider factors known as the Shickles 5 See Bradley, 2002 UT App 348 at ¶29 , 57 P.3d 1139 .

12007–2007
Miller v. National Broadcasting Co. green
calctapp · 1986
1 sentence

1997In making its threshold determination of offensiveness, a court should consider such factors as “the degree of intrusion, the context, conduct and circumstances surrounding the intrusion as well as the intruder’s motives and objectives, the setting into which he intrudes, and the expectations of those whose privacy is invaded.” Miller, 232 Cal.Rptr. at 679 .

11997–1997
State v. Taylor green
utahctapp · 1991
1 sentence

1996In balancing the probative value of Rule 404(b) evidence against the danger of unfair prejudice, the trial court should consider factors such as “ ‘[1] the similarities between the crimes [and] the interval of time that has elapsed between the crimes, [2] the need for the evidence [and] the efficacy of alternative proof, and [3] the degree to which the evidence probably will rouse the jury to overmastering hostility.’ ” Id. (citation omitted).

11996–1996
Jensen v. Seigel Mobile Homes Group green
idaho · 1983
2 sentences

1988Actual reliance on the statement need not be shown, however; the statement need only form a “part of the basis of the bargain.” Utah Code Ann. § 70A-2-313; Jensen, 105 Idaho at 194-95 , 668 P.2d at 71 ; Autzen v. John C.

1988Actual reliance on the statement need not be shown, however; the statement need only form a “part of the basis of the bargain.” Utah Code Ann. § 70A-2-313; Jensen, 105 Idaho at 194-95 , 668 P.2d at 71 ; Autzen v. John C.

11988–1988

Where else courts name it

MI 34 (1984–2025) IL 32 (1978–2025) NY 31 (1975–2025) TX 30 (1983–2024) CA 27 (1962–2024) OH 27 (1990–2024) NJ 17 (1980–2025) SC 13 (1999–2026) IN 9 (1990–2017) CO 8 (1998–2025) UT 8 (1988–2017) WA 8 (1974–2020) WI 7 (1964–2022) FL 7 (1990–2012) TN 7 (1998–2017) LA 6 (1987–2015) AZ 6 (1991–2024) OR 6 (2005–2026) MN 5 (1987–2017) MO 5 (1984–2008) MD 3 (1998–2016) SD 3 (1980–2022) AL 3 (2000–2017) NV 2 (2016–2016) MS 2 (2004–2008) NE 2 (2008–2021) VT 2 (1979–2013) CT 2 (1994–1994) RI 2 (2007–2007) DC 2 (1998–2000) KS 2 (2020–2024) VA 2 (2004–2026) DE 2 (1992–2023)

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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