8 Utah opinions name it 2 courts 2016–2025 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. Metgreen2 sentences2017Instead, courts are ‘bound by the test of rule 403,’ and it is ‘unnecessary for courts to evaluate each and every [Shickles] factor’ in every context.” (citation omitted)); State v. Lucero, 2014 UT 15, ¶ 32 , 328 P.3d 841 (“Since our decision in Shickles, a number of courts have relied heavily on [its] list of factors in weighing evidence under rule 403. . . . [C]ourts are bound by the text of rule 403, not the limited list of considerations outlined in Shickles.”); see also Met v. State, 2016 UT 51 , ¶ 90, 388 P.3d 447 (repudiating the multi-factor test outlined in precedent for determining w 2017Instead, courts are ‘bound by the test of rule 403,’ and it is ‘unnecessary for courts to evaluate each and every [Shickles] factor’ in every context.” (citation omitted)); State v. Lucero, 2014 UT 15, ¶ 32 , 328 P.3d 841 (“Since our decision in Shickles, a number of courts have relied heavily on [its] list of factors in weighing evidence under rule 403. . . . [C]ourts are bound by the text of rule 403, not the limited list of considerations outlined in Shickles.”); see also Met v. State, 2016 UT 51 , ¶ 90, 388 P.3d 447 (repudiating the multi-factor test outlined in precedent for determining w | 2 | 2 |
State v. Cuttlergreen2 sentences2017Instead, courts are ‘bound by the test of rule 403,’ and it is ‘unnecessary for courts to evaluate each and every [Shickles] factor’ in every context.” (citation omitted)); State v. Lucero, 2014 UT 15, ¶ 32 , 328 P.3d 841 (“Since our decision in Shickles, a number of courts have relied heavily on [its] list of factors in weighing evidence under rule 403. . . . [C]ourts are bound by the text of rule 403, not the limited list of considerations outlined in Shickles.”); see also Met v. State, 2016 UT 51 , ¶ 90, 388 P.3d 447 (repudiating the multi-factor test outlined in precedent for determining w 2017Cuttler, 2015 UT 95, ¶ 19 , 367 P.3d 981 . 56 . | 1 | 2 |
Hoyer v. Stategreen2 sentences2018See Hoyer v. State, 2009 UT 38, ¶ 32 , 212 P.3d 547 (explaining that “the test for whether an exception to the waiver of immunity for negligence applies is whether ‘but for’ the excepted act, the harm would not have occurred”). 2018See Hoyer v. State, 2009 UT 38, ¶ 32 , 212 P.3d 547 (explaining that “the test for whether an exception to the waiver of immunity for negligence applies is whether ‘but for’ the excepted act, the harm would not have occurred”). | 1 | 1 |
State v. Verdegreen1 sentence2017Under this requirement, “[t]he defendant must have been accused of _____________________________________________________________ 56 Verde, 2012 UT 60, ¶ 57 (citation omitted). 57 Id. ¶¶ 22, 25–27 (concluding that a not guilty plea was insufficient to place the issue of a defendant’s intent in bona fide dispute, especially where the defendant did not contest intent at trial but based his defense on never having touched the genitalia of the victim). 58 Id. ¶ 59 (citation omitted). 59 Id. ¶ 58 (alteration in original) (citation omitted). 60 Id. ¶ 49. 61 Id. ¶ 60 (citation omitted). 62 Id. 17 STAT | 1 | 1 |
Laub v. SOUTH CENTRAL UTAH TELEPHONE ASS'Ngreen1 sentence2017Ass’n, 657 P.2d 1304, 1306-07 (Utah 1982) (emphasis omitted). | 1 | 1 |
Diversified Equities, Inc. v. American Savings & Loan Ass'ngreen1 sentence2016Ingqui-ry notice occurs "when the information would lead an ordinarily prudent person to investigate the matter further." Inquiry Notice, Black's Law Dictionary (10th ed. 2014); see also Diversified Equities, Inc. v. American Sav. & Loan Ass'n, 739 P.2d 1133 , 1137 n. 5 (Utah Ct.App.1987) ("A duty of inquiry requires the party to make inquiry and to diligently do that which the answer to the inquiry reasonably prompts. ... | 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. Lucero
green
2 sentences2017Instead, courts are ‘bound by the test of rule 403,’ and it is ‘unnecessary for courts to evaluate each and every [Shickles] factor’ in every context.” (citation omitted)); State v. Lucero, 2014 UT 15, ¶ 32 , 328 P.3d 841 (“Since our decision in Shickles, a number of courts have relied heavily on [its] list of factors in weighing evidence under (Continued) 15 STATE v. LOWTHER Opinion of the Court displaced the Shickles factors in cases where the doctrine of chances is involved—as the court of appeals has done—may lead courts to conclude that they must “moor [their] rule 403 analysis entirely a 2017Instead, courts are ‘bound by the test of rule 403,’ and it is ‘unnecessary for courts to evaluate each and every [Shickles] factor’ in every context.” (citation omitted)); State v. Lucero, 2014 UT 15, ¶ 32 , 328 P.3d 841 (“Since our decision in Shickles, a number of courts have relied heavily on [its] list of factors in weighing evidence under (Continued) 15 STATE v. LOWTHER Opinion of the Court displaced the Shickles factors in cases where the doctrine of chances is involved—as the court of appeals has done—may lead courts to conclude that they must “moor [their] rule 403 analysis entirely a | 3 | 2017–2017 |
Turpin v. Valley Obstetrics and Gynecology
green
2 sentences2025We made the same observation in Turpin v. Valley Obstetrics & Gynecology, 2021 UT App 12 , 482 P.3d 831 , but noted that Mounteer “was not an arbitration case” and that the court in Mounteer “did not specifically address whether prejudice remains an element” of the test for waiver of the right to arbitrate. 2025We made the same observation in Turpin v. Valley Obstetrics & Gynecology, 2021 UT App 12 , 482 P.3d 831 , but noted that Mounteer “was not an arbitration case” and that the court in Mounteer “did not specifically address whether prejudice remains an element” of the test for waiver of the right to arbitrate. | 1 | 2025–2025 |
Mathena v. Vanderhorst
green
1 sentence2020Plainly put, despite these two appellate opinions, Jones’s clarification remains good law. 20190156-CA 7 2020 UT App 104 Mathena v. Vanderhorst never referred to the beyond-control test and never applied the test in its analysis. | 1 | 2020–2020 |
Menzies v. Galetka
green
2 sentences2017Thus, the district court’s order permitting service by publication was not erroneous under the circumstances and does not void the default judgment. ¶14 Second, Baker contends that “[i]f there were ever a reason justifying relief from a judgment under rule 60(b)(6), it would be, to ensure a person’s constitutional guarantee to due process was afforded to them.” While we do not disagree that one of the purposes of rule 60 is to protect the due process rights of litigants, see Menzies v. Galetka, 2006 UT 81, ¶ 63 , 150 P.3d 480 (“Rule 60(b) is an equitable rule designed to balance the competing 2017Thus, the district court’s order permitting service by publication was not erroneous under the circumstances and does not void the default judgment. ¶14 Second, Baker contends that “[i]f there were ever a reason justifying relief from a judgment under rule 60(b)(6), it would be, to ensure a person’s constitutional guarantee to due process was afforded to them.” While we do not disagree that one of the purposes of rule 60 is to protect the due process rights of litigants, see Menzies v. Galetka, 2006 UT 81, ¶ 63 , 150 P.3d 480 (“Rule 60(b) is an equitable rule designed to balance the competing | 1 | 2017–2017 |
State v. Lowther
green
1 sentence2017Instead, courts are ‘bound by the test of rule 403,’ and it is ‘unnecessary for courts to evaluate each and every [Shickles] factor’ in every context.” (citation omitted)); State v. Lucero, 2014 UT 15, ¶ 32 , 328 P.3d 841 (“Since our decision in Shickles, a number of courts have relied heavily on [its] list of factors in weighing evidence under rule 403. . . . [C]ourts are bound by the text of rule 403, not the limited list of considerations outlined in Shickles.”); see also Met v. State, 2016 UT 51 , ¶ 90, 388 P.3d 447 (repudiating the multi-factor test outlined in precedent for determining w | 1 | 2017–2017 |
Anderson v. Dean Witter Reynolds, Inc.
green
1 sentence2016The test for inquiry notice is "whether the plaintiff has information of cireamstances sufficient to put a reasonable person on inquiry." Id. (citation and internal quotation marks omitted). | 1 | 2016–2016 |
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.