sufficiency of the evidence claim (Utah) · Go Syfert
← Utah issues

sufficiency of the evidence claim in Utah

53 Utah opinions name it 2 courts 1993–2026 18 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 (27)

CaseFollowedCited
State v. Jokgreen
utah · 2021 · cited in 7 Utah opinions naming this issue, 2021–2026
2 sentences

2026See, e.g., Jok, 2021 UT 35, ¶ 29 (explaining that reviewing courts may not substitute their opinion for that of the jury on a sufficiency of the evidence challenge).

2023For “a sufficiency of the evidence challenge, we will only reverse the fact finder’s verdict when the evidence is sufficiently inconclusive or inherently improbable such that reasonable minds must have entertained a reasonable doubt that the defendant committed the crime for which he or she was convicted.” State v. Jok, 2021 UT 35, ¶ 17 , 493 P.3d 665 (quotation simplified). ¶17 Second, Barnes asserts that his trial counsel provided constitutionally ineffective assistance by not requesting a lesser- included-offense jury instruction on the object rape charge.

37
State v. Ashcraftgreen
utah · 2015 · cited in 7 Utah opinions naming this issue, 2015–2020
2 sentences

2020Specifically, he claims that the State’s evidence “did not prove that [he] knowingly provided false or fraudulent information to Insurance [Company] regarding the timing and specifics of the crash.” ¶34 “On a sufficiency of the evidence claim we give substantial deference to the jury,” and the operative question is “simply whether the jury’s verdict is reasonable in light of all of the evidence taken cumulatively, under a standard of review that yields deference to all reasonable inferences supporting the jury’s verdict.” State v. Ashcraft, 2015 UT 5, ¶¶ 18, 24 , 349 P.3d 664 ; see also Mackin

2020Specifically, he claims that the State’s evidence “did not prove that [he] knowingly provided false or fraudulent information to Insurance [Company] regarding the timing and specifics of the crash.” ¶34 “On a sufficiency of the evidence claim we give substantial deference to the jury,” and the operative question is “simply whether the jury’s verdict is reasonable in light of all of the evidence taken cumulatively, under a standard of review that yields deference to all reasonable inferences supporting the jury’s verdict.” State v. Ashcraft, 2015 UT 5, ¶¶ 18, 24 , 349 P.3d 664 ; see also Mackin

27
State v. Darnstaedtgreen
utahctapp · 2021 · cited in 2 Utah opinions naming this issue, 2023–2023
2 sentences

2023It is simply whether the inference adopted by the jury was sustainable.”); accord State v. Darnstaedt, 2021 UT App 19 , ¶ 35 n.6, 483 P.3d 71 , cert. denied, 496 P.3d 716 (Utah 2021). ¶45 In sum, we conclude that “some evidence” existed for the jury to find beyond a reasonable doubt that Naranjo failed to respond to an officer’s signal to stop and possessed a controlled substance.

2023It is simply whether the inference adopted by the jury was sustainable.”); accord State v. Darnstaedt, 2021 UT App 19 , ¶ 35 n.6, 483 P.3d 71 , cert. denied, 496 P.3d 716 (Utah 2021). ¶45 In sum, we conclude that “some evidence” existed for the jury to find beyond a reasonable doubt that Naranjo failed to respond to an officer’s signal to stop and possessed a controlled substance.

22
State v. Mackingreen
utah · 2016 · cited in 2 Utah opinions naming this issue, 2020–2020
2 sentences

2020Specifically, he claims that the State’s evidence “did not prove that [he] knowingly provided false or fraudulent information to Insurance [Company] regarding the timing and specifics of the crash.” ¶34 “On a sufficiency of the evidence claim we give substantial deference to the jury,” and the operative question is “simply whether the jury’s verdict is reasonable in light of all of the evidence taken cumulatively, under a standard of review that yields deference to all reasonable inferences supporting the jury’s verdict.” State v. Ashcraft, 2015 UT 5, ¶¶ 18, 24 , 349 P.3d 664 ; see also Mackin

2020Specifically, he claims that the State’s evidence “did not prove that [he] knowingly provided false or fraudulent information to Insurance [Company] regarding the timing and specifics of the crash.” ¶34 “On a sufficiency of the evidence claim we give substantial deference to the jury,” and the operative question is “simply whether the jury’s verdict is reasonable in light of all of the evidence taken cumulatively, under a standard of review that yields deference to all reasonable inferences supporting the jury’s verdict.” State v. Ashcraft, 2015 UT 5, ¶¶ 18, 24 , 349 P.3d 664 ; see also Mackin

22
State v. Rudolphgreen
utahctapp · 2000 · cited in 2 Utah opinions naming this issue, 2001–2001
2 sentences

2001See State v. Rudolph, 2000 UT App 155, ¶ 24 , 3 P.3d 192 (declining "to establish a new rule requiring a criminal defendant to preserve a sufficiency-of-the-evidence claim by making an objection or filing a motion challenging the sufficiency of the evidence at the trial court level").

2001See State v. Rudolph, 2000 UT App 155, ¶ 24 , 3 P.3d 192 (declining "to establish a new rule requiring a criminal defendant to preserve a sufficiency-of-the-evidence claim by making an objection or filing a motion challenging the sufficiency of the evidence at the trial court level").

22
State v. Robbinsgreen
utah · 2009 · cited in 3 Utah opinions naming this issue, 2017–2024
2 sentences

2024As part of this challenge, Mayorga contends—for the first time on appeal—that Elise’s trial testimony was “inherently improbable” under State v. Robbins, 2009 UT 23 , 210 P.3d 288 , and therefore should not have been considered in the sufficiency-of- the-evidence analysis.

2024As part of this challenge, Mayorga contends—for the first time on appeal—that Elise’s trial testimony was “inherently improbable” under State v. Robbins, 2009 UT 23 , 210 P.3d 288 , and therefore should not have been considered in the sufficiency-of- the-evidence analysis.

13
State v. Hamiltongreen
utah · 2003 · cited in 3 Utah opinions naming this issue, 2012–2014
2 sentences

2014We will affirm a jury's verdict against a sufficiency of the evidence challenge "if upon reviewing the evidence and all inferences that can be reasonably drawn from it, [we conclude] that some evidence exists from which a reasonable jury could find that the elements of the crime had been proven beyond a reasonable doubt." State v. Mills, 2012 UT App 367, ¶ 40 , 293 P.3d 1129 (alteration in original) (quoting State v. Hamilton, 2003 UT 22, ¶ 41 , 70 P.3d 111 ). 110 Williams next challenges the trial court's decision to exclude testimony regarding child pornography on the victim's phone.

2014We will affirm a jury's verdict against a sufficiency of the evidence challenge "if upon reviewing the evidence and all inferences that can be reasonably drawn from it, [we conclude] that some evidence exists from which a reasonable jury could find that the elements of the crime had been proven beyond a reasonable doubt." State v. Mills, 2012 UT App 367, ¶ 40 , 293 P.3d 1129 (alteration in original) (quoting State v. Hamilton, 2003 UT 22, ¶ 41 , 70 P.3d 111 ). 110 Williams next challenges the trial court's decision to exclude testimony regarding child pornography on the victim's phone.

13
State v. Holgategreen
utah · 2000 · cited in 2 Utah opinions naming this issue, 2018–2021
2 sentences

2021See 2000 UT 74, ¶ 11 , 10 P.3d 346 (―As a general rule, claims not raised before the trial court may not be raised on appeal.‖).

2021See 2000 UT 74, ¶ 11 , 10 P.3d 346 (―As a general rule, claims not raised before the trial court may not be raised on appeal.‖).

12
State v. Millsgreen
utahctapp · 2012 · cited in 2 Utah opinions naming this issue, 2013–2014
2 sentences

2014We will affirm a jury's verdict against a sufficiency of the evidence challenge "if upon reviewing the evidence and all inferences that can be reasonably drawn from it, [we conclude] that some evidence exists from which a reasonable jury could find that the elements of the crime had been proven beyond a reasonable doubt." State v. Mills, 2012 UT App 367, ¶ 40 , 293 P.3d 1129 (alteration in original) (quoting State v. Hamilton, 2003 UT 22, ¶ 41 , 70 P.3d 111 ). 110 Williams next challenges the trial court's decision to exclude testimony regarding child pornography on the victim's phone.

2014We will affirm a jury's verdict against a sufficiency of the evidence challenge "if upon reviewing the evidence and all inferences that can be reasonably drawn from it, [we conclude] that some evidence exists from which a reasonable jury could find that the elements of the crime had been proven beyond a reasonable doubt." State v. Mills, 2012 UT App 367, ¶ 40 , 293 P.3d 1129 (alteration in original) (quoting State v. Hamilton, 2003 UT 22, ¶ 41 , 70 P.3d 111 ). 110 Williams next challenges the trial court's decision to exclude testimony regarding child pornography on the victim's phone.

12
State v. Schroedergreen
utahctapp · 2023 · cited in 1 Utah opinions naming this issue, 2023–2023
1 sentence

2023See State v. Jok, 2021 UT 35, ¶ 18 , 493 P.3d 665 (noting that “a sufficiency of the evidence claim is effectively preserved by the nature of a bench trial and does not require making a specific motion”). 20190339-CA 9 2023 UT App 57 State v. Schroeder commenced by filing an information,” Utah R.

11
United States v. Lanegreen
scotus · 1986 · cited in 1 Utah opinions naming this issue, 2020–2020
1 sentence

2020See United States v. Lane, 474 U.S. 438 , 450 n.13 (1986) (agreeing “that the harmless-error inquiry is entirely distinct from a sufficiency-of-the-evidence inquiry”). ¶66 In the counterfactual scenario where T.J.’s testimony had been properly excluded, we agree with the State that the remaining evidence would have been sufficient to prove Leech’s guilt beyond a reasonable doubt.

11
State v. Montoyagreen
utah · 2004 · cited in 1 Utah opinions naming this issue, 2019–2019
11
People v. . Sullivangreen
ny · 1903 · cited in 1 Utah opinions naming this issue, 2017–2017
11
State v. Schreudergreen
utah · 1985 · cited in 1 Utah opinions naming this issue, 2014–2014
11
State v. Hirschigreen
utahctapp · 2007 · cited in 1 Utah opinions naming this issue, 2012–2012
11
State v. Lowgreen
utah · 2008 · cited in 1 Utah opinions naming this issue, 2011–2011
11
State v. Fultongreen
utah · 1987 · cited in 1 Utah opinions naming this issue, 2011–2011
11
Ellis v. SOCIAL SERVICES DEPT., ETC.green
utah · 1980 · cited in 1 Utah opinions naming this issue, 2011–2011
11
State v. Wilsongreen
utah · 1977 · cited in 1 Utah opinions naming this issue, 2011–2011
11
State v. Knollgreen
utah · 1985 · cited in 1 Utah opinions naming this issue, 2011–2011
11
State v. Romerogreen
utah · 1976 · cited in 1 Utah opinions naming this issue, 2011–2011
11
State v. Hallettgreen
utah · 1980 · cited in 1 Utah opinions naming this issue, 2005–2005
11
Carmell v. Texasgreen
scotus · 2000 · cited in 1 Utah opinions naming this issue, 2003–2003
11
State v. Johnsongreen
utah · 1991 · cited in 1 Utah opinions naming this issue, 2003–2003
11
State v. Bullockgreen
utah · 1989 · cited in 1 Utah opinions naming this issue, 2000–2000
11
Spanish Fork City v. Bryangreen
utahctapp · 1999 · cited in 1 Utah opinions naming this issue, 2000–2000
11
State v. Boonegreen
utahctapp · 1991 · cited in 1 Utah opinions naming this issue, 1993–1993
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 (37)

CaseCitedYears
State v. Nielsen green
utah · 2014
2 sentences

2018When considering a sufficiency of the evidence claim, "we review the evidence and all inferences which may reasonably be drawn from it in the light most favorable to the verdict of the jury." State v. Nielsen , 2014 UT 10 , ¶ 46, 326 P.3d 645 (cleaned up).

2018When considering a sufficiency of the evidence claim, "we review the evidence and all inferences which may reasonably be drawn from it in the light most favorable to the verdict of the jury." State v. Nielsen , 2014 UT 10 , ¶ 46, 326 P.3d 645 (cleaned up).

42015–2019
Ward v. McGarry green
utahctapp · 2024
2 sentences

2025Moreover, “for a sufficiency of the evidence challenge, we will reverse the fact finder’s verdict only when the evidence is sufficiently inconclusive or inherently improbable such that reasonable minds must have entertained a reasonable doubt that the defendant committed the crime for which he or she was convicted.” State v. Hughes, 2024 UT App 168 , ¶ 26, 560 P.3d 188 (cleaned up), cert. denied, 564 P.3d 957 (Utah 2025).

2025“When a sufficiency of the evidence challenge is based on the inherent improbability of certain evidence, our analysis proceeds in two parts.” State v. Hughes, 2024 UT App 168 , ¶ 28, 560 P.3d 188 , cert. denied, 564 P.3d 957 (Utah 2025).

32024–2025
State v. Hughes green
utahctapp · 2024
2 sentences

2025Moreover, “for a sufficiency of the evidence challenge, we will reverse the fact finder’s verdict only when the evidence is sufficiently inconclusive or inherently improbable such that reasonable minds must have entertained a reasonable doubt that the defendant committed the crime for which he or she was convicted.” State v. Hughes, 2024 UT App 168 , ¶ 26, 560 P.3d 188 (cleaned up), cert. denied, 564 P.3d 957 (Utah 2025).

2025“When a sufficiency of the evidence challenge is based on the inherent improbability of certain evidence, our analysis proceeds in two parts.” State v. Hughes, 2024 UT App 168 , ¶ 28, 560 P.3d 188 , cert. denied, 564 P.3d 957 (Utah 2025).

22025–2025
State v. Barnes green
utahctapp · 2023
2 sentences

2024“For a sufficiency of the evidence challenge, we will . . . reverse the fact finder’s verdict [only] when the evidence is sufficiently inconclusive or inherently improbable such that reasonable minds must have entertained a reasonable doubt that the defendant committed the crime for which he or she was convicted.” State v. 20220640-CA 10 2024 UT App 168 State v. Hughes Barnes, 2023 UT App 148, ¶ 16 , 542 P.3d 108 (cleaned up), cert. denied, 544 P.3d 459 (Utah 2024). ¶27 Hughes also contends that he received constitutionally ineffective assistance of counsel when Counsel introduced the full rec

2024“For a sufficiency of the evidence challenge, we will . . . reverse the fact finder’s verdict [only] when the evidence is sufficiently inconclusive or inherently improbable such that reasonable minds must have entertained a reasonable doubt that the defendant committed the crime for which he or she was convicted.” State v. 20220640-CA 10 2024 UT App 168 State v. Hughes Barnes, 2023 UT App 148, ¶ 16 , 542 P.3d 108 (cleaned up), cert. denied, 544 P.3d 459 (Utah 2024). ¶27 Hughes also contends that he received constitutionally ineffective assistance of counsel when Counsel introduced the full rec

22023–2024
State v. Blais green
utahctapp · 2020
2 sentences

2022And where, as here, a defendant is claiming plain error in relation to his sufficiency of the evidence challenge, the defendant must also show that “the insufficiency was so obvious and fundamental that the [trial] court erred in submitting the case to the jury.” State v. Blais, 2020 UT App 4, ¶ 10 , 458 P.3d 1143 (quotation simplified).

2022And where, as here, a defendant is claiming plain error in relation to his sufficiency of the evidence challenge, the defendant must also show that “the insufficiency was so obvious and fundamental that the [trial] court erred in submitting the case to the jury.” State v. Blais, 2020 UT App 4, ¶ 10 , 458 P.3d 1143 (quotation simplified).

22022–2022
State v. Carrera green
utahctapp · 2022
2 sentences

2022But importantly, “any touching, however slight, is sufficient to constitute the relevant element of the offense.” See id. § 76-5- 407(2)(b)(iii). ¶29 In assessing a sufficiency of the evidence challenge, even outside the plain error context, we will reverse only where “the evidence is sufficiently inconclusive or inherently improbable such that reasonable minds must have entertained a reasonable doubt that the defendant committed the crime for which he or she was convicted.” State v. Jok, 2021 UT 35, ¶ 17 , 493 P.3d 665 (quotation simplified).

2022But importantly, “any touching, however slight, is sufficient to constitute the relevant element of the offense.” See id. § 76-5- 407(2)(b)(iii). ¶29 In assessing a sufficiency of the evidence challenge, even outside the plain error context, we will reverse only where “the evidence is sufficiently inconclusive or inherently improbable such that reasonable minds must have entertained a reasonable doubt that the defendant committed the crime for which he or she was convicted.” State v. Jok, 2021 UT 35, ¶ 17 , 493 P.3d 665 (quotation simplified).

22022–2022
State v. Eldredge green
utah · 1989
2 sentences

2021Second, the rule safeguards against a defendant failing to make an objection with the strategy of ―enhanc[ing] the defendant's chances of acquittal and then, if that strategy fails, . . . claim[ing] on appeal that the Court should reverse.‖ Id. (alterations in original) (citation omitted). ¶22 In Holgate, we addressed the preservation requirements for a sufficiency of the evidence claim at a jury trial.

2000The preservation doctrine also prohibits parties from "foregoing those objections at trial as part of a 'strategy that counsel thinks will enhance the defendant's chances of acquittal and then, if that strategy fails, ... claim{[ingl on appeal that the Court should reverse.'" Id. (quoting State v. Bullock, 791 P.2d 155, 159 (Utah 1989)) (omission and alteration in original). 116 Neither of the above policy reasons supporting the preservation doctrine is present with a sufficiency-of-the-evidence claim. a.

22000–2021
State v. Warden green
utah · 1991
2 sentences

2014There was also testimony that the baby "would have had better than a 99 percent chance of survival" had the doctor acted "in accordance with the appropriate standard of care," id., and that the baby's parents would have taken it to the hospital had the doctor not advised them otherwise, id. at 1152-53 . ¶ 33 Warden, of course, involved a sufficiency of the evidence claim, not a request for a lesser-included-offense instruction, so Ruiz had a much lower evidentiary bar to clear than the defendant in that case.

2014There was also testimony that the baby "would have had better than a 99 percent chance of survival" had the doctor acted "in accordance with the appropriate standard of care," id., and that the baby's parents would have taken it to the hospital had the doctor not advised them otherwise, id. at 1152-53 . ¶ 33 Warden, of course, involved a sufficiency of the evidence claim, not a request for a lesser-included-offense instruction, so Ruiz had a much lower evidentiary bar to clear than the defendant in that case.

22014–2014
State v. Pierce green
utah · 2022
2 sentences

2026During that examination, Taylor described the time they felt the object that “could have been his thumb,” and when the nurse asked if the object “could . . . have been his penis,” Taylor answered affirmatively. ¶85 “On a sufficiency of the evidence claim we give substantial deference to the jury, and a sufficiency of the evidence inquiry ends if there is some evidence, including reasonable inferences, from which findings of all the requisite elements of the crime can reasonably be made.” State v. Pierce, 2022 UT 22, ¶ 32 , 511 P.3d 1164 (cleaned up).

2026During that examination, Taylor described the time they felt the object that “could have been his thumb,” and when the nurse asked if the object “could . . . have been his penis,” Taylor answered affirmatively. ¶85 “On a sufficiency of the evidence claim we give substantial deference to the jury, and a sufficiency of the evidence inquiry ends if there is some evidence, including reasonable inferences, from which findings of all the requisite elements of the crime can reasonably be made.” State v. Pierce, 2022 UT 22, ¶ 32 , 511 P.3d 1164 (cleaned up).

12026–2026
In re I.C. green
utahctapp · 2025
1 sentence

2025Mother’s callous response to Child’s suicide attempt demonstrated a failure to protect as found by the juvenile court, given the “potentially fatal consequences” of the response. 20240667-CA 5 2025 UT App 37 In re I.C. standard.” State v. Torres-Orellana, 2024 UT 46, ¶ 42 , 562 P.3d 706 (cleaned up).

12025–2025
State v. Torres-Orellana green
utah · 2024
2 sentences

2025Mother’s callous response to Child’s suicide attempt demonstrated a failure to protect as found by the juvenile court, given the “potentially fatal consequences” of the response. 20240667-CA 5 2025 UT App 37 In re I.C. standard.” State v. Torres-Orellana, 2024 UT 46, ¶ 42 , 562 P.3d 706 (cleaned up).

2025Mother’s callous response to Child’s suicide attempt demonstrated a failure to protect as found by the juvenile court, given the “potentially fatal consequences” of the response. 20240667-CA 5 2025 UT App 37 In re I.C. standard.” State v. Torres-Orellana, 2024 UT 46, ¶ 42 , 562 P.3d 706 (cleaned up).

12025–2025
State v. Craft green
utahctapp · 2017
2 sentences

2024“When a claim of ineffective assistance of counsel is raised for the first time on appeal, there is no lower court ruling to review and we must decide whether the defendant was deprived of the effective assistance of counsel as a matter of law.” State v. Craft, 2017 UT App 87, ¶ 15 , 397 P.3d 889 (cleaned up).

2024“When a claim of ineffective assistance of counsel is raised for the first time on appeal, there is no lower court ruling to review and we must decide whether the defendant was deprived of the effective assistance of counsel as a matter of law.” State v. Craft, 2017 UT App 87, ¶ 15 , 397 P.3d 889 (cleaned up).

12024–2024
State v. Rosecrans green
utahctapp · 2024
1 sentence

2024Therefore, this statement from Jok did not create an obvious requirement here for the trial court to make factual findings. 20210943-CA 15 2024 UT App 128

12024–2024
State v. Mayorga green
utahctapp · 2024
1 sentence

2024Had the Robbins part of the claim been raised in the trial court, we would have reviewed the court’s 20230464-CA 9 2024 UT App 182 State v. Mayorga ruling on that point deferentially.

12024–2024
State v. Guerro green
utahctapp · 2021
2 sentences

2023“When a claim of ineffective assistance of counsel is raised for the first time on appeal, there is no lower court ruling to review and we must decide whether the defendant was deprived of the effective assistance of counsel as a matter of law.” State v. Guerro, 2021 UT App 136, ¶ 25 , 502 P.3d 338 (quotation simplified), cert. denied, 525 P.3d 1254 (Utah 2022). ¶18 Finally, Barnes has filed a motion, pursuant to rule 23B of the Utah Rules of Appellate Procedure, asking this court to remand the case to the trial court for supplementation of the record regarding additional claims of ineffective

2023“When a claim of ineffective assistance of counsel is raised for the first time on appeal, there is no lower court ruling to review and we must decide whether the defendant was deprived of the effective assistance of counsel as a matter of law.” State v. Guerro, 2021 UT App 136, ¶ 25 , 502 P.3d 338 (quotation simplified), cert. denied, 525 P.3d 1254 (Utah 2022). ¶18 Finally, Barnes has filed a motion, pursuant to rule 23B of the Utah Rules of Appellate Procedure, asking this court to remand the case to the trial court for supplementation of the record regarding additional claims of ineffective

12023–2023
Layton City v. Carr green
utahctapp · 2014
2 sentences

2021On the other hand, when a sufficiency-of-the-evidence claim is not preserved but is raised under the ineffective assistance of counsel exception to preservation, it “presents a question of law, and to prevail on [such] ineffective assistance of counsel claims, [the defendant] must demonstrate that counsel’s failure to raise the sufficiency issues to the trial court’s attention was both objectively deficient and prejudicial.” State v. Heath, 2019 UT App 186, ¶ 25 , 453 P.3d 955 (cleaned up). ¶19 Darnstaedt further argues that his counsel was ineffective because he “(1) did not ensure that the j

2021On the other hand, when a sufficiency-of-the-evidence claim is not preserved but is raised under the ineffective assistance of counsel exception to preservation, it “presents a question of law, and to prevail on [such] ineffective assistance of counsel claims, [the defendant] must demonstrate that counsel’s failure to raise the sufficiency issues to the trial court’s attention was both objectively deficient and prejudicial.” State v. Heath, 2019 UT App 186, ¶ 25 , 453 P.3d 955 (cleaned up). ¶19 Darnstaedt further argues that his counsel was ineffective because he “(1) did not ensure that the j

12021–2021
State v. Heath green
utahctapp · 2019
2 sentences

2021On the other hand, when a sufficiency-of-the-evidence claim is not preserved but is raised under the ineffective assistance of counsel exception to preservation, it “presents a question of law, and to prevail on [such] ineffective assistance of counsel claims, [the defendant] must demonstrate that counsel’s failure to raise the sufficiency issues to the trial court’s attention was both objectively deficient and prejudicial.” State v. Heath, 2019 UT App 186, ¶ 25 , 453 P.3d 955 (cleaned up). ¶19 Darnstaedt further argues that his counsel was ineffective because he “(1) did not ensure that the j

2021On the other hand, when a sufficiency-of-the-evidence claim is not preserved but is raised under the ineffective assistance of counsel exception to preservation, it “presents a question of law, and to prevail on [such] ineffective assistance of counsel claims, [the defendant] must demonstrate that counsel’s failure to raise the sufficiency issues to the trial court’s attention was both objectively deficient and prejudicial.” State v. Heath, 2019 UT App 186, ¶ 25 , 453 P.3d 955 (cleaned up). ¶19 Darnstaedt further argues that his counsel was ineffective because he “(1) did not ensure that the j

12021–2021
Menzies v. Galetka green
utah · 2006
2 sentences

2021But we grant deference to the trial court on findings of fact and will ―overturn the district court‘s findings of fact only if they are clearly erroneous.‖4 Menzies v. Galetka, 2006 UT 81, ¶ 58 , 150 P.3d 480 . ¶17 Regarding a sufficiency of the evidence challenge, we will only reverse the fact finder‘s verdict when ―the evidence is sufficiently inconclusive or inherently improbable such that reasonable minds must have entertained a reasonable doubt that the defendant committed the crime for which he or she was convicted.‖ State v. Robbins, 2009 UT 23, ¶ 14 , 210 P.3d 288 (citation omitted).

2021But we grant deference to the trial court on findings of fact and will ―overturn the district court‘s findings of fact only if they are clearly erroneous.‖4 Menzies v. Galetka, 2006 UT 81, ¶ 58 , 150 P.3d 480 . ¶17 Regarding a sufficiency of the evidence challenge, we will only reverse the fact finder‘s verdict when ―the evidence is sufficiently inconclusive or inherently improbable such that reasonable minds must have entertained a reasonable doubt that the defendant committed the crime for which he or she was convicted.‖ State v. Robbins, 2009 UT 23, ¶ 14 , 210 P.3d 288 (citation omitted).

12021–2021
Salt Lake City v. Carrera green
utah · 2015
12020–2020
State v. Bagnes green
utah · 2014
12020–2020
State v. Hatfield green
utah · 2020
1 sentence

2020Hatfield received credit for time served for these three counts. 4 Cite as: 2020 UT 1 Opinion of the Court reverse only when it is apparent that there is not sufficient competent evidence as to each element of the crime charged.” State v. Bagnes, 2014 UT 4, ¶ 10 , 322 P.3d 719 (citation omitted) (internal quotation marks omitted).

12020–2020
State v. Jones green
utah · 2015
12020–2020
State v. MacNeill green
utahctapp · 2017
12019–2019
Blaisdell v. Dentrix Dental Systems, Inc. green
utah · 2012
12019–2019
State v. Noor green
utahctapp · 2012
12018–2018
State v. Larsen green
utahctapp · 2000
12017–2017
State v. Rimmasch green
utah · 1989
12016–2016
State v. Butt green
utah · 2012
12014–2014
State v. Winfield green
utah · 2006
12014–2014
State v. Boyd green
utah · 2001
12014–2014
Diversified Holdings, L.C. v. Turner green
utah · 2002
12014–2014
Allred Ex Rel. Jensen v. Allred green
utah · 2008
12012–2012
Swayne v. L.D.S. Social Services green
utah · 1990
12011–2011
United States v. Bagley green
scotus · 1985
12005–2005
Strickler v. Greene green
scotus · 1999
12005–2005
State v. Colwell green
utah · 2000
12000–2000
State v. Graves green
utah · 1986
11997–1997

Statutes the citing opinions construe

UT § Utah Code § 76-2-103 (9) UT § Utah Code § 76-5-202 (7) UT § Utah Code § 76-5-203 (5) UT § Utah Code § 76-8-306 (5) UT § Utah Code § 76-5-302 (4) UT § Utah Code § 76-5-403 (4) UT § Utah Code § 76-5b-201 (4) UT § Utah Code § 76-2-202 (3) UT § Utah Code § 76-5-206 (3)

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.

Where else courts name it

OH 1032 (1972–2026) LA 995 (1984–2026) PA 634 (1975–2026) TX 318 (1984–2026) IN 314 (1986–2025) WA 279 (1992–2026) CA 225 (1988–2026) CT 210 (1985–2026) NE 202 (1998–2025) TN 191 (1996–2026) IL 189 (1989–2026) IA 187 (1984–2026) MN 139 (1987–2026) NM 117 (1995–2025) MI 98 (1985–2026) MO 97 (1987–2025) VA 76 (1996–2026) WI 64 (1986–2026) CO 62 (1994–2026) UT 53 (1993–2026) WY 53 (1986–2026) FL 45 (1990–2025) KS 45 (1981–2026) AR 44 (2002–2026) ND 42 (1993–2026) NH 34 (1991–2025) MS 29 (1995–2024) GA 24 (1986–2024) NC 23 (1982–2026) ME 23 (1994–2025) NV 17 (1976–2022) OK 16 (1986–2013) MD 15 (1972–2026) AL 14 (1984–2025) DC 14 (1992–2025) WV 13 (1995–2024) MA 12 (1996–2024) NJ 12 (1996–2026) VT 10 (2013–2021) AZ 9 (2006–2026) GU 9 (2021–2024) MT 8 (1991–2024) ID 8 (2013–2021) HI 7 (2007–2023) DE 7 (2017–2025) VI 6 (2012–2017) OR 4 (2004–2025) SD 4 (2009–2022) KY 4 (2009–2025) SC 3 (2013–2020) AK 3 (2014–2021) RI 2 (2015–2015) NY 2 (2005–2025)

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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