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7 Utah opinions name it 2 courts 1988–2022 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 |
|---|---|---|
In re D.R.green1 sentence2022See generally 20210898-CA 8 2022 UT App 124 In re D.R. | 1 | 1 |
State v. Penagreen2 sentences2006Traditionally, this court has reviewed a lower court's factual findings for clear error, but has reviewed the application of the ineffective assistance standard to the facts for correctness-even when the claim is initially heard by the district court, see Wickham v. Galetka, 2002 UT 72, ¶¶ 7, 19 , 61 P.3d 978 (analyzing ineffective assistance of counsel issue as question of law even where trial court had already rejected the claim), or is remanded to the district court for an evidentiary hearing, see State v. Lovell, 1999 UT 40, ¶ 22 , 984 P.2d 382 ("Having remanded this case for an evidentiar 2006Traditionally, this court has reviewed a lower court's factual findings for clear error, but has reviewed the application of the ineffective assistance standard to the facts for correctness-even when the claim is initially heard by the district court, see Wickham v. Galetka, 2002 UT 72, ¶¶ 7, 19 , 61 P.3d 978 (analyzing ineffective assistance of counsel issue as question of law even where trial court had already rejected the claim), or is remanded to the district court for an evidentiary hearing, see State v. Lovell, 1999 UT 40, ¶ 22 , 984 P.2d 382 ("Having remanded this case for an evidentiar | 1 | 1 |
Wickham v. Galetkagreen2 sentences2006Traditionally, this court has reviewed a lower court's factual findings for clear error, but has reviewed the application of the ineffective assistance standard to the facts for correctness-even when the claim is initially heard by the district court, see Wickham v. Galetka, 2002 UT 72, ¶¶ 7, 19 , 61 P.3d 978 (analyzing ineffective assistance of counsel issue as question of law even where trial court had already rejected the claim), or is remanded to the district court for an evidentiary hearing, see State v. Lovell, 1999 UT 40, ¶ 22 , 984 P.2d 382 ("Having remanded this case for an evidentiar 2006Traditionally, this court has reviewed a lower court's factual findings for clear error, but has reviewed the application of the ineffective assistance standard to the facts for correctness-even when the claim is initially heard by the district court, see Wickham v. Galetka, 2002 UT 72, ¶¶ 7, 19 , 61 P.3d 978 (analyzing ineffective assistance of counsel issue as question of law even where trial court had already rejected the claim), or is remanded to the district court for an evidentiary hearing, see State v. Lovell, 1999 UT 40, ¶ 22 , 984 P.2d 382 ("Having remanded this case for an evidentiar | 1 | 1 |
State v. Taylorgreen1 sentence1999See State v. Taylor, 947 P.2d at 685 (Utah 1997) (deferring to trial court’s findings after 23B remand). ¶23 The trial court found that the record does not establish that Caine had an actual conflict nor that any conflict adversely affected Caine’s performance. | 1 | 1 |
State v. Crestanigreen1 sentence1995Where the trial court has heard and ruled on a claim of ineffective assistance of counsel, this court is “free to make an independent determination of a trial court’s conclusions.” State v. Templin, 805 P.2d 182, 186 (Utah 1990); accord State v. Crestani, 771 P.2d 1085, 1089 (Utah App.1989). | 1 | 1 |
State v. Templingreen1 sentence1995Where the trial court has heard and ruled on a claim of ineffective assistance of counsel, this court is “free to make an independent determination of a trial court’s conclusions.” State v. Templin, 805 P.2d 182, 186 (Utah 1990); accord State v. Crestani, 771 P.2d 1085, 1089 (Utah App.1989). | 1 | 1 |
Fitzgerald v. Corbettgreen2 sentences1994"Questions of whether a contract is ambiguous because of uncertain meaning of terms, missing terms, or facial deficiencies are questions of law that must be determined by the court before parol or extrinsic evidence may be admitted to clarify the contractual intent of the parties." Fitzgerald v. Corbett, 793 P.2d 356, 358 (Utah 1990) (footnotes omitted). 1994"Questions of whether a contract is ambiguous because of uncertain meaning of terms, missing terms, or facial deficiencies are questions of law that must be determined by the court before parol or extrinsic evidence may be admitted to clarify the contractual intent of the parties.” Fitzgerald v. Corbett, 793 P.2d 356, 358 (Utah 1990) (footnotes omitted). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Utah. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
In re P.D. (E.D. v. State)
green
1 sentence2013The court shall schedule the case for an evidentiary hearing and require that a motion for modification be filed with notice to all parties in accordance with Section 78A‐6‐1103. 20120227‐CA 3 2013 UT App 162 In re P.D. | 1 | 2013–2013 |
State v. Levin
green
2 sentences2006Traditionally, this court has reviewed a lower court's factual findings for clear error, but has reviewed the application of the ineffective assistance standard to the facts for correctness-even when the claim is initially heard by the district court, see Wickham v. Galetka, 2002 UT 72, ¶¶ 7, 19 , 61 P.3d 978 (analyzing ineffective assistance of counsel issue as question of law even where trial court had already rejected the claim), or is remanded to the district court for an evidentiary hearing, see State v. Lovell, 1999 UT 40, ¶ 22 , 984 P.2d 382 ("Having remanded this case for an evidentiar 2006Traditionally, this court has reviewed a lower court's factual findings for clear error, but has reviewed the application of the ineffective assistance standard to the facts for correctness-even when the claim is initially heard by the district court, see Wickham v. Galetka, 2002 UT 72, ¶¶ 7, 19 , 61 P.3d 978 (analyzing ineffective assistance of counsel issue as question of law even where trial court had already rejected the claim), or is remanded to the district court for an evidentiary hearing, see State v. Lovell, 1999 UT 40, ¶ 22 , 984 P.2d 382 ("Having remanded this case for an evidentiar | 1 | 2006–2006 |
State v. Lovell
green
2 sentences2006Traditionally, this court has reviewed a lower court's factual findings for clear error, but has reviewed the application of the ineffective assistance standard to the facts for correctness-even when the claim is initially heard by the district court, see Wickham v. Galetka, 2002 UT 72, ¶¶ 7, 19 , 61 P.3d 978 (analyzing ineffective assistance of counsel issue as question of law even where trial court had already rejected the claim), or is remanded to the district court for an evidentiary hearing, see State v. Lovell, 1999 UT 40, ¶ 22 , 984 P.2d 382 ("Having remanded this case for an evidentiar 2006Traditionally, this court has reviewed a lower court's factual findings for clear error, but has reviewed the application of the ineffective assistance standard to the facts for correctness-even when the claim is initially heard by the district court, see Wickham v. Galetka, 2002 UT 72, ¶¶ 7, 19 , 61 P.3d 978 (analyzing ineffective assistance of counsel issue as question of law even where trial court had already rejected the claim), or is remanded to the district court for an evidentiary hearing, see State v. Lovell, 1999 UT 40, ¶ 22 , 984 P.2d 382 ("Having remanded this case for an evidentiar | 1 | 2006–2006 |
State v. Garfield
green
1 sentence1988We held that if it had not been included, the defendant was "entitled to have his sentence set aside and to be resentenced with the benefit of his bargain." Id. at 130 . | 1 | 1988–1988 |
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.