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7 Utah opinions name it 2 courts 2004–2024 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 |
|---|---|---|
Menzies v. Galetkagreen2 sentences2024See Menzies, 2006 UT 81, ¶ 58 . ¶55 Torres asks us to overturn this holding from Menzies. 2021See Sawyer, 2015 UT 33, ¶ 12 . ¶49 In Menzies v. Galetka, 2006 UT 81 , 150 P.3d 480 , our supreme court applied the Levin test to trial court decisions regarding ineffective assistance of counsel. | 2 | 2 |
Sawyer v. Department of Workforce Servicesgreen2 sentences2021See Sawyer, 2015 UT 33, ¶ 12 . ¶49 In Menzies v. Galetka, 2006 UT 81 , 150 P.3d 480 , our supreme court applied the Levin test to trial court decisions regarding ineffective assistance of counsel. 2019See, e.g., Sawyer v. Dep’t of Workforce Servs., 2015 UT 33 , ¶ 12, 345 P.3d 1253 (citing State v. Levin, 2006 UT 50, ¶ 25 , 144 P.3d 1096 ). | 2 | 2 |
State v. Levingreen2 sentences2024Id. ¶ 58 (quoting Levin, 2006 UT 50, ¶ 25 ); see also In re Adoption of Baby B., 2012 UT 35, ¶ 42 , 308 P.3d 382 (explaining that the Levin factors are a cost-benefit analysis for determining whether a mixed question is “fact-like” or “law-like”). ¶54 Applying those factors in Menzies, we concluded that a determination of ineffective assistance should be reviewed for correctness. 2021“This cost-benefit analysis is conducted through [a] three-factor” test, first articulated in State v. Levin, 2006 UT 50 , 144 P.3d 1096 . | 1 | 5 |
Keegan v. Stategreen2 sentences2013Similarly, UDOT’s decision not to increase the height of a concrete median barrier separating lanes of traffic was a policy decision because a cost-benefit analysis was “earned out by senior engineers and circulated throughout and debated within the department.” Keegan, 896 P.2d at 624 ; but see Johnson, 2006 UT 15, ¶¶ 32-35 , 133 P.3d 402 (distinguishing Kee-gan from the facts of that case); see also Duncan v. Union Pac. 2004Id. at 625 (quotations and citations omitted). 124 The discretionary function exception protects the government from liability for decisions that expose the government to suit regardless of the option selected by the decision-maker. | 1 | 2 |
Manzanares v. Byingtongreen2 sentences2024Id. ¶ 58 (quoting Levin, 2006 UT 50, ¶ 25 ); see also In re Adoption of Baby B., 2012 UT 35, ¶ 42 , 308 P.3d 382 (explaining that the Levin factors are a cost-benefit analysis for determining whether a mixed question is “fact-like” or “law-like”). ¶54 Applying those factors in Menzies, we concluded that a determination of ineffective assistance should be reviewed for correctness. 2024Id. ¶ 58 (quoting Levin, 2006 UT 50, ¶ 25 ); see also In re Adoption of Baby B., 2012 UT 35, ¶ 42 , 308 P.3d 382 (explaining that the Levin factors are a cost-benefit analysis for determining whether a mixed question is “fact-like” or “law-like”). ¶54 Applying those factors in Menzies, we concluded that a determination of ineffective assistance should be reviewed for correctness. | 1 | 1 |
Duncan v. Union Pacific Railroadgreen1 sentence2013R.R., 842 P.2d 832, 835 (Utah 1992) (decisions concerning a plan for placement of railroad warning signs were policy determinations); Rocky Mountain Thrift Stores, Inc. v. Salt Lake City Corp., 784 P.2d 459, 463 (Utah 1989) (design of a flood control system was a policy decision). ¶ 24 In this case, Mr. Kerr alleged that Salt Lake City negligently failed to remedy a sidewalk displacement that caused him to trip and injure himself. | 1 | 1 |
Rocky Mountain Thrift Stores, Inc. v. Salt Lake City Corp.green1 sentence2013R.R., 842 P.2d 832, 835 (Utah 1992) (decisions concerning a plan for placement of railroad warning signs were policy determinations); Rocky Mountain Thrift Stores, Inc. v. Salt Lake City Corp., 784 P.2d 459, 463 (Utah 1989) (design of a flood control system was a policy decision). ¶ 24 In this case, Mr. Kerr alleged that Salt Lake City negligently failed to remedy a sidewalk displacement that caused him to trip and injure himself. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
Johnson v. Utah Department of Transportationgreen2 sentences2013Similarly, UDOT’s decision not to increase the height of a concrete median barrier separating lanes of traffic was a policy decision because a cost-benefit analysis was “earned out by senior engineers and circulated throughout and debated within the department.” Keegan, 896 P.2d at 624 ; but see Johnson, 2006 UT 15, ¶¶ 32-35 , 133 P.3d 402 (distinguishing Kee-gan from the facts of that case); see also Duncan v. Union Pac. 2013Similarly, UDOT’s decision not to increase the height of a concrete median barrier separating lanes of traffic was a policy decision because a cost-benefit analysis was “earned out by senior engineers and circulated throughout and debated within the department.” Keegan, 896 P.2d at 624 ; but see Johnson, 2006 UT 15, ¶¶ 32-35 , 133 P.3d 402 (distinguishing Kee-gan from the facts of that case); see also Duncan v. Union Pac. | 1 | 1 |
| Case | Cited | Years |
|---|---|---|
State v. Torres-Orellana
green
1 sentence2024Id. ¶ 58 (quoting Levin, 2006 UT 50, ¶ 25 ); see also In re Adoption of Baby B., 2012 UT 35, ¶ 42 , 308 P.3d 382 (explaining that the Levin factors are a cost-benefit analysis for determining whether a mixed question is “fact-like” or “law-like”). ¶54 Applying those factors in Menzies, we concluded that a determination of ineffective assistance should be reviewed for correctness. | 1 | 2024–2024 |
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.