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7 Utah opinions name it 1 courts 2020–2025 3 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. Garciagreen2 sentences2025In assessing whether a defendant has met this standard, we “consider the totality of the evidence before the judge or jury and then ask if the defendant has met the burden of showing that the [verdict] reached would reasonably likely have been different absent the errors.” State v. Garcia, 2017 UT 53, ¶ 28 , 424 P.3d 171 (quotation simplified). 2025In assessing whether a defendant has met this standard, we “consider the totality of the evidence before the judge or jury and then ask if the defendant has met the burden of showing that the [verdict] reached would reasonably likely have been different absent the errors.” State v. Garcia, 2017 UT 53, ¶ 28 , 424 P.3d 171 (quotation simplified). | 4 | 6 |
Seel v. Van Der Veurgreen1 sentence2021In assessing whether a defendant has met this standard, we therefore must “consider the totality of the evidence before the judge or jury and then ask if the defendant has met the burden of showing that the decision reached would reasonably likely have been different absent the errors.” State v. Gallegos, 2020 UT 19, ¶ 33 , 463 P.3d 641 (quotation simplified). ¶16 “Here, [Nelson] cannot show that, but for [Counsel’s] deficient performance, there is a reasonable probability that he would have been acquitted, because the overwhelming, undisputed evidence on the record supports the jury’s convict | 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. Nelson
green
1 sentence2021“And in determining whether [Nelson] has shown a reasonable probability that [redacting the audio recording] would have 20190495-CA 8 2021 UT App 26 State v. Nelson changed the jury’s guilty verdict, this piece of evidence must be considered alongside the totality of the evidence that was already before the jury.” See State v. Scott, 2020 UT 13, ¶ 46 , 462 P.3d 350 (quotation simplified). ¶17 The evidence that Nelson committed the robbery was overwhelming. | 1 | 2021–2021 |
State v. Beverly
green
2 sentences2021In assessing whether a defendant has met this standard, we therefore must “consider the totality of the evidence before the judge or jury and then ask if the defendant has met the burden of showing that the decision reached would reasonably likely have been different absent the errors.” State v. Gallegos, 2020 UT 19, ¶ 33 , 463 P.3d 641 (quotation simplified). ¶16 “Here, [Nelson] cannot show that, but for [Counsel’s] deficient performance, there is a reasonable probability that he would have been acquitted, because the overwhelming, undisputed evidence on the record supports the jury’s convict 2021In assessing whether a defendant has met this standard, we therefore must “consider the totality of the evidence before the judge or jury and then ask if the defendant has met the burden of showing that the decision reached would reasonably likely have been different absent the errors.” State v. Gallegos, 2020 UT 19, ¶ 33 , 463 P.3d 641 (quotation simplified). ¶16 “Here, [Nelson] cannot show that, but for [Counsel’s] deficient performance, there is a reasonable probability that he would have been acquitted, because the overwhelming, undisputed evidence on the record supports the jury’s convict | 1 | 2021–2021 |
State v. Scott
green
2 sentences2021“And in determining whether [Nelson] has shown a reasonable probability that [redacting the audio recording] would have 20190495-CA 8 2021 UT App 26 State v. Nelson changed the jury’s guilty verdict, this piece of evidence must be considered alongside the totality of the evidence that was already before the jury.” See State v. Scott, 2020 UT 13, ¶ 46 , 462 P.3d 350 (quotation simplified). ¶17 The evidence that Nelson committed the robbery was overwhelming. 2021“And in determining whether [Nelson] has shown a reasonable probability that [redacting the audio recording] would have 20190495-CA 8 2021 UT App 26 State v. Nelson changed the jury’s guilty verdict, this piece of evidence must be considered alongside the totality of the evidence that was already before the jury.” See State v. Scott, 2020 UT 13, ¶ 46 , 462 P.3d 350 (quotation simplified). ¶17 The evidence that Nelson committed the robbery was overwhelming. | 1 | 2021–2021 |
State v. Gallegos
green
2 sentences2021In assessing whether a defendant has met this standard, we therefore must “consider the totality of the evidence before the judge or jury and then ask if the defendant has met the burden of showing that the decision reached would reasonably likely have been different absent the errors.” State v. Gallegos, 2020 UT 19, ¶ 33 , 463 P.3d 641 (quotation simplified). ¶16 “Here, [Nelson] cannot show that, but for [Counsel’s] deficient performance, there is a reasonable probability that he would have been acquitted, because the overwhelming, undisputed evidence on the record supports the jury’s convict 2021In assessing whether a defendant has met this standard, we therefore must “consider the totality of the evidence before the judge or jury and then ask if the defendant has met the burden of showing that the decision reached would reasonably likely have been different absent the errors.” State v. Gallegos, 2020 UT 19, ¶ 33 , 463 P.3d 641 (quotation simplified). ¶16 “Here, [Nelson] cannot show that, but for [Counsel’s] deficient performance, there is a reasonable probability that he would have been acquitted, because the overwhelming, undisputed evidence on the record supports the jury’s convict | 1 | 2021–2021 |
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.