7 Utah opinions name it 2 courts 1934–2026 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 |
|---|---|---|
Stanton v. Frankel Bros. Realty Co.green1 sentence2026Realty Co., 158 N.E. 868, 870 (Ohio 1927) (“It is a well-settled rule that courts will not permit a statute to be defeated on account of a mistake or error, where the intention of the Legislature can be collected from the whole statute, or where one word has been erroneously used for another, and where the context affords means of correction. | 1 | 1 |
Shiozawa v. Dukegreen2 sentences2018See Shiozawa v. Duke , 2015 UT App 40 , ¶ 14, 344 P.3d 1174 . 2018See Shiozawa v. Duke , 2015 UT App 40 , ¶ 14, 344 P.3d 1174 . | 1 | 1 |
State v. Tennysongreen1 sentence2013Consequently, a reviewing court "will not second-guess trial counsel's legitimate strategic choices, however flawed those choices might appear in retrospect." State v. Tennyson, 850 P.2d 461, 465 (Utah Ct.App.1998) (citing Strickland, 466 U.S. at 689 , 104 S.Ct. 2052 ). 121 The district court's findings on this subject, which Wright does not challenge, demonstrate that there were legitimate bases for counsel's decision to rely on a mistake defense at trial The court explained that although at least one available witness had information with which counsel could have formulated a fabrication def | 1 | 1 |
State v. Templingreen2 sentences2013With respect to his claim that counsel failed to conduct an adequate investigation of the mistake defense, Wright asserts that counsel did not research the defense sufficiently to be able to effectively explain to the jury why Daughter was mistaken. {16 The Utah Supreme Court has stated that "counsel can make a reasonable decision to call or not to call particular witnesses for tactical reasons" in presenting a defense "only after an adequate inquiry" into "the underlying facts of a case, including the availability of prospective defense witnesses." State v. Templin, 805 P.2d 182, 188 (Utah 19 2013With respect to his claim that counsel failed to conduct an adequate investigation of the mistake defense, Wright asserts that counsel did not research the defense sufficiently to be able to effectively explain to the jury why Daughter was mistaken. {16 The Utah Supreme Court has stated that "counsel can make a reasonable decision to call or not to call particular witnesses for tactical reasons" in presenting a defense "only after an adequate inquiry" into "the underlying facts of a case, including the availability of prospective defense witnesses." State v. Templin, 805 P.2d 182, 188 (Utah 19 | 1 | 1 |
State v. Litherlandgreen2 sentences2013See State v. Litherland, 2000 UT 76, ¶ 19 , 12 P.3d 92 (explaining that in order for a defendant to show that counsel performed inadequately, a defendant must "rebut the strong presumption that under the cireumstances, the challenged action might be considered sound trial strategy" (citation and internal quotation marks omitted)). {29 The district court, however, did criticize one decision that trial counsel made regarding the seope of Wright's sister's testimony. 2013See State v. Litherland, 2000 UT 76, ¶ 19 , 12 P.3d 92 (explaining that in order for a defendant to show that counsel performed inadequately, a defendant must "rebut the strong presumption that under the cireumstances, the challenged action might be considered sound trial strategy" (citation and internal quotation marks omitted)). {29 The district court, however, did criticize one decision that trial counsel made regarding the seope of Wright's sister's testimony. | 1 | 1 |
Sorenson v. Adamsgreen2 sentences1995If he does not know the correct information, he must find out or refrain from making representations to unsuspecting strangers. ‘Even honesty in making a mistake is no defense as it is incumbent upon the vendor to know the facts.’ ” Id. at 1246 (quoting Sorenson v. Adams, 98 Idaho 708 , 571 P.2d 769, 775-76 (1977) (citations omitted)). 1995If he does not know the correct information, he must find out or refrain from making representations to unsuspecting strangers. ‘Even honesty in making a mistake is no defense as it is incumbent upon the vendor to know the facts.’ ” Id. at 1246 (quoting Sorenson v. Adams, 98 Idaho 708 , 571 P.2d 769, 775-76 (1977) (citations 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 |
|---|---|---|
Strickland v. Washington
green
2 sentences2013Wright has therefore failed to demonstrate that counsel's investigation fell outside the "wide range of reasonable professional assistance." See Strickland v. Washington, 466 U.S. 668, 689 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984). 1117 Wright also claims that counsel's investigation of the mistake defense was incomplete because he relied on Daughter's exposure to "adult content" in age-inappropriate television programs and books without researching their contents. 2013Wright has therefore failed to demonstrate that counsel's investigation fell outside the "wide range of reasonable professional assistance." See Strickland v. Washington, 466 U.S. 668, 689 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984). 1117 Wright also claims that counsel's investigation of the mistake defense was incomplete because he relied on Daughter's exposure to "adult content" in age-inappropriate television programs and books without researching their contents. | 2 | 2013–2026 |
State v. Elton
green
1 sentence2026The State did not introduce any testimony about 20230151-CA 4 2026 UT App 7 State v. Elton the details of the prior convictions during its case. | 1 | 2026–2026 |
State v. King
green
2 sentences2013Even if Wright's proposed approach to his defense might actually have amounted to a better strategy than the one his counsel chose, we will not conclude that trial counsel was ineffective unless "there is a lack of any conceivable tactical basis for counsel's actions," State v. King, 2012 UT App 203, ¶ 14 , 283 P.3d 980 (citation and internal quotation marks omitted). 2013Even if Wright's proposed approach to his defense might actually have amounted to a better strategy than the one his counsel chose, we will not conclude that trial counsel was ineffective unless "there is a lack of any conceivable tactical basis for counsel's actions," State v. King, 2012 UT App 203, ¶ 14 , 283 P.3d 980 (citation and internal quotation marks omitted). | 1 | 2013–2013 |
United States v. Winona & St. Peter Railroad
green
2 sentences2009Id. at 475-76 , 17 S.Ct. 368 (emphasis added). 2009Id. at 475-76 , 17 S.Ct. 368 (emphasis added). | 1 | 2009–2009 |
Dugan v. Jones
green
1 sentence1995If he does not know the correct information, he must find out or refrain from making representations to unsuspecting strangers. ‘Even honesty in making a mistake is no defense as it is incumbent upon the vendor to know the facts.’ ” Id. at 1246 (quoting Sorenson v. Adams, 98 Idaho 708 , 571 P.2d 769, 775-76 (1977) (citations omitted)). | 1 | 1995–1995 |
Galbraith v. Parker
neutral
2 sentences1934Galbraith v. Parker, 17 Ariz. 369 , 153 P. 283 . 1934Galbraith v. Parker, 17 Ariz. 369 , 153 P. 283 . | 1 | 1934–1934 |
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.