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7 Utah opinions name it 1 courts 2009–2026 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 |
|---|---|---|
State v. Bellgreen2 sentences2026See State v. Bell, 2016 UT App 157 , 20240108-CA 8 2026 UT App 73 State v. Meguerditchian ¶ 30, 380 P.3d 11 (“It is not enough to merely present evidence showing that the defendant was intoxicated. 2026See State v. Bell, 2016 UT App 157 , 20240108-CA 8 2026 UT App 73 State v. Meguerditchian ¶ 30, 380 P.3d 11 (“It is not enough to merely present evidence showing that the defendant was intoxicated. | 1 | 1 |
cluster 10856413green2 sentences2026See State v. Bell, 2016 UT App 157 , 20240108-CA 8 2026 UT App 73 State v. Meguerditchian ¶ 30, 380 P.3d 11 (“It is not enough to merely present evidence showing that the defendant was intoxicated. 2026As to the kidnapping of Jane, he claims the mistake-of-fact instruction was important because it would have negated his intent to aid in her kidnapping if the jury believed that he was mistaken about the reason she was being kept under the supervision of Wife. ¶47 Second, Meguerditchian asserts that the court erred in declining to give the jury his proposed instruction on voluntary intoxication, which provided that “[i]ntoxication, due to the consumption of alcohol or drugs is a defense if there is reasonable doubt that the defendant acted intentionally or knowingly because he was intoxicated. | 1 | 1 |
Wohnoutka v. Kelleygreen2 sentences2015See Wohnoutka v. Kelley, 2014 UT App 154, ¶ 3 , 330 P.3d 762 (explaining our requirement that issues be preserved for appeal). €21 An issue is preserved for appeal when it has been presented to the trial court in such a way that the trial court had the opportunity to rule on it. 2015See Wohnoutka v. Kelley, 2014 UT App 154, ¶ 3 , 330 P.3d 762 (explaining our requirement that issues be preserved for appeal). €21 An issue is preserved for appeal when it has been presented to the trial court in such a way that the trial court had the opportunity to rule on it. | 1 | 1 |
State v. Berrielgreen2 sentences2015See State v. Berriel, 2013 UT 19, ¶¶8-9 , 299 P.3d 1133 ; State v. Lucero, 866 P.2d 1, 3 . 2015See State v. Berriel, 2013 UT 19, ¶¶8-9 , 299 P.3d 1133 ; State v. Lucero, 866 P.2d 1, 3 . | 1 | 1 |
State v. Marchetgreen2 sentences2014"Whether the trial court's refusal to give a proposed jury instruction constitutes error is a question of law, which we review for correctness." State v. Marchet, 2012 UT App 197, ¶ 10 , 284 P.3d 668 (citation and internal quotation marks omitted). 2014"Whether the trial court's refusal to give a proposed jury instruction constitutes error is a question of law, which we review for correctness." State v. Marchet, 2012 UT App 197, ¶ 10 , 284 P.3d 668 (citation and internal quotation marks omitted). | 1 | 1 |
State v. Houstongreen2 sentences2012See State v. Houston, 2000 UT App 242, ¶ 6 , 9 P.3d 188 (noting that the defendant was acquitted of rape (and other charges) and his primary defense at trial was that "he had 'a reasonable and good faith belief that [the complainant] voluntarily consented to engage in sexual intercourse," " but not analyzing that issue). 2012See State v. Houston, 2000 UT App 242, ¶ 6 , 9 P.3d 188 (noting that the defendant was acquitted of rape (and other charges) and his primary defense at trial was that "he had 'a reasonable and good faith belief that [the complainant] voluntarily consented to engage in sexual intercourse," " but not analyzing that issue). | 1 | 1 |
State v. Marchetgreen1 sentence2012Accordingly, the instructions properly informed the jury as to the elements and mental state of the crime and allowed the jury to consider Mar-chet's theory of the case. 6 Cf. id. 127 ("Assuming that the jurors resolved the contest of credibility in favor of Marchet, there would be no need for a mistake of fact instruction and the use of one may have weakened his defense. | 1 | 1 |
State v. Parkergreen2 sentences2009See State v. Pecht, 2002 UT 41, ¶ 41 , 48 P.3d 931 ("A defendant cannot prevail on a claim of ineffective assistance of counsel where 'the challenged act ofr] omission might be considered sound trial strategy."" (quoting State v. Parker, 2000 UT 51, ¶ 10 , 4 P.3d 778 ). 2009See State v. Pecht, 2002 UT 41, ¶ 41 , 48 P.3d 931 ("A defendant cannot prevail on a claim of ineffective assistance of counsel where 'the challenged act ofr] omission might be considered sound trial strategy."" (quoting State v. Parker, 2000 UT 51, ¶ 10 , 4 P.3d 778 ). | 1 | 1 |
State v. Pechtgreen2 sentences2009See State v. Pecht, 2002 UT 41, ¶ 41 , 48 P.3d 931 ("A defendant cannot prevail on a claim of ineffective assistance of counsel where 'the challenged act ofr] omission might be considered sound trial strategy."" (quoting State v. Parker, 2000 UT 51, ¶ 10 , 4 P.3d 778 ). 2009See State v. Pecht, 2002 UT 41, ¶ 41 , 48 P.3d 931 ("A defendant cannot prevail on a claim of ineffective assistance of counsel where 'the challenged act ofr] omission might be considered sound trial strategy."" (quoting State v. Parker, 2000 UT 51, ¶ 10 , 4 P.3d 778 ). | 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. Seach
green
2 sentences2026We are not persuaded. ¶49 We review jury instructions “in their entirety to determine whether the instructions, taken as a whole, fairly instructed the jury about the applicable law.” State v. Seach, 2021 UT App 22, ¶ 17 , 483 P.3d 1265 (cleaned up). 2026We are not persuaded. ¶49 We review jury instructions “in their entirety to determine whether the instructions, taken as a whole, fairly instructed the jury about the applicable law.” State v. Seach, 2021 UT App 22, ¶ 17 , 483 P.3d 1265 (cleaned up). | 1 | 2026–2026 |
State v. Youren
green
1 sentence2026Thus, unlike the mistake of fact defense discussed above, it’s not obviously clear to us that this defense necessarily negates the elements of the charged offense. 20220571-CA 36 2026 UT App 11 State v. Youren a purpose to deprive him” (or, it seems, his estate) thereof. | 1 | 2026–2026 |
State v. Nunez-Vazquez
green
2 sentences2020The trial court refused to give those instructions and provided the jury with the court’s own instructions that were “a little easier . . . to understand,” while including, in the view of the trial court, “everything [trial counsel was] asking for.” 20160794-CA 8 2020 UT App 98 State v. Nunez-Vasquez ¶19 The jury convicted Defendant of forcible sodomy, and the court sentenced him to five years to life in prison. 2020We agree with the trial court’s assessment that counsel “could have reasonably decided that Victim’s trial testimony did not open the door” to the admission of evidence concerning Victim’s sexuality because his answer, “I definitely would have never done that,” “could reasonably be understood to refer to Victim’s not flirting with [Defendant] particularly . . . not men generally.” Given the trial court’s assessment, it is unlikely that the court would have allowed the rule 412 evidence because the “door” to consider Victim’s sexual behavior insofar as it concerned consent was not opened by Vic | 1 | 2020–2020 |
State v. Lucero
green
1 sentence2015See State v. Berriel, 2013 UT 19, ¶¶8-9 , 299 P.3d 1133 ; State v. Lucero, 866 P.2d 1, 3 . | 1 | 2015–2015 |
State v. Mahi
green
2 sentences2014"A defendant has the burden of persuading this court that the conduct complained of prejudiced the outcome of the trial." State v. Mahi, 2005 UT App 494, ¶ 10 , 125 P.3d 103 (citation and internal quotation marks omitted). %23 Third, Defendant argues that the trial court erred by refusing to submit a mistake-of-fact instruction to the jury on the accomplice liability rape charge. 2014"A defendant has the burden of persuading this court that the conduct complained of prejudiced the outcome of the trial." State v. Mahi, 2005 UT App 494, ¶ 10 , 125 P.3d 103 (citation and internal quotation marks omitted). %23 Third, Defendant argues that the trial court erred by refusing to submit a mistake-of-fact instruction to the jury on the accomplice liability rape charge. | 1 | 2014–2014 |
Normandeau v. HANSON EQUIPMENT, INC.
green
2 sentences2012In contrast, if the jury believed [the complainant's] version of the facts, there is nothing in [the mistake of fact statute] that would allow Marchet to ignore the fact that [the complainant] put her clothes back on while he was out of the room and unambiguously indicated that she did not want to have sex with him."); Normandeau, 2007 UT App 382 , ¶ 16, 174 P.3d 1 . 2012In contrast, if the jury believed [the complainant's] version of the facts, there is nothing in [the mistake of fact statute] that would allow Marchet to ignore the fact that [the complainant] put her clothes back on while he was out of the room and unambiguously indicated that she did not want to have sex with him."); Normandeau, 2007 UT App 382 , ¶ 16, 174 P.3d 1 . | 1 | 2012–2012 |
Strickland v. Washington
green
2 sentences2009To prevail on an ineffective assistance claim, Marchet bears the burden of establishing each of the components of the two-part test announced in Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984). 2009To prevail on an ineffective assistance claim, Marchet bears the burden of establishing each of the components of the two-part test announced in Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984). | 1 | 2009–2009 |
State v. Nelson-Waggoner
green
2 sentences2009"Where, as here, a claim of ineffective assistance of counsel is raised for the first time on appeal without a prior evidentiary hearing, it presents a question of law." State v. Chavez-Espinoza, 2008 UT App 191, ¶ 8 , 186 P.3d 1023 (internal quotation marks omitted), cert. demied, 199 P.3d 367 (Utah 2008). 119 Marchet further argues that the trial court erred by admitting the testimony of M.P. and J.C. "[We review a trial court's decision to admit evidence under rule 404(b) of the Utah Rules of Evidence under an abuse of discretion standard." State v. Nelson-Waggoner, 2000 UT 59, ¶ 16 , 6 P.3 2009"Where, as here, a claim of ineffective assistance of counsel is raised for the first time on appeal without a prior evidentiary hearing, it presents a question of law." State v. Chavez-Espinoza, 2008 UT App 191, ¶ 8 , 186 P.3d 1023 (internal quotation marks omitted), cert. demied, 199 P.3d 367 (Utah 2008). 119 Marchet further argues that the trial court erred by admitting the testimony of M.P. and J.C. "[We review a trial court's decision to admit evidence under rule 404(b) of the Utah Rules of Evidence under an abuse of discretion standard." State v. Nelson-Waggoner, 2000 UT 59, ¶ 16 , 6 P.3 | 1 | 2009–2009 |
14th ST. GYM v. Salt Lake City
green
1 sentence2009"Where, as here, a claim of ineffective assistance of counsel is raised for the first time on appeal without a prior evidentiary hearing, it presents a question of law." State v. Chavez-Espinoza, 2008 UT App 191, ¶ 8 , 186 P.3d 1023 (internal quotation marks omitted), cert. demied, 199 P.3d 367 (Utah 2008). 119 Marchet further argues that the trial court erred by admitting the testimony of M.P. and J.C. "[We review a trial court's decision to admit evidence under rule 404(b) of the Utah Rules of Evidence under an abuse of discretion standard." State v. Nelson-Waggoner, 2000 UT 59, ¶ 16 , 6 P.3 | 1 | 2009–2009 |
State v. Chavez-Espinoza
green
2 sentences2009"Where, as here, a claim of ineffective assistance of counsel is raised for the first time on appeal without a prior evidentiary hearing, it presents a question of law." State v. Chavez-Espinoza, 2008 UT App 191, ¶ 8 , 186 P.3d 1023 (internal quotation marks omitted), cert. demied, 199 P.3d 367 (Utah 2008). 119 Marchet further argues that the trial court erred by admitting the testimony of M.P. and J.C. "[We review a trial court's decision to admit evidence under rule 404(b) of the Utah Rules of Evidence under an abuse of discretion standard." State v. Nelson-Waggoner, 2000 UT 59, ¶ 16 , 6 P.3 2009"Where, as here, a claim of ineffective assistance of counsel is raised for the first time on appeal without a prior evidentiary hearing, it presents a question of law." State v. Chavez-Espinoza, 2008 UT App 191, ¶ 8 , 186 P.3d 1023 (internal quotation marks omitted), cert. demied, 199 P.3d 367 (Utah 2008). 119 Marchet further argues that the trial court erred by admitting the testimony of M.P. and J.C. "[We review a trial court's decision to admit evidence under rule 404(b) of the Utah Rules of Evidence under an abuse of discretion standard." State v. Nelson-Waggoner, 2000 UT 59, ¶ 16 , 6 P.3 | 1 | 2009–2009 |
State v. S.H.
green
1 sentence2009"Whether a jury instruction correctly states the law presents a question of law which we review for correctness." State v. Houskeeper, 2002 UT 118, ¶ 11 , 62 P.8d 444. 118 Marchet also claims that his trial counsel rendered ineffective assistance by failing to request a mistake of fact instruction. | 1 | 2009–2009 |
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.
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.