need hearing (Utah) · Go Syfert
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need hearing in Utah

7 Utah opinions name it 2 courts 1995–2022 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.

Followed or applied (4)

CaseFollowedCited
Michael Kelley v. Stephen Kaiser and Attorney Generalgreen
ca10 · 1993 · cited in 2 Utah opinions naming this issue, 1995–2011
2 sentences

2011"Having created the juvenile court system, under Kent, it is the State's decision to seek to treat a juvenile as an adult that, in and of itself triggers the need for a hearing." Id. at 1515 (emphasis added) (citing Kent v. United States, 383 U.S. 541 [ 86 S.Ct. 1045 , 16 L.Ed.2d 84 (1966) J).

1995"Having created the juvenile court system, under Kent, it is the State's decision to seek to treat a juvenile as an adult that, in and of itself triggers the need for a hearing. " Id. at 1515 (emphasis added) (citing Kent, 383 U.S. 541 , 86 S.Ct. 1045 ); see also Lamb v. Brown, 456 F.2d 18, 20 (10th Cir.1972).

22
Michigan Department of State Police v. Sitzgreen
scotus · 1990 · cited in 1 Utah opinions naming this issue, 2000–2000
2 sentences

2000See Michigan v. Long, 463 U.S. 1032 , 103 S.Ct. 3469 , 77 L.Ed.2d 1201 (1983). [8] As noted in Sitz , "[d]runk drivers cause an annual death toll of over 25,000 and in the same time span cause nearly one million personal injuries and more than five billion dollars in property damage." Sitz, 496 U.S. at 451 , 110 S.Ct. 2481 (citation omitted). [9] The State argues that the legislature's action in passing section 77-23-104 demonstrates the need for this inquiry.

2000See Michigan v. Long, 463 U.S. 1032 , 103 S.Ct. 3469 , 77 L.Ed.2d 1201 (1983). [8] As noted in Sitz , "[d]runk drivers cause an annual death toll of over 25,000 and in the same time span cause nearly one million personal injuries and more than five billion dollars in property damage." Sitz, 496 U.S. at 451 , 110 S.Ct. 2481 (citation omitted). [9] The State argues that the legislature's action in passing section 77-23-104 demonstrates the need for this inquiry.

11
Michigan v. Longgreen
scotus · 1983 · cited in 1 Utah opinions naming this issue, 2000–2000
2 sentences

2000See Michigan v. Long, 463 U.S. 1032 , 103 S.Ct. 3469 , 77 L.Ed.2d 1201 (1983). [8] As noted in Sitz , "[d]runk drivers cause an annual death toll of over 25,000 and in the same time span cause nearly one million personal injuries and more than five billion dollars in property damage." Sitz, 496 U.S. at 451 , 110 S.Ct. 2481 (citation omitted). [9] The State argues that the legislature's action in passing section 77-23-104 demonstrates the need for this inquiry.

2000See Michigan v. Long, 463 U.S. 1032 , 103 S.Ct. 3469 , 77 L.Ed.2d 1201 (1983). [8] As noted in Sitz , "[d]runk drivers cause an annual death toll of over 25,000 and in the same time span cause nearly one million personal injuries and more than five billion dollars in property damage." Sitz, 496 U.S. at 451 , 110 S.Ct. 2481 (citation omitted). [9] The State argues that the legislature's action in passing section 77-23-104 demonstrates the need for this inquiry.

11
Danny Ray Lamb v. Lozier Browngreen
ca10 · 1972 · cited in 1 Utah opinions naming this issue, 1995–1995
2 sentences

1995"Having created the juvenile court system, under Kent, it is the State's decision to seek to treat a juvenile as an adult that, in and of itself triggers the need for a hearing. " Id. at 1515 (emphasis added) (citing Kent, 383 U.S. 541 , 86 S.Ct. 1045 ); see also Lamb v. Brown, 456 F.2d 18, 20 (10th Cir.1972).

1995"Having created the juvenile court system, under Kent , it is the State’s decision to seek to treat a juvenile as an adult that, in and of itself triggers the need for a hearing." Id. at 1515 (emphasis added) (citing Kent, 383 U.S. 541 , 86 S.Ct. 1045 ); see also Lamb v. Brown, 456 F.2d 18, 20 (10th Cir. 1972).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Utah. Read the followed side critically anyway.

Also cited on this issue (6)

CaseCitedYears
Kent v. United States green
scotus · 1966
2 sentences

2011"Having created the juvenile court system, under Kent, it is the State's decision to seek to treat a juvenile as an adult that, in and of itself triggers the need for a hearing." Id. at 1515 (emphasis added) (citing Kent v. United States, 383 U.S. 541 [ 86 S.Ct. 1045 , 16 L.Ed.2d 84 (1966) J).

2011"Having created the juvenile court system, under Kent, it is the State's decision to seek to treat a juvenile as an adult that, in and of itself triggers the need for a hearing." Id. at 1515 (emphasis added) (citing Kent v. United States, 383 U.S. 541 [ 86 S.Ct. 1045 , 16 L.Ed.2d 84 (1966) J).

21995–2011
State v. Alires green
utahctapp · 2019
1 sentence

2022Id. ¶¶ 17–25.

12022–2022
State v. Long green
utah · 1986
1 sentence

2021Id. at 490 .

12021–2021
State v. Stewart green
utahctapp · 2011
2 sentences

2012A trial court’s determination that there was not a proper foundation for the admission of evidence will not be overturned “unless there is a showing of an abuse of discretion.” Id. ¶ 13 (internal quotation marks omitted). ¶16 In the alternative, the State argues that the trial court erred in applying Vialpando’s fifteen‐minute observation requirement to Intoxilyzer test results because technological changes obviate the need for the requirement. “[W]e consider the trial court’s interpretation of binding case law as presenting a question of law and review the trial court’s interpretation of that

2012A trial court’s determination that there was not a proper foundation for the admission of evidence will not be overturned “unless there is a showing of an abuse of discretion.” Id. ¶ 13 (internal quotation marks omitted). ¶16 In the alternative, the State argues that the trial court erred in applying Vialpando’s fifteen‐minute observation requirement to Intoxilyzer test results because technological changes obviate the need for the requirement. “[W]e consider the trial court’s interpretation of binding case law as presenting a question of law and review the trial court’s interpretation of that

12012–2012
Jacobsen v. Jacobsen green
utah · 2011
2 sentences

2012A trial court's determination that there was not a proper foundation for the admission of evidence will not be overturned "unless there is a showing of an abuse of discretion." Id. 118 (internal quotation marks omitted). 116 In the alternative, the State argues that the trial court erred in applying Vialpando's fifteen-minute observation requirement to Intoxilyzer test results because technological changes obviate the need for the requirement. "[Wle consider the trial court's interpretation of binding case law as presenting a question of law and review the trial court's interpretation of that

2012A trial court’s determination that there was not a proper foundation for the admission of evidence will not be overturned “unless there is a showing of an abuse of discretion.” Id. ¶ 13 (internal quotation marks omitted). ¶16 In the alternative, the State argues that the trial court erred in applying Vialpando’s fifteen‐minute observation requirement to Intoxilyzer test results because technological changes obviate the need for the requirement. “[W]e consider the trial court’s interpretation of binding case law as presenting a question of law and review the trial court’s interpretation of that

12012–2012
Simmons v. United States green
scotus · 1968
2 sentences

2007Simmons v. United States, 390 U.S. 377 , 88 S.Ct. 967 , 19 L.Ed.2d 1247 (1968), held that a defendant's testimony in support of a challenge to evidence as the fruit of an unlawful search and *1263 seizure cannot later be admitted against him at trial upon the question of his guilt or innocence.

2007Simmons v. United States, 390 U.S. 377 , 88 S.Ct. 967 , 19 L.Ed.2d 1247 (1968), held that a defendant's testimony in support of a challenge to evidence as the fruit of an unlawful search and *1263 seizure cannot later be admitted against him at trial upon the question of his guilt or innocence.

12007–2007

Where else courts name it

NY 128 (1919–2026) CA 103 (1953–2025) TX 87 (1978–2025) IL 67 (1955–2025) OH 50 (1988–2026) LA 49 (1956–2023) NJ 49 (1960–2026) FL 45 (1973–2019) PA 43 (1951–2024) CT 35 (1973–2024) MI 30 (1970–2025) DC 29 (1978–2024) MA 29 (1895–2025) IN 24 (1976–2020) OR 23 (1985–2025) WA 22 (1944–2025) MO 21 (1982–2024) CO 21 (1984–2025) MD 19 (1988–2024) IA 19 (1960–2025) WI 18 (1975–2023) TN 16 (1978–2024) NM 15 (1980–2023) NC 14 (1982–2025) DE 13 (1990–2025) AZ 13 (1968–2024) KS 12 (1980–2025) ID 11 (1972–2021) MS 9 (1980–2017) WV 9 (1975–2017) VA 9 (1967–2013) AK 9 (1982–2025) NH 9 (1979–2018) AL 9 (1994–2016) GA 9 (1925–2025) RI 8 (1979–2010) SC 8 (2007–2011) ME 8 (1978–2025) MN 7 (1966–2024) UT 7 (1995–2022) KY 7 (1985–2025) HI 6 (2000–2020) WY 6 (1966–2006) VT 5 (1991–2018) OK 5 (1988–2023) NE 4 (1998–2022) NV 4 (2016–2017) MT 4 (1989–2015) AR 4 (1982–2020) SD 2 (2005–2025) ND 2 (1979–1983)

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.

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