presence requirement (Utah) · Go Syfert
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presence requirement in Utah

7 Utah opinions name it 2 courts 1985–2024 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.

Followed or applied (5)

CaseFollowedCited
State v. Bondgreen
utah · 2015 · cited in 1 Utah opinions naming this issue, 2020–2020
1 sentence

2020See Bond, 2015 UT 88, ¶ 49 (quotation simplified).

11
Delia S. v. Torresgreen
calctapp · 1982 · cited in 1 Utah opinions naming this issue, 2004–2004
2 sentences

2004However, in only one of these cases, Delia S. v. Torres, 134 Cal.App.3d 471 , 184 Cal.Rptr. 787 (1982), did the court hold that a claim for intentional infliction of emotional distress could be made by an absent third party.

2004However, in only one of these cases, Delia S. v. Torres, 134 Cal.App.3d 471 , 184 Cal.Rptr. 787 (1982), did the court hold that a claim for intentional infliction of emotional distress could be made by an absent third party.

11
Croft Ex Rel. Croft v. Wickergreen
alaska · 1987 · cited in 1 Utah opinions naming this issue, 2004–2004
2 sentences

2004Seq, eg., Croft by Croft v. Wicker, 737 P.2d 789, 792-98 (Alaska 1987) (allowing recovery where hous-eguest molested plaintiffs' daughter although plaintiffs did not witness actual incident); Schurk v. Christensen, 80 Wash.2d 652 , 497 P.2d 937, 940-41 (1972) (relaxing the presence requirement for plaintiffs whose child was molested by baby-sitter); R.D. v. W.H., 875 P.2d 26, 33-34 (Wyo.1994) (noting exception to presence requirement where defendant sexually abused plaintiff's wife for several years and indirectly helped her commit suicide). {53 In the instant case, no such compelling cireumst

2004Seq, eg., Croft by Croft v. Wicker, 737 P.2d 789, 792-98 (Alaska 1987) (allowing recovery where hous-eguest molested plaintiffs' daughter although plaintiffs did not witness actual incident); Schurk v. Christensen, 80 Wash.2d 652 , 497 P.2d 937, 940-41 (1972) (relaxing the presence requirement for plaintiffs whose child was molested by baby-sitter); R.D. v. W.H., 875 P.2d 26, 33-34 (Wyo.1994) (noting exception to presence requirement where defendant sexually abused plaintiff's wife for several years and indirectly helped her commit suicide). {53 In the instant case, no such compelling cireumst

11
Rd v. Whgreen
wyo · 1994 · cited in 1 Utah opinions naming this issue, 2004–2004
2 sentences

2004Seq, eg., Croft by Croft v. Wicker, 737 P.2d 789, 792-98 (Alaska 1987) (allowing recovery where hous-eguest molested plaintiffs' daughter although plaintiffs did not witness actual incident); Schurk v. Christensen, 80 Wash.2d 652 , 497 P.2d 937, 940-41 (1972) (relaxing the presence requirement for plaintiffs whose child was molested by baby-sitter); R.D. v. W.H., 875 P.2d 26, 33-34 (Wyo.1994) (noting exception to presence requirement where defendant sexually abused plaintiff's wife for several years and indirectly helped her commit suicide). {53 In the instant case, no such compelling cireumst

2004Seq, eg., Croft by Croft v. Wicker, 737 P.2d 789, 792-98 (Alaska 1987) (allowing recovery where hous-eguest molested plaintiffs' daughter although plaintiffs did not witness actual incident); Schurk v. Christensen, 80 Wash.2d 652 , 497 P.2d 937, 940-41 (1972) (relaxing the presence requirement for plaintiffs whose child was molested by baby-sitter); R.D. v. W.H., 875 P.2d 26, 33-34 (Wyo.1994) (noting exception to presence requirement where defendant sexually abused plaintiff's wife for several years and indirectly helped her commit suicide). {53 In the instant case, no such compelling cireumst

11
Schurk v. Christensengreen
wash · 1972 · cited in 1 Utah opinions naming this issue, 2004–2004
2 sentences

2004Seq, eg., Croft by Croft v. Wicker, 737 P.2d 789, 792-98 (Alaska 1987) (allowing recovery where hous-eguest molested plaintiffs' daughter although plaintiffs did not witness actual incident); Schurk v. Christensen, 80 Wash.2d 652 , 497 P.2d 937, 940-41 (1972) (relaxing the presence requirement for plaintiffs whose child was molested by baby-sitter); R.D. v. W.H., 875 P.2d 26, 33-34 (Wyo.1994) (noting exception to presence requirement where defendant sexually abused plaintiff's wife for several years and indirectly helped her commit suicide). {53 In the instant case, no such compelling cireumst

2004Seq, eg., Croft by Croft v. Wicker, 737 P.2d 789, 792-98 (Alaska 1987) (allowing recovery where hous-eguest molested plaintiffs' daughter although plaintiffs did not witness actual incident); Schurk v. Christensen, 80 Wash.2d 652 , 497 P.2d 937, 940-41 (1972) (relaxing the presence requirement for plaintiffs whose child was molested by baby-sitter); R.D. v. W.H., 875 P.2d 26, 33-34 (Wyo.1994) (noting exception to presence requirement where defendant sexually abused plaintiff's wife for several years and indirectly helped her commit suicide). {53 In the instant case, no such compelling cireumst

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 (5)

CaseCitedYears
Richmond v. Bateman green
utahctapp · 2024
2 sentences

2024A court visitor is appointed in a guardianship proceeding “to conduct an inquiry into whether to waive the respondent’s presence at the hearing,” id.

2024R. 6-507(2), and may additionally be appointed “to investigate the respondent’s circumstances and well-being, including when an attorney is not appointed,” id.

12024–2024
In re A.G... green
utahctapp · 2022
1 sentence

2022We offer our view that having the relinquishing parent sign the relinquishment document either prior to the relinquishment hearing or in the court’s presence at the hearing—regardless of (continued…) 20210914-CA 12 2022 UT App 126 In re A.G.

12022–2022
Hatch v. Davis green
utahctapp · 2004
2 sentences

2006Hatch v. Davis, 2004 UT App 378, ¶ 52 , 102 P.3d 774 . $27 What sort of cireumstances are sufficiently atrocious to give rise to the presence exception?

2006Hatch v. Davis, 2004 UT App 378, ¶ 52 , 102 P.3d 774 . $27 What sort of cireumstances are sufficiently atrocious to give rise to the presence exception?

12006–2006
Miranda v. Arizona green
scotus · 1966
2 sentences

1991Id. at 475 , 86 S.Ct. at 1628 .

1991Id. at 475 , 86 S.Ct. at 1628 .

11991–1991
Brewer v. Williams green
scotus · 1977
2 sentences

1985It is because of the importance of the presence of defense counsel in protecting the truth-seeking procedures of the criminal process that the standard for determining whether a suspect has waived counsel is strict and the “courts indulge in every reasonable presumption against waiver.” Brewer v. Williams, 430 U.S. 387, 404 , 97 S.Ct. 1232, 1242 , 51 L.Ed.2d 424 (1977).

1985It is because of the importance of the presence of defense counsel in protecting the truth-seeking procedures of the criminal process that the standard for determining whether a suspect has waived counsel is strict and the “courts indulge in every reasonable presumption against waiver.” Brewer v. Williams, 430 U.S. 387, 404 , 97 S.Ct. 1232, 1242 , 51 L.Ed.2d 424 (1977).

11985–1985

Where else courts name it

CA 168 (1889–2026) NY 126 (1858–2026) IL 120 (1899–2026) TX 110 (1909–2026) AL 86 (1845–2010) PA 83 (1896–2025) WA 56 (1901–2023) GA 56 (1900–2021) MO 52 (1867–2025) WY 47 (1936–2025) TN 41 (1948–2024) IN 38 (1872–2018) LA 36 (1915–2015) NC 32 (1881–2024) MI 32 (1911–2025) OH 31 (1881–2025) NJ 31 (1945–2026) KS 30 (1901–2026) KY 29 (1917–2025) MS 29 (1909–2022) NM 28 (1946–2022) FL 28 (1952–2026) CO 28 (1904–2024) CT 27 (1939–2025) MA 27 (1892–2026) VA 26 (1795–2023) OR 24 (1893–2025) MN 23 (1924–2018) OK 23 (1911–2015) AR 22 (1916–2024) DC 21 (1973–2019) WI 20 (1923–2024) ID 19 (1923–2022) MD 17 (1933–2014) IA 17 (1916–2023) VT 13 (1904–2026) RI 13 (1973–2014) MT 13 (1924–2024) ME 13 (1925–2019) AZ 11 (1920–2009) DE 11 (1981–2025) NE 10 (1905–2020) WV 8 (1981–2003) AK 7 (1972–2019) UT 7 (1985–2024) ND 6 (1971–2023) SD 6 (1913–2013) HI 5 (1977–2021) PR 4 (1918–1966) SC 4 (1936–2016) NH 3 (1951–1995) NV 2 (1987–2021)

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.

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