purview rule (Utah) · Go Syfert
← Utah issues

purview rule in Utah

7 Utah opinions name it 2 courts 1953–2023 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
In re Bondurantgreen
scotus · 1986 · cited in 1 Utah opinions naming this issue, 2013–2013
1 sentence

2013See id.

11
State v. Thurmangreen
utah · 1993 · cited in 1 Utah opinions naming this issue, 2006–2006
1 sentence

2006In short, the policy of turning over custody of warrants and affidavits to the police without securing copies for court files is not within the purview of rule 4-205. {20 Finally, regardless of the statutory requirements, we conclude that the practice followed by the Fourth District Court is sufficiently troubling to warrant the imposition of this court's "inherent supervisory authority over all courts of this state." State v. Thurman, 846 P.2d 1256, 1266 (Utah 1993); see also State v. Wareham, 772 P.2d 960, 965 (Utah 1989) (invoking supreme court's supervisory power to require bifurcation in

11
In re Criminal Investigation, 7th District Court No. CS-1green
utah · 1988 · cited in 1 Utah opinions naming this issue, 2006–2006
1 sentence

2006In short, the policy of turning over custody of warrants and affidavits to the police without securing copies for court files is not within the purview of rule 4-205. {20 Finally, regardless of the statutory requirements, we conclude that the practice followed by the Fourth District Court is sufficiently troubling to warrant the imposition of this court's "inherent supervisory authority over all courts of this state." State v. Thurman, 846 P.2d 1256, 1266 (Utah 1993); see also State v. Wareham, 772 P.2d 960, 965 (Utah 1989) (invoking supreme court's supervisory power to require bifurcation in

11
State v. Warehamgreen
utah · 1989 · cited in 1 Utah opinions naming this issue, 2006–2006
1 sentence

2006In short, the policy of turning over custody of warrants and affidavits to the police without securing copies for court files is not within the purview of rule 4-205. {20 Finally, regardless of the statutory requirements, we conclude that the practice followed by the Fourth District Court is sufficiently troubling to warrant the imposition of this court's "inherent supervisory authority over all courts of this state." State v. Thurman, 846 P.2d 1256, 1266 (Utah 1993); see also State v. Wareham, 772 P.2d 960, 965 (Utah 1989) (invoking supreme court's supervisory power to require bifurcation in

11
Benson Ex Rel. Benson v. I.H.C. Hospitals, Inc.green
utah · 1993 · cited in 1 Utah opinions naming this issue, 2005–2005
2 sentences

2005The Court in Benson clarified exactly what types of documents fall under the purview of the privilege, answering the question whether the care review privilege applied only to “documents prepared specifically to be submitted for review purposes or whether the privilege also includes documents that might or could be used in the review process.” Id. at 540 (emphasis in original).

2005The Supreme Court concluded that the privilege should be limited to only those “documents prepared specifically to be submitted for review purposes.” Id. (emphasis in original).

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 (8)

CaseCitedYears
State v. Rallison green
utahctapp · 2023
1 sentence

2023R. 412(b)(3). 20200667-CA 7 2023 UT App 34 State v. Rallison ¶10 We first note that evidence of the cooks slapping each other’s buttocks—included in Rallison’s identification of item 12 but not the district court’s—is beyond the purview of rule 412 as it does not involve the alleged victims.

12023–2023
State v. Nunez green
utahctapp · 2021
1 sentence

2021This is because “[t]he rule is permissive, not exclusive,” see id., and some evidence that falls under the purview of rule 15.5 may nevertheless appropriately be admitted pursuant to other rules of evidence and procedure, State v. Burke, 2011 UT App 168 , ¶ 52 n.13, 256 P.3d 1102 (reading Hoyt, 806 P.2d at 209 , as 20190317-CA 16 2021 UT App 86 State v. Nunez standing for the proposition “that rule 15.5 is not the exclusive method through which a child’s testimony may be admitted”).

12021–2021
State v. Hoyt green
utahctapp · 1991
2 sentences

2021This is because “[t]he rule is permissive, not exclusive,” see id., and some evidence that falls under the purview of rule 15.5 may nevertheless appropriately be admitted pursuant to other rules of evidence and procedure, State v. Burke, 2011 UT App 168 , ¶ 52 n.13, 256 P.3d 1102 (reading Hoyt, 806 P.2d at 209 , as 20190317-CA 16 2021 UT App 86 State v. Nunez standing for the proposition “that rule 15.5 is not the exclusive method through which a child’s testimony may be admitted”).

2021This is because “[t]he rule is permissive, not exclusive,” see id., and some evidence that falls under the purview of rule 15.5 may nevertheless appropriately be admitted pursuant to other rules of evidence and procedure, State v. Burke, 2011 UT App 168 , ¶ 52 n.13, 256 P.3d 1102 (reading Hoyt, 806 P.2d at 209 , as 20190317-CA 16 2021 UT App 86 State v. Nunez standing for the proposition “that rule 15.5 is not the exclusive method through which a child’s testimony may be admitted”).

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

2021This is because “[t]he rule is permissive, not exclusive,” see id., and some evidence that falls under the purview of rule 15.5 may nevertheless appropriately be admitted pursuant to other rules of evidence and procedure, State v. Burke, 2011 UT App 168 , ¶ 52 n.13, 256 P.3d 1102 (reading Hoyt, 806 P.2d at 209 , as 20190317-CA 16 2021 UT App 86 State v. Nunez standing for the proposition “that rule 15.5 is not the exclusive method through which a child’s testimony may be admitted”).

2021This is because “[t]he rule is permissive, not exclusive,” see id., and some evidence that falls under the purview of rule 15.5 may nevertheless appropriately be admitted pursuant to other rules of evidence and procedure, State v. Burke, 2011 UT App 168 , ¶ 52 n.13, 256 P.3d 1102 (reading Hoyt, 806 P.2d at 209 , as 20190317-CA 16 2021 UT App 86 State v. Nunez standing for the proposition “that rule 15.5 is not the exclusive method through which a child’s testimony may be admitted”).

12021–2021
State v. Alzaga green
utahctapp · 2015
2 sentences

2020Thus, as a threshold matter, rule 608 is inapplicable here because evidence the State presented involved convictions, a category that does not fall under the purview of rule 608. ¶13 “Rule 609 permits a party to attack a witness’s character for truthfulness using evidence of a criminal conviction.” State v. Alzaga, 2015 UT App 133, ¶ 32 , 352 P.3d 107 .

2020Thus, as a threshold matter, rule 608 is inapplicable here because evidence the State presented involved convictions, a category that does not fall under the purview of rule 608. ¶13 “Rule 609 permits a party to attack a witness’s character for truthfulness using evidence of a criminal conviction.” State v. Alzaga, 2015 UT App 133, ¶ 32 , 352 P.3d 107 .

12020–2020
State v. Hansen green
utahctapp · 2020
1 sentence

2020But we agree with the State that Hansen’s prior convictions were not used to show his character for truthfulness; rather, they were introduced only to 20180531-CA 6 2020 UT App 17 State v. Hansen cast doubt on the credibility of Hansen’s testimony that he presently did not use methamphetamine and that he did not know there was methamphetamine in his car.

12020–2020
City of Fort Worth v. Wiggins green
texcommnapp · 1928
1 sentence

1953It does not determine that the attractive nuisance doctrine would take the case beyond the purview of immunity. [8] In this case, the court did not consider the relationship of the doctrine of immunity inasmuch as there was no support for the contention of attractive nuisance. [9] For a discussion of the possible bases of this exception see Prosser on Torts. p. 1074, § 108. [1] Tex.Civ.App., 299 S.W. 468 , affirmed Tex.Com.App., 5 S.W.2d 761 . [2] Supra.

11953–1953
Wiggins v. City of Fort Worth green
texapp · 1927
1 sentence

1953It does not determine that the attractive nuisance doctrine would take the case beyond the purview of immunity. [8] In this case, the court did not consider the relationship of the doctrine of immunity inasmuch as there was no support for the contention of attractive nuisance. [9] For a discussion of the possible bases of this exception see Prosser on Torts. p. 1074, § 108. [1] Tex.Civ.App., 299 S.W. 468 , affirmed Tex.Com.App., 5 S.W.2d 761 . [2] Supra.

11953–1953

Where else courts name it

OH 74 (1958–2026) FL 49 (1941–2015) NY 47 (1882–2026) CA 40 (1893–2018) TX 32 (1928–2023) IL 29 (1896–2022) PA 19 (1895–2022) MI 17 (1947–2025) MO 16 (1881–2022) NC 15 (1948–2013) GA 12 (1907–1987) OK 11 (1929–2016) NJ 9 (1886–2009) AL 8 (1932–2016) NE 7 (1900–1993) MA 7 (1975–2026) IN 7 (1862–1997) UT 7 (1953–2023) KY 7 (1962–2021) RI 6 (1958–2004) MD 6 (1985–2013) MT 6 (1926–1980) IA 6 (1922–2011) WA 6 (1950–2021) ID 5 (1891–2012) MN 5 (1960–2014) NV 4 (1869–2022) VA 4 (1953–1999) NM 4 (1933–2010) AR 4 (1987–2017) LA 4 (1929–1994) AZ 3 (1945–1970) ND 3 (1896–2015) HI 3 (1943–1999) CO 3 (1967–1985) WI 3 (1922–1991) CT 3 (1942–1998) KS 2 (1971–2020) WV 2 (1973–1982) SC 2 (1947–2018) OR 2 (1905–1913)

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.

← Caselaw search · G Cite Topics · Brief Check