7 Utah opinions name it 2 courts 1994–2026 1 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. Bakergreen2 sentences2012Under State v. Baker, 671 P.2d 152 (Utah 1983), a defendant is entitled to a requested lesser-included offense instruction when (1) the two offenses are related because some of their statutory elements overlap, and the evidence at trial of the greater offense involves proof of some or all of those overlapping elements; and (2) the evidence provides a rational basis for a *513 verdict acquitting the defendant of the offense charged and convicting the defendant of the lesser-included offense. 2001Under State v. Baker, 671 P.2d 152, 159 (Utah 1983), a defendant is entitled to a requested lesser-included offense instruction if (1) the two offenses are related because some of their statutory elements overlap, and the evidence at trial of the greater offense involves proof of some or all of those overlapping elements; and (2) the evidence provides a rational basis for a verdict acquitting the defendant of the offense charged and convicting the defendant of the lesser-included offense. € 19 Defendant asserts that the first test of Baker was met in this case because the elements of attempted | 3 | 5 |
State v. Reecegreen2 sentences2026See, e.g., State v. Reece, 2015 UT 45, ¶ 40 , 349 P.3d 712 (concluding that a district court’s error in denying a requested lesser-included-offense instruction was harmless because “there was overwhelming evidence” against the defendant and there was no reasonable likelihood that the jury would have acquitted, so this court’s “confidence in the verdict [was] not undermined”). 20240307-CA 18 2026 UT App 64 State v. Young verdict if the pivotal issue at trial was credibility of the witnesses and the errors went to that central issue.” Id. ¶43 In Johnson, we held that a defendant was prejudiced b 2026See, e.g., State v. Reece, 2015 UT 45, ¶ 40 , 349 P.3d 712 (concluding that a district court’s error in denying a requested lesser-included-offense instruction was harmless because “there was overwhelming evidence” against the defendant and there was no reasonable likelihood that the jury would have acquitted, so this court’s “confidence in the verdict [was] not undermined”). 20240307-CA 18 2026 UT App 64 State v. Young verdict if the pivotal issue at trial was credibility of the witnesses and the errors went to that central issue.” Id. ¶43 In Johnson, we held that a defendant was prejudiced b | 2 | 2 |
State v. Johnsongreen1 sentence2026See 2025 UT App 13, ¶ 32 . | 1 | 1 |
cluster 10847880green2 sentences2026See, e.g., State v. Reece, 2015 UT 45, ¶ 40 , 349 P.3d 712 (concluding that a district court’s error in denying a requested lesser-included-offense instruction was harmless because “there was overwhelming evidence” against the defendant and there was no reasonable likelihood that the jury would have acquitted, so this court’s “confidence in the verdict [was] not undermined”). 20240307-CA 18 2026 UT App 64 State v. Young verdict if the pivotal issue at trial was credibility of the witnesses and the errors went to that central issue.” Id. ¶43 In Johnson, we held that a defendant was prejudiced b 2026See, e.g., State v. Reece, 2015 UT 45, ¶ 40 , 349 P.3d 712 (concluding that a district court’s error in denying a requested lesser-included-offense instruction was harmless because “there was overwhelming evidence” against the defendant and there was no reasonable likelihood that the jury would have acquitted, so this court’s “confidence in the verdict [was] not undermined”). 20240307-CA 18 2026 UT App 64 State v. Young verdict if the pivotal issue at trial was credibility of the witnesses and the errors went to that central issue.” Id. ¶43 In Johnson, we held that a defendant was prejudiced b | 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. Evans
green
2 sentences2012State v. Evans, 2001 UT 22, ¶ 18 , 20 P.3d 888 (citing Baker, 671 P.2d at 159 ). 2012State v. Evans, 2001 UT 22, ¶ 18 , 20 P.3d 888 (citing Baker, 671 P.2d at 159 ). | 2 | 2002–2012 |
State v. Harris
green
2 sentences2018See Reece , 2015 UT 45 , ¶¶ 40-43, 349 P.3d 712 (concluding that a trial court's failure to give a requested lesser-included-offense instruction was harmless where the evidence overwhelmingly established the defendant's guilt for the charged, instructed offense); cf. State v. Harris , 2015 UT App 282 , ¶ 9, 363 P.3d 555 (stating that "it is a well-settled rule that circumstantial evidence alone may be sufficient to establish the guilt of the accused" (quotation simplified) ); State v. Cristobal , 2014 UT App 55 , ¶ 4, 322 P.3d 1170 (stating that "where there is an absence of direct evidence su 2018See Reece , 2015 UT 45 , ¶¶ 40-43, 349 P.3d 712 (concluding that a trial court's failure to give a requested lesser-included-offense instruction was harmless where the evidence overwhelmingly established the defendant's guilt for the charged, instructed offense); cf. State v. Harris , 2015 UT App 282 , ¶ 9, 363 P.3d 555 (stating that "it is a well-settled rule that circumstantial evidence alone may be sufficient to establish the guilt of the accused" (quotation simplified) ); State v. Cristobal , 2014 UT App 55 , ¶ 4, 322 P.3d 1170 (stating that "where there is an absence of direct evidence su | 1 | 2018–2018 |
State v. Cristobal
green
2 sentences2018See Reece , 2015 UT 45 , ¶¶ 40-43, 349 P.3d 712 (concluding that a trial court's failure to give a requested lesser-included-offense instruction was harmless where the evidence overwhelmingly established the defendant's guilt for the charged, instructed offense); cf. State v. Harris , 2015 UT App 282 , ¶ 9, 363 P.3d 555 (stating that "it is a well-settled rule that circumstantial evidence alone may be sufficient to establish the guilt of the accused" (quotation simplified) ); State v. Cristobal , 2014 UT App 55 , ¶ 4, 322 P.3d 1170 (stating that "where there is an absence of direct evidence su 2018See Reece , 2015 UT 45 , ¶¶ 40-43, 349 P.3d 712 (concluding that a trial court's failure to give a requested lesser-included-offense instruction was harmless where the evidence overwhelmingly established the defendant's guilt for the charged, instructed offense); cf. State v. Harris , 2015 UT App 282 , ¶ 9, 363 P.3d 555 (stating that "it is a well-settled rule that circumstantial evidence alone may be sufficient to establish the guilt of the accused" (quotation simplified) ); State v. Cristobal , 2014 UT App 55 , ¶ 4, 322 P.3d 1170 (stating that "where there is an absence of direct evidence su | 1 | 2018–2018 |
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.