second preliminary hearing (Utah) · Go Syfert
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second preliminary hearing in Utah

7 Utah opinions name it 2 courts 1979–2025 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 (3)

CaseFollowedCited
State v. Brickeygreen
utah · 1986 · cited in 3 Utah opinions naming this issue, 2000–2022
2 sentences

2022See id. (“If an additional or different offense is charged, the defendant has the right to a preliminary hearing on that offense . . . .”).

2004See id.

23
State v. Morgangreen
utah · 2001 · cited in 1 Utah opinions naming this issue, 2025–2025
1 sentence

2025Morgan concluded that a prosecutor was not forum shopping where “the second preliminary hearing was held before the same magistrate” and where there was no evidence of subjective intent to forum shop. 2001 UT 87, ¶ 25 (noting that, “unlike the prosecutor in Brickey,” the Morgan prosecutor did not “admit[] he would refile until obtaining a bindover”).

11
Browning v. Stategreen
oklacrimapp · 1982 · cited in 1 Utah opinions naming this issue, 2004–2004
1 sentence

2004See id.

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 (4)

CaseCitedYears
State v. Atencio green
utahctapp · 2004
2 sentences

2005The State has provided no reason why this evidence could not have been produced at the original preliminary hearing, and we are not convinced that such dilatory preparation amounts to an innocent miscalculation. 5 ¶26 We are likewise unpersuaded that unpreparedness constitutes “other good cause.” In State v. Atencio, 2004 UT App 93 , 89 P.3d 191 , this court upheld the State’s decision to refile a charge after it had already been dismissed.

2005The State has provided no reason why this evidence could not have been produced at the original preliminary hearing, and we are not convinced that such dilatory preparation amounts to an innocent miscalculation. 5 ¶26 We are likewise unpersuaded that unpreparedness constitutes “other good cause.” In State v. Atencio, 2004 UT App 93 , 89 P.3d 191 , this court upheld the State’s decision to refile a charge after it had already been dismissed.

12005–2005
State v. Morgan neutral
utahctapp · 2000
2 sentences

2001Defendants contended that a decision issued by the court of appeals in State v. Morgan, 2000 UT App. 48 , 997 P.2d 910 , effectively precluded interpreting good cause to include an innocent miscalculation of the quantum of evidence necessary to obtain a bindover. {11 The magistrate agreed with defendants and granted the motion to dismiss both counts of the information.

2001Defendants contended that a decision issued by the court of appeals in State v. Morgan, 2000 UT App. 48 , 997 P.2d 910 , effectively precluded interpreting good cause to include an innocent miscalculation of the quantum of evidence necessary to obtain a bindover. {11 The magistrate agreed with defendants and granted the motion to dismiss both counts of the information.

12001–2001
Heller v. New York green
scotus · 1973
2 sentences

1979The fact that a second preliminary hearing was held wherein the magistrate did view the films and rule upon the issue of obscenity is not indicative that an error had been made; rather, that subsequent preliminary hearing was ordered when defendant had failed to properly challenged the issue of obscenity. 15 . 413 U.S. 483 , 93 S.Ct. 2789 , 37 L.Ed.2d 745 (1973). 16 . 577 F.2d 308 (5th Cir. 1978). 17 .

1979The fact that a second preliminary hearing was held wherein the magistrate did view the films and rule upon the issue of obscenity is not indicative that an error had been made; rather, that subsequent preliminary hearing was ordered when defendant had failed to properly challenged the issue of obscenity. 15 . 413 U.S. 483 , 93 S.Ct. 2789 , 37 L.Ed.2d 745 (1973). 16 . 577 F.2d 308 (5th Cir. 1978). 17 .

11979–1979
United States v. George P. Echols green
ca5 · 1978
1 sentence

1979The fact that a second preliminary hearing was held wherein the magistrate did view the films and rule upon the issue of obscenity is not indicative that an error had been made; rather, that subsequent preliminary hearing was ordered when defendant had failed to properly challenged the issue of obscenity. 15 . 413 U.S. 483 , 93 S.Ct. 2789 , 37 L.Ed.2d 745 (1973). 16 . 577 F.2d 308 (5th Cir. 1978). 17 .

11979–1979

Where else courts name it

CA 17 (1960–2024) PA 15 (1977–2024) IL 11 (1978–2017) TN 9 (1998–2016) UT 7 (1979–2025) OK 5 (1953–2018) WI 2 (2003–2023) NM 2 (2022–2022) KS 2 (1976–2026) WY 2 (1998–2011) CO 2 (1981–2025)

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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