substitute analysis (Utah) · Go Syfert
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substitute analysis in Utah

7 Utah opinions name it 2 courts 1944–2020 0 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 (2)

CaseFollowedCited
State v. Luceroyellow
utah · 2014 · cited in 1 Utah opinions naming this issue, 2017–2017
2 sentences

2017See Lucero, 2014 UT 15, ¶ 32 , 328 P.3d 841 ("[C]ourts are bound by the text of rule 403, not the limited list of considerations outlined in Shickles."). 81 .

2017See Lucero, 2014 UT 15, ¶ 32 , 328 P.3d 841 ("[C]ourts are bound by the text of rule 403, not the limited list of considerations outlined in Shickles."). 81 .

11
Seftel v. Capital City Bankgreen
utahctapp · 1989 · cited in 1 Utah opinions naming this issue, 1999–1999
1 sentence

1999See id.; Seftel v. Capital City Bank, 767 P.2d 941, 945 (Utah Ct.App.1989) (“[A]bstract generalizations are not a substitute for the analysis required under Rule 19.”), aff'd sub nom.

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 (7)

CaseCitedYears
State v. Tapusoa green
utahctapp · 2020
1 sentence

2020He simply asserts that the proxy statement made by defense counsel “is hardly a substitute for hearing from [Mother] in her own voice and the full breadth and depth of what she wished to say to the court.” Consequently, we are left to surmise that defense counsel adequately conveyed all the relevant information to the court on Mother’s behalf, albeit without the heartfelt sincerity and (continued…) 20190244-CA 7 2020 UT App 92 State v. Tapusoa contained additional information from Mother about Tapusoa’s support in the community and his readiness to address his “criminogenic factors.” According

12020–2020
State v. Cuttler green
utah · 2015
2 sentences

2017Cuttler, 2015 UT 95, ¶ 20 , 367 P.3d 981 ("Since the overmastering hostility factor under Shickles is at best judicial gloss and at worst a substitute test for evidence's admissibility under rule 403, we now make clear that it is inappropriate for a court to consider the overmastering hostility factor in a rule 403 análysis.”). 80 .

2017Cuttler, 2015 UT 95, ¶ 20 , 367 P.3d 981 ("Since the overmastering hostility factor under Shickles is at best judicial gloss and at worst a substitute test for evidence's admissibility under rule 403, we now make clear that it is inappropriate for a court to consider the overmastering hostility factor in a rule 403 análysis.”). 80 .

12017–2017
Landes v. Capital City Bank green
utah · 1990
1 sentence

1999Landes v. Capital City Bank, 795 P.2d 1127 (Utah 1990).

11999–1999
Beach v. University of Utah green
utah · 1986
1 sentence

1993As we noted in Beach , the characterization of a relationship as special is a conclusion, a label that announces the results of a policy analysis, not a substitute for analysis. 726 P.2d at 417-18 .

11993–1993
State v. Verde green
utah · 1989
2 sentences

1992Of course, a determination of harmlessness obviates the need to reach the question of error, see Verde, 770 P.2d at 123 , but it is not a substitute for that analysis.

1992Of course, a determination of harmlessness obviates the need to reach the question of error, see Verde, 770 P.2d at 123 , but it is not a substitute for that analysis.

11992–1992
Provident Tradesmens Bank & Trust Co. v. Patterson green
scotus · 1968
2 sentences

1989Provident, 390 U.S. at 124 , 88 S.Ct. at 745 .

1989Provident, 390 U.S. at 124 , 88 S.Ct. at 745 .

11989–1989
Townsend v. Kurtz green
md · 1896
2 sentences

1944In Townsend v. Kurtz, 83 Md. 331 , 34 A. 1123 , the court was called upon to try title to the office of insurance commissioner of the state of Maryland.

1944In Townsend v. Kurtz, 83 Md. 331 , 34 A. 1123 , the court was called upon to try title to the office of insurance commissioner of the state of Maryland.

11944–1944

Where else courts name it

LA 17 (1941–2019) CA 16 (1863–2020) KY 15 (2016–2026) IL 14 (1973–2020) MO 9 (1890–2024) OK 9 (1932–2019) FL 9 (1990–2016) TX 8 (1990–2023) NY 8 (1887–2016) UT 7 (1944–2020) OH 6 (2000–2008) NJ 6 (2006–2024) IA 5 (1996–2026) DC 5 (1980–2008) HI 5 (1980–2025) MA 5 (1989–2013) WA 4 (2015–2016) NC 3 (1964–2005) AR 3 (1979–2015) MN 3 (1985–1989) ME 2 (1983–2025) AZ 2 (1985–2020) PA 2 (1942–2021) VT 2 (2024–2026) MS 2 (1997–2001) AK 2 (1976–2012) MD 2 (1986–1987)

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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