emphasized principle (Utah) · Go Syfert
← Utah issues

emphasized principle in Utah

6 Utah opinions name it 2 courts 1983–2024 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.

Followed or applied (2)

CaseFollowedCited
Prowswood, Inc. v. Mountain Fuel Supply Co.green
utah · 1984 · cited in 1 Utah opinions naming this issue, 1989–1989
1 sentence

1989The court emphasized this principle in Prowswood, Inc. v. Mountain Fuel Supply Co., 676 P.2d 952, 955 (Utah 1984): “It is axiomatic in this jurisdiction that failure to timely perfect an appeal is a jurisdictional failure requiring dismissal of the appeal.” In an action closely related to the one before us, this court found that it was without jurisdiction to review a decision of the Industrial Commission when the applicable time limit had been exceeded.

11
Hafen v. Morrisgreen
utah · 1981 · cited in 1 Utah opinions naming this issue, 1983–1983
2 sentences

1983Were it otherwise, the regular rules of procedure governing appeals and the limitations of time specified therein would be rendered impotent. [Emphasis added.] Among the numerous cases quoting and applying the emphasized standard is Hafen v. Morris, Utah, 632 P.2d 875, 876 (1981), where the Court held that a prisoner’s contention that his counsel failed to challenge a particular juror could not be raised by habe-as corpus because the petitioner had failed to use his “adequate opportunity” to raise that contention at his trial or on direct appeal from his conviction.

1983Were it otherwise, the regular rules of procedure governing appeals and the limitations of time specified therein would be rendered impotent. [Emphasis added.] Among the numerous cases quoting and applying the emphasized standard is Hafen v. Morris, Utah, 632 P.2d 875, 876 (1981), where the Court held that a prisoner's contention that his counsel failed to challenge a particular juror could not be raised by habeas corpus because the petitioner had failed to use his "adequate opportunity" to raise that contention at his trial or on direct appeal from his conviction.

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 (6)

CaseCitedYears
State v. Wyatt green
utah · 2021
1 sentence

2024Id.

12024–2024
In re B.T.B. green
utahctapp · 2018
2 sentences

2018The court emphasized that the test for termination of parental rights properly contains both elements, explaining that “[t]he best interest of the child has always been a paramount or ‘polar star’ principle in cases involving termination of parental rights,” and is “a vital ingredient in a determination that has at least two elements,” but that “no court is warranted in applying the ‘polar 20170906-CA 7 2018 UT App 157 In re B.T.B. star principle’” until after evidence of unfitness is present.

2018Id. (quotation simplified). 1 ¶15 Indeed, our supreme court has never endorsed any watering-down of the two-part test for termination of parental rights.

12018–2018
In Re JP green
utah · 1982
1 sentence

2018Id. (quotation simplified). 1 ¶ 15 Indeed, our supreme court has never endorsed any watering-down of the two-part test for termination of parental rights.

12018–2018
Employment Div., Dept. of Human Resources of Ore. v. Smith red
scotus · 1990
2 sentences

2004Drawing from its holding in Smith , the Court emphasized the principle that "a law that is neutral and of general applicability need not be justified by a compelling governmental interest even if the law has the incidental effect of burdening a particular religious practice." Id. at 531, 113 S.Ct. 2217 (citing Smith, 494 U.S. 872 , 110 S.Ct. 1595 ).

2004Drawing from its holding in Smith , the Court emphasized the principle that "a law that is neutral and of general applicability need not be justified by a compelling governmental interest even if the law has the incidental effect of burdening a particular religious practice." Id. at 531, 113 S.Ct. 2217 (citing Smith, 494 U.S. 872 , 110 S.Ct. 1595 ).

12004–2004
Church of the Lukumi Babalu Aye, Inc. v. City of Hialeah green
scotus · 1993
2 sentences

2004Drawing from its holding in Smith , the Court emphasized the principle that "a law that is neutral and of general applicability need not be justified by a compelling governmental interest even if the law has the incidental effect of burdening a particular religious practice." Id. at 531, 113 S.Ct. 2217 (citing Smith, 494 U.S. 872 , 110 S.Ct. 1595 ).

2004Drawing from its holding in Smith, the Court emphasized the principle that "a law that is neutral and of general applicability need not be justified by a compelling governmental interest even if the law has the incidental effect of burdening a particular religious practice." Id. at 531 , 113 S.Ct. 2217 (citing Smith, 494 U.S. 872 , 110 S.Ct. 1595 ).

12004–2004
Retherford v. INDUSTRIAL COM'N OF UTAH green
utahctapp · 1987
1 sentence

1989Retherford, 739 P.2d at 80 .

11989–1989

Where else courts name it

CA 30 (1940–2025) TX 28 (1948–2025) PA 20 (1963–2026) NJ 18 (1979–2025) IL 14 (1968–2016) WA 12 (1997–2024) NY 10 (1909–2024) LA 9 (1956–2015) MI 9 (1978–2026) NC 9 (1916–2022) MD 8 (1988–2022) OH 8 (1987–2019) OR 7 (1969–2014) CT 7 (1988–2019) FL 7 (1980–2019) VA 7 (1978–2007) MA 6 (1958–2023) UT 6 (1983–2024) AL 4 (1986–2005) KS 4 (1975–2021) WI 4 (1983–2019) MN 4 (1964–2013) IN 4 (1958–2025) DE 3 (2003–2024) CO 3 (1994–2010) MT 3 (1994–2002) MO 3 (1966–2009) TN 3 (1995–2026) DC 3 (1982–2010) IA 3 (1985–2017) OK 2 (1925–2004) AK 2 (1992–2024) AZ 2 (1978–2003) ME 2 (1920–1971) NM 2 (1994–2019) MS 2 (1986–1991)

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