State v. Johnson

Docket Number20140794
Decision Date14 November 2017

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274 cases
  • Osguthorpe v. Rudd (In re Osguthorpe)
    • United States
    • Utah Supreme Court
    • July 1, 2021
    ... ... His second wife of nearly two decades, June Osguthorpe (June), also outlived him. ¶8 Dr. Osguthorpe was a veterinarian, educated at Colorado State University (CSU). Dr. Osguthorpe and his first wife, Afton, acquired significant assets, including hundreds of acres of land throughout Utah. The ... at 240 (Johnson, J., concurring). Further, we "do not dispute that probate law will be applicable and provide an adequate remedy in many situations. Nevertheless, ... ...
  • Kelly v. Timber Lakes Prop. Owners Ass'n
    • United States
    • Utah Court of Appeals
    • February 17, 2022
    ... ... the issues most advantageous to themselves, while allowing an impartial tribunal to determine the merits of those arguments." 507 P.3d 368 State v. Johnson , 2017 UT 76, ¶ 8, 416 P.3d 443. See Robert J. Labrum, History and Application of the Plain Error Doctrine in Utah , 2000 Utah L ... ...
  • State v. Aziakanou
    • United States
    • Utah Supreme Court
    • September 30, 2021
    ... ... Colwell , 2000 UT 8, ¶ 18, 994 P.2d 177. But the opponent of a peremptory strike need not prove purposeful discrimination at this point. This initial burden is satisfied by producing "evidence sufficient to permit the trial judge to draw an inference that discrimination has occurred." Johnson v. California , 545 U.S. 162, 170, 125 S.Ct. 2410, 162 L.Ed.2d 129 (2005). ¶32 After the State used a peremptory strike to remove Juror 13, Aziakanou raised a Batson challenge. To make a prima facie showing of discrimination, defense counsel asserted that, "[I]t seem[ed] ... [Juror 13] was ... ...
  • State v. Ray
    • United States
    • Utah Court of Appeals
    • March 31, 2022
    ... ... Additionally, the constitutionality of a law may not be called into doubt simply on the basis that it "call[s] for the application of a qualitative standard." Johnson v. United States , 576 U.S. 591, 603–04, 135 S.Ct. 2551, 192 L.Ed.2d 569 (2015). But "the failure of persistent efforts to establish a standard can provide evidence of vagueness." Id. at 598, 135 S.Ct. 2551 (quotation simplified). In the case before us, based on the plain language of the ... ...
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1 books & journal articles
  • SUPPLEMENTING SUPPLEMENTAL BRIEFING.
    • United States
    • Journal of Appellate Practice and Process Vol. 22 No. 2, June 2022
    • June 22, 2022
    ...relief and constitutional right manifest error). (50.) For an overview of the term, see supra note 3. (51.) See, e.g., State v. Johnson, 416 P.3d 443, 457-58 (Utah 2017) (detailing when such sua sponte action is merited); Kaiserman Assocs. v. Francis Town, 977 P.2d 462, 464 (Utah 1998) (pro......