Utah Supreme Court· 1/31/1989

State v. Gardner

Citations

789 P.2d 273
101 Utah Adv. Rep. 3
1989 Utah LEXIS 10
1989 WL 7825

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

“Nothing is more damaging to the public confidence in the legal system than the appearance of bias or prejudice on the part of the judge.”
no need to reach constitutionality of subsection (h) when defendant was also convicted of two other aggravating circumstances
“Defendant filed an affidavit of bias and prejudice against the trial judge because he worked in the [court building where the crime took place].”
although rejecting an “acquittal first” instruction, approving an instruction that permitted the jury to consider the lesser included offenses “if they do not find the defendant guilty of the charged offense”
when defendant, at close of penalty phase of trial, but before jury has returned a sentence, moves for mistrial on grounds of prosecutorial misconduct that occurred during penalty phase, issue of prosecutorial misconduct is preserved for appeal
recusal required only where substantial rights of the party are shown to be affected

Source: CourtListener parenthetical corpus (CC0).

Judges: Howe, Hall, Durham, Zimmerman

Read full opinion on CourtListener

Cited by

64 cases in this archive cite this case; the 20 most cited are listed.

Cites

67 cases in this archive are cited by this case; the 20 most cited are listed.

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