Utah Supreme Court· 9/30/1985
State v. Howell
Citations
- 707 P.2d 115
- 1985 Utah LEXIS 919
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that it was appropriate for a sentencing judge to consider evidence that the defendants sexually abused their children, even though the defendants were convicted only on charges of physical child abuse
- holding that district courts have \substantial discretion in imposing a sentence\ and may consider all \reasonably reliable and relevant information in exercising [that] discretion\
- stating that to effectuate due process requirement that “sentencing judge act on reasonably reliable and relevant information,” defendant must receive copy of presentence report
- concluding that the dis trict court did not abuse its discretion in considering evidence of the defendants' sexual abuse of their children while sentencing them on physical abuse convictions because the evidence \had indicia of reliability and was relevant in sentencing\
- holding trial court did not err in relying on evidence in presentence report that defendants had sexually abused their children when evidence had “indicia of reliability and was relevant in sentencing” and evidence was uncontroverted
- requiring \that a sentencing judge act on reasonably reliable and relevant information in exercising discretion in fixing a sentence\
Source: CourtListener parenthetical corpus (CC0).
Judges: Stewart, Hall, Howe, Durham, Zimmerman
Read full opinion on CourtListenerCited by
22 cases in this archive cite this case; the 20 most cited are listed.
- State v. MaestasUtah Supreme Court· 2012-07-27· cited 176×
- State v. MoaUtah Supreme Court· 2012-05-04· cited 71×
- State v. ReeceUtah Supreme Court· 2015-04-14· cited 69×
- Foote v. Utah Board of PardonsUtah Supreme Court· 1991-03-14· cited 45×
- State v. PatienceCourt of Appeals of Utah· 1997-08-14· cited 45×
- Smith v. StateCourt of Appeals of Maryland· 1986-11-28· cited 41×
- State v. ThorkelsonCourt of Appeals of Utah· 2004-01-15· cited 38×
- State v. WanosikUtah Supreme Court· 2003-10-24· cited 36×
- State v. JohnsonUtah Supreme Court· 1993-07-16· cited 28×
- State v. WanosikCourt of Appeals of Utah· 2001-08-16· cited 24×
- Neel v. HoldenUtah Supreme Court· 1994-12-07· cited 21×
- State v. VigilCourt of Appeals of Utah· 1992-10-07· cited 20×
- West Valley City v. WalljasperCourt of Appeals of Utah· 2012-09-13· cited 6×
- State v. LindseyCourt of Appeals of Utah· 2014-12-11· cited 6×
- State v. AkersCourt of Appeals of Utah· 2018-12-20· cited 5×
- State v. GomezUtah Supreme Court· 1994-12-13· cited 4×
- State v. OrtonCourt of Appeals of Utah· 2024-10-03· cited 3×
- State v. MoosmanCourt of Appeals of Utah· 2017-01-12· cited 2×
- State v. SmithUtah Supreme Court· 1992-11-25· cited 2×
- State v. BowersCourt of Appeals of Utah· 2012-12-13· cited 1×
Cites
27 cases in this archive are cited by this case; the 20 most cited are listed.
- Solem v. HelmSupreme Court· 1983-06-28· cited 4,242×
- Williams v. New YorkSupreme Court· 1949-06-06· cited 2,766×
- United States v. TuckerSupreme Court· 1972-01-11· cited 2,508×
- Gardner v. FloridaSupreme Court· 1977-03-22· cited 1,935×
- Townsend v. BurkeSupreme Court· 1948-06-14· cited 1,667×
- United States v. GraysonSupreme Court· 1978-06-26· cited 708×
- United States v. John Christopher DoyleSecond Circuit· 1965-10-11· cited 288×
- United States v. Carmine Fatico, and Daniel FaticoSecond Circuit· 1978-06-12· cited 249×
- United States v. Janice Weston, A/K/A Janice WallaceNinth Circuit· 1971-09-03· cited 229×
- Jose Verdugo and Horace Eugene Turner v. United StatesNinth Circuit· 1968-10-07· cited 175×
- State v. GreenSupreme Court of New Jersey· 1973-04-09· cited 155×
- United States v. Herbert BaylinThird Circuit· 1982-12-30· cited 149×
- State v. MarzolfSupreme Court of New Jersey· 1979-02-14· cited 93×
- United States v. Wincel HendrixSecond Circuit· 1974-10-15· cited 88×
- United States v. Byron Steve Madison and James L. BestSeventh Circuit· 1982-09-28· cited 81×
- State v. WoodUtah Supreme Court· 1981-09-21· cited 62×
- United States v. James Bass, Jr.D.C. Circuit· 1976-04-23· cited 59×
- United States v. Reynaldo GarciaFifth Circuit· 1982-11-26· cited 50×
- United States v. MarshallE.D. Wisconsin· 1981-08-04· cited 47×
- State v. CasarezUtah Supreme Court· 1982-12-09· cited 42×
Sourced from CourtListener / Free Law Project (CC0).
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