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State v. Neeley

Citations

  • 748 P.2d 1091
  • 73 Utah Adv. Rep. 53
  • 1988 Utah LEXIS 1
  • 1988 WL 778

How courts have described this case

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

  • holding that the court was within its discretion to deny a cautionary instruction where an accomplice witness was thoroughly cross-examined and testimony was corroborated
  • stating that in appeal after trial of denial of motion to disqualify judge, party appealing must show actual bias even though standard in original motion was lower
  • “the majority view is that a judge who has had previous contact with a defendant on a totally unrelated matter is not per se disqualified”
  • no error where the trial judge prosecuted the defendant twenty years ago on unrelated charges and there was no showing of bias or prejudice during the trial
  • “We do not presume prejudice upon a showing of an irregularity in the proceedings below; rather, we will closely examine the record to determine the effect the error may have had on the outcome of the proceedings.”
  • “Defendants filed a pretrial motion to disqualify [the judge] from presiding at their trial.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Howe, Hall, Durham, Zimmerman, Stewart

Read full opinion on CourtListener

Cited by

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

Cites

13 cases in this archive are cited by this case.

Other cases with this name

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.