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Utah Supreme Court· 7/31/1998

State v. Rudolph

Citations

  • 970 P.2d 1221
  • 349 Utah Adv. Rep. 11
  • 1998 Utah LEXIS 59
  • 1998 WL 430333

How courts have described this case

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

  • holding that where the defendant \stated that he wanted the trial to proceed\ before the same trial judge who was the subject of his earlier motion to recuse, he waived his right to object to the judge's participation in the matter
  • stating that a defendant generally waives any double jeopardy defense if he or she seeks a mistrial
  • stating that “courts are not to infer substantive terms into the text that are not already there,” and emphasizing that “the court has no power to rewrite the statute to conform to an intention not expressed” (quotation simplified)
  • addressing whether collateral estoppel precluded the defendant’s aggravated burglary conviction when one of the burglary elements was intent to commit sexual assault and the jury had acquitted him on the sexual assault charge
  • \[T]he double jeopardy guarantee . . . protects a defendant from . . . a second prosecution for the same offense after acquittal. . . . \

Source: CourtListener parenthetical corpus (CC0).

Judges: Howe, Durham, Zimmerman, Russon, Howe'S, Stewart

Read full opinion on CourtListener

Cited by

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

Cites

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

Other cases named State v. Rudolph

38 other CourtListener records share this case 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.