State v. White

How courts have described this case

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

• finding witness was not unavailable where defense counsel merely stated that the witness was likely to assert his Fifth Amendment privilege against self-incrimination; the witness had to take the stand and personally assert the privilege for his testimony to be unavailable
• the fact that declarant’s attorney had told defendant’s attorney that declar-ant would assert the fifth amendment privilege did not render declarant unavailable as a witness, as declarant must claim the privilege personally

Source: CourtListener parenthetical corpus (CC0).

Cited by

11 cases in this archive cite this case.

• State v. Menzies
  Utah Supreme Court· 1994-03-29· cited 259×
• State v. Bond
  Utah Supreme Court· 2015-09-30· cited 82×
• State v. Montoya
  Utah Supreme Court· 2004-01-23· cited 75×
• State v. Schreuder
  Utah Supreme Court· 1985-12-27· cited 56×
• State v. Webb
  Utah Supreme Court· 1989-07-21· cited 42×
• State v. Smith
  Utah Supreme Court· 1985-09-19· cited 26×
• State v. Maestas
  Court of Appeals of Utah· 2012-02-24· cited 18×
• Palmer v. State
  Nevada Supreme Court· 1996-06-24· cited 14×
• Bell v. State
  Nevada Supreme Court· 1994-11-30· cited 11×
• Nikols v. GOODMAN & CHESNOFF
  Court of Appeals of Utah· 2009-03-19· cited 4×
• State v. Salsman
  Court of Appeals of Utah· 2024-07-05· cited 1×