2004 UT App 3 - State v. Stubbs’s Empirical Analysis

Citation profile

2 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Even though Stubbs takes his appeal from a jury verdict, we apply the James factors because they were never appropriately considered by the trial court. Further, the court began jury voir dire before even ruling on Stubbs’s motion for a change of venue. This is important because, in Wid-dison, the supreme court recognized that “the unique circumstance of the interlocutory appeal [in James ] ‘afforded us the opportunity to review the denial [of the change of venue motion] before any error committed would be prejudicial to the defendant.’ We reversed the order denying the motion to change venue in order to serve judicial economy.” In Widdison , the defendant filed a motion to change venue in November 1996. The trial court denied the motion, but allowed Widdison to raise the issue again at trial. Widdison’s trial did not begin until April 30,1998. During the nearly eighteen months that elapsed between the time the court denied Widdison’s motion for a change of venue and trial, no interlocutory appeal was taken. By contrast, in this instance, because the trial court did not rule on Stubbs’s motion for a change of venue before trial, Stubbs did not have any opportunity to take an interlocutory appeal and thereby “serve judicial economy.””

   1 later decision quote this exact passage
   e.g. State v. Stubbs