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844 P.2d 979

201 UtahAdv.Rep. 69

State v. Strickling

Court of Appeals of Utah

Decided December 3, 1992

Court of Appeals of Utah · decided 1992-12-03

Relies on Vasquez v. Hillery · Burnet v. Coronado Oil & Gas Co. · Burnet v. Coronado Oil & Gas Co.

Good law ✅— No negative treatment on recordhow we know

Decided 1992-12-03

How this case has been cited

Cited by 15 later decisions — most recently December 2025

1 federal appellate · 13 state decisions

1201992200020102020decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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JACKSON, Judge

¶1(concurring):

¶2I concur with the result reached by my colleagues but disagree with the standard of review for reasonable suspicion which they have selected. Although Judge Orme, writing for the panel in State v. Vigil, 815 P.2d 1296, 1299-1300 (Utah App.1991), expressed concern for consistent application of the law as manifested in the doctrine of stare decisis, his opinion here ignores the important concept of stare decisis. Judge Garff’s concurring opinion does likewise. Rather, both prefer to rely upon court of appeals opinions such as State v. Vigil, 815 P.2d 1296 (Utah App.1991); State v. Carter, 812 P.2d 460 (Utah App.1991), cert. denied, 836 P.2d 1383 (Utah 1992), and ignore the rule of law declared by the Utah Supreme Court. The Utah Supreme Court has consistently applied the clearly erroneous standard of review to the issue of reasonable suspicion. State v. Mendoza, 748 P.2d 181, 183 (Utah 1987) (the reviewing court should not overturn the trial court’s determination of reasonable suspicion unless it is clearly erroneous). To date, no supreme court holding subsequent to Mendozahas modified, disavowed, or overruled this standard.

¶3Today’s decision should be controlled

by the important doctrine of stare deci-sis, the means by which we ensure that the law will not merely change erratically, but will develop in a principled and intelligible fashion. That doctrine permits society to presume that bedrock principles are founded in the law rather than in the proclivities of individuals, and thereby contributes to the integrity of our constitutional system of government, both in appearance and in fact.

¶4Vasquez v. Hillery, 474 U.S. 254, 265-66, 106 S.Ct. 617, 624, 88 L.Ed.2d 598 (1986) (quoting Burnet v. Coronado Oil & Gas Co., 285 U.S. 393, 412, 52 S.Ct. 443, 449, 76 *992L.Ed. 815 (1932) (Brandeis, J., dissenting)). Pursuant to this doctrine, reasonable suspicion is to be reviewed under the clearly erroneous standard of review. The principle of stare decisis requires that we “continue the journey until our supreme court chooses to change course.” Cannefax v. Clement, 786 P.2d 1377, 1383 (Utah App.1990) (Jackson, J., concurring), aff'd, 818 P.2d 546 (Utah 1991).

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