Legal Opinion

State v. Herrera

Utah Supreme Court

Decided June 29, 1999No. 980145PublishedCited by 37 opinions

1Opinion of the Court

RUSSON, Justice:

¶ 1 This is the second time this case has come before this court. The first time, Tomas Herrera challenged Utah’s insanity defense statute, Utah Code Ann. § 76-2-305(1), as being unconstitutional on its face. We denied Herrera’s facial challenges and remanded his case for trial. See State v. Herrera, 895 P.2d 359, 363-71 (Utah 1995). After remand, Herrera entered conditional pleas of guilty and mentally ill to two counts of attempted murder. Herrera now appeals his conviction and sentence for those two counts. Herrera contends that the Utah statutes governing both the defense…

2Cases cited29 opinions

  1. United States v. SalernoSupreme Court of the United States · 1987
  2. Solem v. HelmSupreme Court of the United States · 1983
  3. Harmelin v. MichiganSupreme Court of the United States · 1991
  4. Snyder v. MassachusettsSupreme Court of the United States · 1934
  5. Robinson v. CaliforniaSupreme Court of the United States · 1962

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3Cited by37 opinions

  1. Gardner v. GaletkaCourt of Appeals for the Tenth Circuit · 2009
  2. State v. HoustonUtah Supreme Court · 2015
  3. State v. LaffertyUtah Supreme Court · 2001
  4. State v. MartinezUtah Supreme Court · 2002
  5. People v. GrantColorado Court of Appeals · 2007

32 more not listed; retrieve them via the Exa API.

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