Benvenuto v. State’s Empirical Analysis

Citation profile

11 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “a reasonable proba bility that, but for counsel's unprofessional errors, the result of the proceeding would have been different.”

   2 later decisions quote this exact passage
   e.g. State v. Goode · S.H. v. State

2. “the petitioner had ineffective assistance of counsel in violation of the United States Constitution or Utah Constitution.”

   2 later decisions quote this exact passage
   e.g. S.H. v. State · S.H. v. State

3. “first show that his counsel was objectively unreasonable in failing to find arguable issues to appeal-that is, that counsel unreasonably failed to discover nonfrivolous issues and to file a merits brief raising them. If [a petitioner] succeeds in such a showing, he then has the burden of demonstrating prejudice. That is, he must show a reasonable probability that, but for his counsel's unreasonable failure to file a merits brief, he would have prevailed on his appeal.”

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