2008 UT App 48 - State v. McClellan’s Empirical Analysis

Citation profile

7 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[T]o ensure faith in the impartiality and integrity of the criminal justice system, and to prevent a chilling effect on a defendant's willingness to confide in defense counsel, the entire prosecutor's office will be assumed to be privy to the confidences obtained by the former defense lawyer. The prosecutor may rebut this presumption by showing that effective screening procedures have been used to isolate the defendant's former counsel from the prosecution of the substantially related criminal charges.”

   2 later decisions quote this exact passage
   e.g. State v. Balfour · State v. McClellan

2. “[Ble-cause the record on appeal does not include evidence about whether or not [former defense counsel] was sereened from assisting in the prosecution, [the defendant] cannot show that counsel performed deficiently or that he was prejudiced.”

   1 later decision quote this exact passage
   e.g. 2009 UT App 51 - State v. Perry

3. “the prosecutor's office adequately rebutted the presumption of shared confidences and that McClellan's [new] trial counsel was satisfied with the precautions taken to screen Hadfield.”

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