2010 UT App 355 - State v. Millard’s Empirical Analysis

Citation profile

15 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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “defendant must show that a reasonable probability exists that, but for counsel's error, the result would have been different.”

   7 later decisions quote this exact passage
   e.g. Layton City v. Carr · State v. Salt

2. “'To show prejudice in the ineffective assistance of counsel context, the defendant bears the burden of proving that counsel's errors actually had an adverse effect on the defense and that there is a reasonable probability that, but for counsel's errors, the result of the proceeding would have been different.”

   3 later decisions quote this exact passage
   e.g. State v. Potter · 2012 UT App 264 - State v. Bryant

3. “In the event it is 'easier to dispose of an ineffectiveness claim on the ground of lack of sufficient prejudice, we will do so without analyzing whether counsel's performance was professionally unreasonable.”

   3 later decisions quote this exact passage
   e.g. State v. Potter · State v. Lee