2012 UT App 286 - State v. Phillips’s Empirical Analysis

Citation profile

8 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[D]efense tactics, whereby counsel admits guilt on a lesser charge in the hope that the jury would then be more receptive to the claim that the defendant was innocent of the far more serious offense and acquit him thereof, is a perfectly acceptable strategy which should not be second guess[ed] by the courts.”

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

2. “(1) that counsel's performance was so deficient as to fall below an objective standard of reasonableness and (2) that but for counsel's deficient performance there is a reasonable probability that the outcome of the trial would have been different.”

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

3. “For this court to hold that counsel acted in an objectively deficient manner, we must be persuaded that there was a lack of any conceivable tactical basis for counsel's actions.”

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