2012 UT App 47 - State v. Milligan’s Empirical Analysis

Citation profile

10 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"Thus, where an illegal sentence may be corrected without any legal analysis or further exercise of judicial discretion, and the defendant has already been afforded an opportunity to appear and defend in the original sentencing hearing, little if any purpose is served by holding yet another hearing prior to amending the sentencing order. On the other hand, where the re-sentencing involves more than a mere correction and a defendant's argument may influence the outcome, the «defendant 'should be allowed an opportunity to appear before the court and defend against the amendment." _- .”

   3 later decisions quote this exact passage
   e.g. State v. Michael W. Tobin · 2015 UT App 23 - State v. Samul

2. “'[tlhe right to presence and allocution does not apply when a court considers a motion to correct a clerical error ... so long as the [original sentencing] hearing was held in [defendant's] presence and defendant had an opportunity to speak.'”

   2 later decisions quote this exact passage · from the majority
   e.g. 2015 UT App 23 - State v. Samul · 2015 UT App 212 - State v. Apadaca

3. “[unless the trial court's determination is plainly wrong in that the incident so likely influenced the jury that the defendant cannot be said to have had a fair trial.”

   2 later decisions quote this exact passage
   e.g. 2015 UT App 193 - State v. Martinez · State v. Dalton