2013 UT App 216 - State v. Binkerd’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. “counsel is in the best position to gauge the defendant's likelihood of defeating a charge outright and to weigh the possibility that acquittal is not in the cards but that a jury might be satisfied with a conviction on a lesser charge.”

   1 later decision quote this exact passage · from the majority
   e.g. Jackson v. State

2. “as the rule requires. Utah R..Civ. P. 56(e). 7 . In a similar vein, this court generally affords deference to defense counsel's decision to request or not request a lesser-included-offense instruction in recognition that”

   1 later decision quote this exact passage · from the majority
   e.g. Jackson v. State

3. “[It is not necessary for the accomplice to have the same intent that the principal actor possessed as long as the accomplice intended that an offense be committed.”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Beckering