2015 UT App 135 - State v. McDaniel’s Empirical Analysis

Citation profile

2 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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “we will not 'assume that the trial court's silence, by itself, presupposes that the court did not consider the proper factors as required by law.' " State v. McDaniel , 2015 UT App 135 , ¶ 5, 351 P.3d 849 (quoting Helms , 2002 UT 12 , ¶ 11, 40 P.3d 626 ). "Rather, we will uphold the sentencing court's decision so long as, based on the record before this court, it would be reasonable to assume that the sentencing court actually considered each factor.”

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

2. “we will not 'assume that the trial court's silence, by itself, presupposes that the court did not consider the proper factors as required by law.'”

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

3. “the gravity and circumstances of the offenses, the number of victims, and the history, character, and rehabilitative needs of the defendant.”

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