Lucero v. State’s Empirical Analysis

Citation profile

4 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “To prevail, [a criminal defendant] must establish both prongs of an ineffective assistance of counsel claim articulated' in Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984). First, he must show that “counsel’s performance was deficient.” Id. at 687 , 104 S.Ct. 2052 . Counsel’s performance, however, is not deficient “if counsel refrains from making futile objections, motions, or requests” Layton City v. Carr, 2014 UT App 227, ¶ 19 , 336 P.3d 587 (citation and internal quotation marks omitted). Second, [the criminal defendant] must show that his counsel’s “deficient, performance prejudiced the defense.” Strickland, 466 U.S. at 687 , 104 S.Ct. 2052 . A failure to make the required showing of either prong under Strickland “defeats the ineffectiveness claim” Id. at 700 , 104 S.Ct. 2052 .”

   1 later decision quote this exact passage
   e.g. 2017 UT App 97 - McCamey v. State

2. “[b]ecause statutes of limitations are procedural in nature, a legislative amendment enlarging a limitation period may be applied retroactively to crimes committed before the amendment where the limitations defense has not accrued to the defendant before the amendment becomes effective”

   1 later decision quote this exact passage
   e.g. 2018 UT App 129 - Garcia v. State

3. “limitations period had not yet expired-let alone been triggered-because ... [the crimes] had not been reported to a law enforcement agency at the time of the repeal of the earlier statute in 2008”

   1 later decision quote this exact passage
   e.g. 2018 UT App 129 - Garcia v. State