State v. Medina’s Empirical Analysis

Citation profile

24 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 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[n]o party may assign as error any portion of the charge or omission therefrom unless he [or she] objects thereto before the jury is instructed, stating-distinctly the matter to which he objects and the ground of his objection. Notwithstanding a party’s failure to object, error may be assigned to instructions to avoid a manifest injustice.”

   3 later decisions quote this exact passage
   e.g. State v. Lactod · State v. Blubaugh

2. “[Tihe fact remains that counsel consciously chose not to assert any objection that might have been raised and affirmatively led the trial court to believe that there was nothing wrong with the instruction.”

   3 later decisions quote this exact passage
   e.g. State v. Winfield · 2013 UT App 216 - State v. Binkerd

3. “First, it is based almost entirely on self-serving affidavits that are not part of the record. For obvious reasons, we cannot accept after-the-fact claims that there was a conflict with counsel, unless the defendant has made his disagreement with counsel apparent on the record. Second, defense counsel’s decision ... was a trial tactic or strategy and, as such, was within the prerogative of trial counsel and [could] not be dictated by [the] client. Decisions as to ... what objections to make ... are generally left to the professional judgment of counsel.”

   1 later decision quote this exact passage
   e.g. Medina v. Cook