People v. Phung’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. “[T]he home life that this man had was terrible. His mother [isn't] in the situation[; his] older brother is in the gang. [Defendant] was doing very well. Probation interviewed the people at the group home that he was living at simply because mother couldn't take care of anybody, and they were very, very surprised. He was doing so well. ... [H]e was having tattoos removed to try and get away ... from the problem of gangs. But when you have nowhere to live and you have brothers, your friends, older brothers and their friends that are gang members, it makes it very, very difficult. [¶] ... [T]his young man found himself in a very difficult position. I think the evidence was pretty clear that he did not know about a gun, that ... he wasn't present when the people came to the party and they talked about some sort of revenge. He had already left. He was at [his] ex-girlfriend's house, and it was the brother coming back by to pick him up because he was going to stay with the brother. And he gets in the backseat of the car, not his brother's car but someone else['s], and they're going over to where this confrontation may[ ]be. [¶] The [interrogating] officer got what he wanted ... him to say, '[W]ell, I'd help out if there was a fight.' [¶] And those words are what got him a second degree murder conviction.”

   1 later decision quote this exact passage
   e.g. People v. Phung

2. “( Franklin , at p. 284, 202 Cal.Rptr.3d 496 , 370 P.3d 1053 .) Sections 3051 and 4801 (together with the bans on death penalty, LWOP, and de facto LWOP sentences established in Roper , Graham , Miller , Caballero , and Franklin ) guarantee that imposition of punishment on a juvenile offender in this State proceeds with full recognition that he or she was a child when committing the crime. In sum, Franklin does not contravene Miller . And, in any case, defendant did, in fact, receive individualized sentencing from the trial judge, who expressly considered”

   1 later decision quote this exact passage
   e.g. People v. Phung

3. “and drove after the SUV onto Westminster Boulevard. Together with Tran's car, at least two other cars chased the SUV. When the SUV was in the middle lane, Tran's car switched to the left lane and was a little bit behind the SUV. Nguyen told Tran to accelerate. Tran's car pulled up to the driver's side of the SUV. Nguyen shouted at the people in the SUV through the car's open window, asking what gang they were from. Nguyen had the gun Huynh had seen earlier. Inside the SUV, Scottie Bui (a POV gang member) said,”

   1 later decision quote this exact passage
   e.g. People v. Phung