Fragiao v. State’s Empirical Analysis

Citation profile

1 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 1 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Unless and until the requirements of Richie and [HRPC Rules 1.7(b) and 1.8(f)] are satisfied, the lawyer selected and/or paid by a third party may not represent the defendant. When the defendant does not consent after full consultation, it is the defendant's burden to seek and obtain an alternative.... ... It is Fragiao's burden to show that Ball did not obtain Fragiao's consent after full consultation. Richie , 88 Hawai`i at 45, [ 960 P.2d at 1253 ]. In our view, Fragiao did as much as he could to prove the negative.... There is no evidence of consultation or consent.”

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

2. “provides: A lawyer shall not represent a client if the representation of that client may be materially limited by the lawyer's responsibilities to another client or to a third person, or by the lawyer's own interests, unless: (1) the lawyer reasonably believes the representation will not be adversely affected; and (2) the client consents after consultation. (Emphases added.) Comment 4 to Rule 1.7, regarding”

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

3. “at a time when the County intended and, in fact, did sue Officer Fragiao [in the civil cases] for indemnification arising out of the same facts and circumstances which were the subject of the [c]riminal [p]roceeding.”

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