Berry v. State’s Empirical Analysis

Citation profile

32 federal appellate · 7 district · 157 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 232 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““1st. That the evidence has come to his knowledge since the trial. 2d. That it was not owing to the want of due diligence that it did not come sooner. 3d. That it is so material that it would probably produce a different verdict, if the new trial were granted. 4th. That it is not cumulative only — viz.: speaking to facts, in relation to which there was evidence on the trial. 5th. That the affidavit of the witness himself should be produced, or its absence accounted for. And 6th, a new trial will not be granted, if the only object of the testimony is to impeach the character or credit of a witness.””

   3 later decisions quote this exact passage
   e.g. United States v. Costello · United States v. DeSapio

2. ““Here, under tbe fullest inspiration of excited genius, they may give vent to their glowing conceptions, in thoughts that breathe and words that bum. Hay more, giving reins to their imagination, they may permit the spirit of their heated ■enthusiasm to swing and sweep beyond the flaming bounds of .■space and time — exira flammantia mcenia mundi.””

   1 later decision quote this exact passage
   e.g. Ruhland v. Cole

3. “But let nothing tempt them to pervert the testimony or surreptitiously array before the jury facts which, whether true or not, have not been proven.” (Berry v. State, 10 Ga. 523 .)”

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