101 So. 3d 483 - State v. Richoux’s Empirical Analysis

Citation profile

14 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The court, on motion of the defendant, shall grant a new trial whenever: * ⅜ * (3) New and material evidence that, notwithstanding the exercise of reasonable diligence by the defendant, was not discovered before or during the trial, is available, and if the evidence had been introduced at the trial it would probably have changed the verdict or judgment of guilty[.]”

   2 later decisions quote this exact passage
   e.g. 171 So. 3d 348 - State v. Payne · 138 So. 3d 700 - State v. Henry

2. “A motion for a new trial based on ground (3) of Article 851 shall contain allegations of fact, sworn to by the defendant or his counsel, showing: | a(l) That notwithstanding the exercise of reasonable diligence by the defendant, the new evidence was not discovered before or during the trial; (2) The names of the witnesses who will testify and a concise statement of the newly discovered evidence; (3) The facts which the witnesses or evidence will establish; and (4) That the witnesses or evidence are not beyond the process of the court, or are otherwise available. The newly discovered whereabouts or residence of a witness do not constitute newly discovered evidence.”

   1 later decision quote this exact passage
   e.g. 171 So. 3d 348 - State v. Payne