Wallace v. State’s Empirical Analysis

Citation profile

50 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 50 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) the newly discovered evidence was unknown to him at the time of trial; (2) his failure to. discover the new evidence -was not due to his lack of due diligence; (3) the new evidence is admissible and not merely cumulative, corroborative, collateral, or impeaching; and (4) the new evidence is probably true aiid will probably bring about a different result in a new trial.”

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

2. “by denying [the defendant] a hearing on his motion for new trial, the trial court abdicated its fact finding function and effectively prevented [the defendant] from making a record sufficient to challenge on appeal the policy about which he complains”

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

3. “A new trial shall be granted an accused where material evidence favorable to the accused has been discovered since trial.”

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