Callier v. Warden’s Empirical Analysis

Citation profile

2 district · 10 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) the evidence must be newly discovered; (2) it must be material to the defense; (3) it could not have been discovered and produced for trial even with the exercise of reasonable diligence; (4) it must not be cumulative; (5) it must indicate that a different result is probable on retrial; (6) it must not simply be an attempt to contradict or discredit a former witness; and (7) it must be the best evidence the case admits.”

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

2. “1. The trial court’s satisfaction that the trial testimony of a material witness was false. 2. The evidence showing the false testimony was introduced at trial is newly discovered. 3. The evidence could not have been discovered and produced at trial even with the exercise of reasonable diligence. 4. It is probable that had the false testimony not been admitted, a different result would have occurred at trial.”

   1 later decision quote this exact passage · from the majority
   e.g. 482 F. Supp. 2d 1180 - Hays v. Farwell