State v. Turner’s Empirical Analysis

Citation profile

5 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““In behalf of the defendant objection to this ruling [denying a new trial] is urged upon the ground that the court undertook to pass upon the credibility of the evidence and thereby invaded the province of the jury, State v. Keleher, 74 Kan. 631, 643 , 87 Pac. 738 , being quoted from in support of that contention. That case, as is mentioned in the defendant’s brief, has already been referred to as very exceptional. (State v. Fleeman, 102 Kan. 670 , 171 Pac. 618.) Moreover, since the Keleher decision a new code has been adopted which expressly provides that on the hearing of a motion for a new trial on the ground of newly discovered evidence the opposing party may rebut the new evidence. (R. S. 60-3004.) The provision cited applies in criminal as well as civil cases. (State v. Wellman, 102 Kan. 508 , 170 Pac. 1052 .) There could be little object in presenting rebuttal testimony unless' the judge was expected to weigh conflicting evidence, and to refuse to set aside a verdict merely because of new testimony which is important if true, but which he regards as incredible.” (pp. 367-8.)”

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