Martinez v. Friede’s Empirical Analysis

Citation profile

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

1. “Here, the trial court granted the new trial on the ground that the jury likely was confused by the extemporized modification to the jury instruction on damages for pain and suffering. There is no dispute as to the fact that [Petitioner’s] counsel participated in the preparation of the modified UJI. Because the fact of the modification of the UJI on damages for pain and suffering was known to [Petitioner] and its possible role in the jury’s failure to award damages for past pain and suffering was known or should have been known to [Petitioner] when she filed her motion for a new trial, Dozier precludes the characterization of [Petitioner’s] motion for a new trial as a Rule [1 — 060(B)] motion. Thus, [Petitioner] is relegated to the remedy provided by Rule 1-059.”

   1 later decision quote this exact passage
   e.g. Martinez v. Friede