141 Ohio App. 3d 578 - State v. Roberts’s Empirical Analysis

Citation profile

18 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(6) When new evidence material to the defense is discovered, which the defendant could not with reasonable diligence have discovered and produced at trial. *** {¶ 27}”

   3 later decisions quote this exact passage
   e.g. State v. Garrett, 08ap-104 (7-10-2008) · State v. Ward, Unpublished Decision (10-20-2003)

2. “(A) Grounds. A new trial may be granted on motion of the defendant for any of the following causes affecting materially his substantial rights: {¶ 25} "*** {¶ 26} "(6) When new evidence material to the defense is discovered, which the defendant could not with reasonable diligence have discovered and produced at trial. *** {¶ 27} "(B) Motion for new trial; form, time. *** {¶ 28} "Motions for new trial on account of newly discovered evidence shall be filed within one hundred twenty days after the day upon which the verdict was rendered, or the decision of the court where trial by jury has been waived. If it is made to appear by clear and convincing proof that the defendant was unavoidably prevented from the discovery of the evidence upon which he must rely, such motion shall be filed within seven days from an order of the court finding that he was unavoidably prevented from discovering the evidence within the one hundred twenty day period.”

   1 later decision quote this exact passage
   e.g. State v. Taylor, Unpublished Decision (10-31-2003)

3. “the defendant must produce at the hearing on the motion, in support thereof, the affidavits of the witnesses by whom such evidence is expected to be given, and if time is required by the defendant to procure such affidavits, the court may postpone the hearing of the motion for such length of time as is reasonable under all the circumstances of the case.”

   1 later decision quote this exact passage
   e.g. State v. Ward, Unpublished Decision (10-20-2003)