State v. Cowan’s Empirical Analysis

Citation profile

2 federal appellate · 6 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “new, competent, relevant and material evidence dehors the record”

   3 later decisions quote this exact passage
   e.g. State v. Williams, 07 Ma 57 (3-11-2008) · State v. Frazier, L-07-1388 (9-30-2008)

2. “A petitioner * * * cannot overcome the res judicata bar merely by providing evidence dehors the record. To defeat the application of res judicata , the evidence dehors the record must meet some threshold level of cogency. It must * * * be more than marginally significant, and advance the claim `beyond mere hypothesis and a desire for further discovery.' Thus, it must not be cumulative of or alternative to evidence presented at trial. The evidence `must be more than evidence which was in existence and available to the defendant at the time of the trial and which could and should have been submitted at trial if the defendant wished to make use of it.'”

   1 later decision quote this exact passage
   e.g. State v. Williams, 07 Ma 57 (3-11-2008)

3. “[t]o defeat the application of res judicata, the evidence dehors the record * * * must not be cumulative of or alternative to evidence presented at trial. The evidence `must be more than evidence which was in existence and available to the defendant at the time of the trial and which could and should have been submitted at trial if the defendant wished to make use of it.'”

   1 later decision quote this exact passage
   e.g. State v. Frazier, L-07-1388 (9-30-2008)