Donahue v. State’s Empirical Analysis
1905
Citation profile
58 state decisions
How this case has been cited
Cited by 61 later decisions (3 by the Supreme Court) — most recently March 1972 · most notably Fisher v. United States (1946), Tow v. State (1926)
58 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Hines v. Driver · Henning v. State · Morrison v. Carey · Baker v. Joseph · State v. McLaughlin
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 61 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““In addition to the defects in the showing which we have pointed out, it remains to be stated that we are unable to review the ruling of the trial court, because there has been no effort to get the evidence which was introduced upon the trial before us. It is thoroughly established that the ruling of a court in refusing a new trial on the ground of newly-discovered evidence will not be considered unless the evidence given upon the trial is in the record. Townsend v. State ex rel. (1859), 13 Ind. 357 ; O’Brian v. State ex rel. (1860), 14 Ind. 469 ; Cowden v. Wade (1864), 23 Ind. 471 ; Harsh v. Kegley (1880), 72 Ind. 398 ; Cooper v. Bartlett (1898), 150 Ind. 693 . As said in Ruddick v. Ruddick (1863), 21 Ind. 163 : ‘How can this court, while in ignorance of the evidence given on the former trial, say what, in connection with that evidence, might be the effect of the newly-discovered evidence, upon another trial?’ ””
1 later decision quote this exact passagee.g. Morton v. State““The peace of society, which demands that there shall be an end of litigation, the temptation to perjury to escape the adverse verdict, and the unconscionable advantage of having two opportunities to win, which the negligent suitor would enjoy, are reasons which conspire to cause courts to look with disfavor on applications for a new trial on the ground of newly-discovered evidence, and to refuse relief in the absence of a clear showing of diligence.””
1 later decision quote this exact passagee.g. Fuller v. State““There was no plea of insanity in the case, and, so far as the special defense of insanity is concerned, it is clear that appellant was not entitled to a new trial on the ground of newly-discovered evidence in order to interpose that defense.””
1 later decision quote this exact passagee.g. Carlin v. State
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.