172 Ind. App. 476 - Wilson v. State’s Empirical Analysis

Citation profile

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

1. “On consideration of the granting of a new trial, the trial judge has an affirmative duty to weigh conflicting evidence. The trial judge sits as a “thirteenth juror” and must determine whether in the minds of reasonable men a contrary verdict should have been reached. An appellate court cannot assume the responsibility of weighing conflicting evidence in reviewing the trial judge’s action on a motion for a new trial (here a motion to correct error). The sole duty of an appellate court is to examine the record to see if: (a) The trial court abused its judicial discretion; (b) A flagrant injustice has been done the appellant; or (c) A very strong case for relief has been made by the appellant.”

   1 later decision quote this exact passage
   e.g. Thompson v. State