State v. Tester’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. “To warrant a new trial on the basis of newly discovered evidence . . . defendant needed to establish all of the following: (1) the new evidence would probably change the result upon retrial; (2) the new evidence was discovered after trial; (3) the evidence could not have been discovered sooner through due diligence; (4) the evidence was material; and (5) the evidence was not merely cumulative or impeaching.”

   1 later decision quote this exact passage
   e.g. Coyle v. Hofmann

2. “clearly could have discovered the videotape through the exercise of due diligence,”

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