State v. Cooper’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. ““In reviewing an order overruling a motion to discharge the defendant in a criminal case, the Supreme Court on appeal examines the record to determine whether there is an absence of substantial evidence proving or tending to prove the essential elements of the crime charged. If from all the facts and circumstances disclosed by the evidence the jury might have reasonably drawn an inference of guilt, the defendant’s motion for discharge is properly overruled and the verdict of guilty will not be disturbed.””

   2 later decisions quote this exact passage · from the majority
   e.g. State v. Gregory · State v. Simpson

2. “"Assuming that this testimony came to the knowledge of the plaintiffs since the former trial, that it is material, and that it is not cumulative, it does not necessarily follow that they are entitled to a new trial. It has been repeatedly held by this and other courts that before a new trial will be granted upon the ground of newly-discovered evidence, it must affirmatively appear that it was through no want of diligence on the part of those applying for the new trial that the evidence was not earlier discovered and produced at the trial."”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Oswald

3. ““In a criminal action which is defended by the accused on the theory of alibi, an inconsistent defense presented at the hearing on the motion for a new trial on the ground of newly discovered evidence is unavailing, all as more particularly set forth in the opinion.” (Syl. ¶ 4.)”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Wood