Gavalis v. State’s Empirical Analysis
1922
Citation profile
37 state decisions
How this case has been cited
Cited by 37 later decisions — most recently May 1978 · most notably Tait v. State (1963), Madison v. State (1955)
37 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 Evansville Ice & Cold Storage Co. v. Winsor · Donovan v. State · Dennis v. State · Donahue v. State · Hinshaw v. State
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 37 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Newly-discovered evidence is one of the statutory grounds for a new trial. §2158, Burns 1914, Acts 1905; p. 584, §282. But the mere fact that such evidence is new does not ipso facto warrant the granting of a new trial. It is to be considered in connection with the evidence upon which the accused was convicted, and if when so considered there is a strong probability of innocence, or that the proposed evidence would probably change the result, a new trial should be awarded. Morse v. State (1886), 108 Ind. 599 , 9 N. E. 455 ; Smith v. State (1896), 143 Ind. 685 , 42 N. E. 913 ; Donahue v. State (1905), 165 Ind. 148 , 74 N. E. 996 ; McCoy v. Purcell (1915), 184 Ind. 154 , 110 N. E. 658 ; Stalker v. Breeze (1917), 186 Ind. 221 , 114 N. E. 968 ; Scheigert v. Boyer (1919), 69 Ind. App. 674, 690 , 122 N. E. 670 . “Appellant had the responsibility of making ‘a strong and clear case.’ Swift v. Wakeman (1857), 9 Ind. 552 . The ruling on the motion rested upon all of the evidence which was more or less affected by weight and credibility clearly within the province of the trial court. Under such circumstances, this court will not interfere with such ruling, ex cept upon error plainly shown, which in our judgment has not been done in this case.””
1 later decision quote this exact passagee.g. Morton 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.