21 N.C. App. 662 - State v. Shelton’s Empirical Analysis

Citation profile

14 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““A new trial on the basis of newly-discovered evidence will generally be refused when the sole object of the new evidence is to discredit or impeach a witness on the opposite side. However, when the newly-discovered impeachment evidence comes within the following rules, a new trial will be granted: (1) The evidence must appear to have been discovered since the trial, and, from the affidavit of the new witness, what such evidence will be, or its absence satisfactorily explained. (2) The facts must appear in his affidavit that the party was diligent in ascertaining and securing his evidence, and that the new evidence is such that due diligence would not have secured it before the verdict. (3) The evidence must be new and material, and not merely cumulative. (4) The evidence must be such as ought to produce an opposite result at a second trial on the merits.””

   1 later decision quote this exact passage
   e.g. 170 W. Va. 701 - State v. Nicholson

2. ““1. That the witness or witnesses will give the newly discovered evidence. (Citations omitted.) 2. That such newly discovered evidence is probably true. (Citations omitted.) 3. That it is competent, material and relevant. (Citations omitted.) 4.That due diligence was used and proper means were employed to procure the testimony at trial. (Citations omitted.) 5. That the newly discovered evidence is not merely cumulative. (Citations omitted.) 6. That it does not tend only to contradict a former witness or to impeach or discredit him. (Citations omitted.) 7.That it is of such a nature as to show that on another trial a different result will probably be reached and that the right will prevail. (Citations omitted.)””

   1 later decision quote this exact passage
   e.g. 25 N.C. App. 71 - State v. Heath

3. ““The courts may grant new trials in criminal cases when the defendant is found guilty, under the same rules and regulations as in civil cases.” G.S. 1A-1, Rule 59(a), in pertinent part reads: “A new trial may be granted to all or any of the parties and on all or part of the issues for any of the following causes or grounds: * * * (4) Newly discovered evidence material for the party making the motion which he could not, with reasonable diligence, have discovered and produced at the trial”

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