State v. Kramer’s Empirical Analysis

Citation profile

20 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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““* * * [W]e note this court has long recognized the broad discretion vested in trial courts in passing on motions for new trial based upon newly discovered evidence, and that such motions are not favored in the law and should be closely scrutinized and sparingly granted. * * * [citing authorities]. The underlying rationale for that position is our recognition trial courts are generally in a better position than the reviewing court to determine whether evidence, newly-discovered, would probably lead to a different verdict on retrial. Consequently, we have taken the position ‘ * * findings on conflicting evidence by trial courts on motions for new trial based on newly discovered evidence [should] remain undisturbed except for most extraordinary circumstances * * * ', and this court will not interfere with the trial court’s ruling on such a motion unless it is reasonably clear the court abused its discretion. * * * [citing authorities].””

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

2. ““It shall be presumed that any employee or technician of the criminalistics laboratory is qualified or possesses the required expertise to accomplish any analysis, comparison, or identification done by him in the course of his employment in the criminalistics laboratory. Any report, or copy thereof, or the findings of the criminalistics laboratory shall be received in evidence in any court, preliminary hearing, and grand jury proceeding in the same manner and with the same force and effect as if the employee or technician of the criminalistics laboratory who accomplished the requested analysis, comparison, or identification had testified,in person. An accused person or his attorney may request that such employee or technician testify in person at a criminal trial on behalf of the state before a jury or to the court, by notifying the proper county attorney at least ten days before the date of such criminal trial.””

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

3. ““If the main and essential purpose of confrontation is to secure for the accused the opportunity of cross-examination, (citations), there is no constitutional infirmity in § 749A.2. Here defendant chose not to exercise his right to cross-examine.””

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