State v. Hobson’s Empirical Analysis

Citation profile

12 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ ‘The granting of a new trial for newly discovered evidence is in the trial court’s discretion. (State v. Larkin, 212 Kan. 158 , 510 P.2d 123 , cert. den. 414 U.S. 848 , 38 L. Ed. 2d 95 , 94 S. Ct. 134 .) A new trial should not be granted on the ground of newly discovered evidence unless the evidence is of such materiality that it would be likely to produce a different result upon re-trial. (State v. Hale, 206 Kan. 521 , 479 P.2d 902 .) The credibility of the evidence offered in support of the motion is for the trial court’s consideration. (State v. Anderson, 211 Kan. 148 , 505 P.2d 691 ; State v. Larkin, [212 Kan, 158].) The burden of proof is on defendant to show the alleged newly discovered evidence could not with reasonable diligence have been produced at trial. (State v. Lora, 213 Kan. 184 , 515 P.2d 1086 ; State v. Arney, 218 Kan. 369 , 544 P.2d 334 .) The appellate review of an order denying a new trial is limited to whether the trial court abused its discretion. (State v. Campbell, 207 Kan. 152 , 483 P.2d 495 ; State v. Anderson, [ 211 Kan. 148 ].)’ ” 237 Kan. at 66.”

   3 later decisions quote this exact passage · from the majority
   e.g. State v. Munyon · State v. Ransom