Commonwealth v. Tweed’s Empirical Analysis

Citation profile

13 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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““[M]otions for new trials based on after-discovered evidence are addressed to the sound discretion of the trial judge, are not looked upon with favor, are considered with special care and caution, and are awarded with great reluctance.” A party who seeks a new trial based upon after-discovered evidence “bears the burden to establish that the evidence (1) appears to have been discovered subsequent to the trial; (2) could not have been secured for use at the trial in the exercise of reasonable due diligence by the movant; (3) is not merely cumulative, corroborative or collateral; and (4) is material, and such as should produce opposite results on the merits at another trial.””

   3 later decisions quote this exact passage · from the majority
   e.g. 45 Va. App. 822 - Orndorff v. Commonwealth · 44 Va. App. 368 - Orndorff v. Commonwealth

2. “are considered with special care and caution, and are awarded with great reluctance.”

   2 later decisions quote this exact passage · from the majority
   e.g. 56 Va. App. 391 - Turner v. Commonwealth · Avent v. Com.

3. “must establish each of these mandatory criteria.”

   1 later decision quote this exact passage · from the majority
   e.g. Avent v. Com.