Drane v. State’s Empirical Analysis

Citation profile

1 federal appellate · 10 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “final” chance for relief. The statutes which control extraordinary motions for new trial based on newly discovered evidence require a defendant to act without delay in bringing such a motion. OCGA §§ 5-5-23 and 5-5-41 (Code Ann. §§ 70-204 and 70-303). The obvious reason for this requirement is that litigation must come to an end. Drane v. State, 728 S.E.2d 679 , 2012 WL 2369437 , at (Ga.2012) (quoting Llewellyn v. State, 252 Ga. 426 , 314 S.E.2d 227 , 229 (1984)); see also Davis v. State, 283 Ga. 438 , 660 S.E.2d 354 , 359 (2008) (”

   1 later decision quote this exact passage
   e.g. Gary v. Warden, Georgia Diagnostic Prison

2. “(1) that the evidence has come to his knowledge since the trial; (2) that it was not owing to the want of due diligence that he did not acquire it sooner; (3) that it is so material that it would probably produce a different verdict; (4) that it is not cumulative only; (5) that the affidavit of the witness himself should be procured or its absence accounted for; and (6) that a new trial will not be granted if the only effect of the evidence will be to impeach the credit of a witness.”

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

3. “an extraordinary motion for a new trial, as contrasted with a motion for a new trial made within 30 days of a judgment, is not favored; consequently, a stricter rule is applied to an extraordinary motion for a new trial based on the ground of newly available evidence than to an ordinary motion on that ground.”

   1 later decision quote this exact passage
   e.g. Earnest Ray White v. State