Choisnet v. State’s Empirical Analysis

Citation profile

28 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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “A trial court reviewing a motion for new trial based on these grounds has a duty to exercise its discretion and weigh the evidence and consider the credibility of the witnesses.”

   2 later decisions quote this exact passage
   e.g. TAYLOR v. the STATE. · 347 Ga. App. 199 - JACKSON v. the STATE

2. “a trial court does not fulfill its duty to exercise its discretion when it applies the standard set out in Jackson v. Virginia to the statutory grounds for new trial.”

   2 later decisions quote this exact passage
   e.g. 343 Ga. App. 282 - Whitmire v. State · 348 Ga. App. 190 - The State v. Wilkerson.

3. “the trial court failed to apply the proper standard in assessing the weight of the evidence as requested by [Whitmire] in his motion for new trial. For this reason, we vacate the denial of the motion for new trial, and we remand for the trial court to apply the proper standard to the general grounds and to exercise its discretion to sit as a "thirteenth juror" pursuant to OCGA §§ 5-5-20 and 5-5-21.”

   1 later decision quote this exact passage
   e.g. 343 Ga. App. 282 - Whitmire v. State