State v. Terry’s Empirical Analysis

Citation profile

23 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 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “1. The facts constituting the newly discovered evidence have come to the mov-ant’s knowledge after the end of the trial; 2. Movant’s lack of prior knowledge is not owing to any want of due diligence on his part; 3. The evidence is so material that it is likely to produce a differen[t] result at a new trial; and 4. The evidence is neither cumulative only nor merely of an impeaching nature.”

   4 later decisions quote this exact passage
   e.g. State v. Nylon · State v. Heckadon

2. “[T]here are exceptional circumstances in which impeachment is reason to remand to the trial court to grant a new trial at the appellate court's discretion.”

   2 later decisions quote this exact passage
   e.g. State v. Shelton · State v. Vickers

3. “[ Peal’s] motion is not within the time limits for filing a motion for a new trial pursuant to Rule 29.11(b) because that limit is 25 days after the verdict. 9 Once the time for filing a motion for a new trial has passed, the Missouri rules have no provision for the granting of a new trial based on newly discovered evidence even if the evidence is available prior to sentencing. 10 Additionally, new evidence that is not in the record should not be considered on appeal. Generally, this Court will not remand a case before an appeal is concluded if the lone fact of newly discovered evidence is not enough to grant a new trial. But an appellate court has the inherent power to prevent a miscarriage of justice or manifest injustice by remanding a case to the trial court for consideration of newly discovered evidence presented for the first time on appeal. An appellate court will exercise this power in its discretion.”

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