State v. Nickerson’s Empirical Analysis
1987
Citation profile
3 federal appellate · 14 state decisions
How this case has been cited
Cited by 22 later decisions — most recently April 2012
3 federal appellate · 14 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on State v. Morgan · State v. Milby · State v. Beaver · State v. Casey · State v. Wright
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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[t]here is a difference between recanted testimony and newly discovered evidence. Newly discovered evidence is evidence which was in existence but not known to a party at the time of trial. Recanted testimony is testimony which has been repudiated by a party who gave it. Recanted testimony is not evidence which existed at the time of trial because the recanting witness would not have testified to it at trial. A motion for a new trial on the basis of recanted testimony is for the purpose of removing testimony from a jury. A motion for a new trial based on newly discovered evidence is for the purpose of putting new evidence before a jury.”
1 later decision quote this exact passage“1. That the witness or witnesses will give newly discovered evidence. 2. That such newly discovered evidence is probably true. 3. That it is competent, material and relevant. 4. That due diligence was used and proper means were employed to procure the testimony at the trial. 5. That the newly discovered evidence is not merely cumulative. 6. That it does not tend only to contradict a former witness or to impeach or discredit him. 7. That it is of such a nature as to show that on another trial a different result will probably be reached and that the right will prevail.”
1 later decision quote this exact passagee.g. State v. Britt“We hold the reading of the statement was admissible under the rule. The testimony of [the witness] showed that he once had knowledge about the matter but at the time of the trial could not recall it sufficiently to testify about it at trial. He testified further that he told the truth to the deputy and saw him write it down. He then signed the statement. This satisfies the requirement of the Rule that the statement be adopted by the witness when the matter was fresh in his memory and reflected his knowledge accurately.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.