39 Va. App. 229 - Evans v. Commonwealth’s Empirical Analysis

Citation profile

9 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Motions 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 . The applicant bears the burden to establish that the evidence (1) appears to have been discovered subsequent to trial; (2) could not have been secured for use at the trial in the exercise of reasonable 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.”

   1 later decision quote this exact passage
   e.g. 41 Va. App. 37 - Johnson v. Commonwealth

2. “An affidavit is a declaration in writing made by a person under oath and administered before a person authorized by law.”); see generally Perkins v. Crittenden, 462 S.W.2d 565 (Tex. 1970). It is noteworthy that the term”

   1 later decision quote this exact passage
   e.g. Scarborough v. Wright

3. “the trial judge should not have dismissed [the] motion [for a new trial] without first conducting an adequate investigation upon evidence properly presented at a hearing”

   1 later decision quote this exact passage
   e.g. 41 Va. App. 37 - Johnson v. Commonwealth