State v. Heald’s Empirical Analysis

Citation profile

8 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““(1) that the evidence is such as will probably change the result if a new trial is granted, (2) that it has been discovered since the trial, (3) that it could not have been discovered before the trial by the exercise of due diligence, (4) that it is material to the issue, and (5) that it is not merely cumulative or impeaching, unless it is clear that such impeachment would have resulted in a different verdict.””

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

2. “As the Justice’s responsibility of hearing the new testimony, observing the conduct of the witness, weighing the value of the evidence and its potential for resulting in a different verdict if presented at a new trial ... is essentially a determination of fact, his decision must stand on appeal unless it is clearly erroneous.”

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

3. “The court on motion of the defendant may grant a new trial to him if required in the interest of justice. ... A motion for a new trial based on the ground of newly discovered evidence may be made only before, or within two years after, final judgment.”

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