State v. Harding’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 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.”

   2 later decisions quote this exact passage
   e.g. State v. Marshall · State v. Kelly

2. “was merely corroborative of evidence which [defendant] could himself have presented, and which he elected not to disclose, to the jury. Under analogous circumstances, we said in State v. Flaherty, Me., 340 A.2d 212 (1975) that such tactical decision estops the defendant from seeking a new trial on the ground of newly discovered evidence.”

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