439 So. 2d 1099 - State v. Korman’s Empirical Analysis
1983
Citation profile
217 state decisions
How this case has been cited
Cited by 217 later decisions — most recently June 2017 · most notably 459 So. 2d 31 - State v. Richardson (1984), 600 So. 2d 751 - State v. Combs (1992)
217 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 Jackson v. Virginia · Tibbs v. Florida · Hudson v. Louisiana · 422 So. 2d 123 - State v. Graham · 375 So. 2d 1165 - State v. Mathews
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 217 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"It is our view, and we so hold, that only the weight of the evidence can be reviewed by the trial judge in a motion for new trial under C.Cr.P. Art. 851. The trial judge can grant a new trial only if dissatisfied with the weight of the evidence, and in so determining the trial judge makes a factual review as a thirteenth juror rather than under the Jackson standard. If he grants a new trial because of the weight of the evidence, that new trial can proceed without being barred by double jeopardy. Tibbs v. Florida, supra. Such a determination by the trial judge is not subject to review by the appellate courts because of Louisiana Constitution Article 10, Sec. 10(B) and C.Cr.P. Art. 858. "On the other hand, if the trial judge finds the evidence legally insufficient, he must do so under C.Cr.P. Art. 821 which decision is subject to appellate review on application of the state. The trial judge cannot act as a thirteenth juror in reviewing a jury verdict under C.Cr.P. Art. 821, but must review under the much more restrictive Jackson standard."”
10 later decisions quote this exact passage · from the concurrence“whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.”
4 later decisions quote this exact passage · from the concurrence“1) The verdict is contrary to the law and the evidence; 2) The evidence does not sustain the verdict; 3) The court erred in failing to sustain defendant's request for a new trial based upon prosecutorial misconduct.”
2 later decisions quote this exact passage · from the concurrence
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.