Dillon v. State’s Empirical Analysis

Citation profile

17 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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"(a) A motion by a defendant to postpone a trial because of the absence of evidence may be made only on affidavit showing: (1) that the evidence is material; (2) that due diligence has been used to obtain the evidence; and (3) the location of the evidence. (b) If a defendant's motion to postpone is because of the absence of a witness, the affidavit required under subsection (a) must: (1) show the name and address of the witness, if known; (2) indicate the probability of procuring the witness's testimony within a reasonable time; (8) show that the absence of the witness has not been procured by the act of the defendant; (4) state the facts to which the defendant believes the witness will testify, and include a statement that the defendant believes these facts to be true; and (5) state that the defendant is unable to prove the facts specified in accordance with subdivision (4) through the use of any other witness whose testimony can be as readily procured. (c) The trial may not be postponed if: (1) after a motion by the defendant to postpone because of the absence of a witness, the prosecuting attorney admits that the absent witness would testify to the facts as alleged by the defendant in his affidavit in accordance with subsection (b)(4); or (2) after a motion by the defendant to postpone because of the absence of written or documentary evidence, the prosecuting attorney admits that the written or documentary evidence exists. (d) 4 defendant must file an affidavit for a conti”

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