State v. Spearin’s Empirical Analysis

Citation profile

5 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Rule 33 is amended to clarify the procedure for handling motions for new trial on the ground of newly discovered evidence when an appeal is pending. It authorizes the Superior Court to hold a hearing on the motion and to deny it. If the Superior Court Justice would grant the motion, he is to file a certificate in writing with the clerk stating that he would grant the motion, which certificate should be filed, docketed and forwarded to the clerk of the Law Court. The Law Court may then either immediately remand the case to permit the Superior Court Justice to grant the motion for a new trial or it may elect to decide the appeal before remanding the case. In the latter event if the Law Court sets aside the judgment and orders a new trial there would be no occasion for the Superior Court Justice to formally grant the motion for a new trial on remand. However, if the judgment is affirmed by the Law Court, upon remand the Superi- or Court Justice could then enter an order granting the new trial on the ground of newly discovered evidence. If the Superior Court denies the motion while an appeal is pending, defendant may appeal from that denial and supplement the record in the Law Court in order that the denial of a motion for a new trial may be considered along with the basic appeal.”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Walker

2. “out of concern for basic fairness to defendant and for full development of [an] adequate record[ ] for appellate review”

   1 later decision quote this exact passage · from the majority
   e.g. Jonathan A. Petgrave v. State of Maine