54 Okla. Crim. 49 - Beaver v. State’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. ““Before the trial court can justifiably grant a new trial on the ground of newly discovered evidence, certain elements and fundamentals must exist; that is, that if the newly discovered evidence had been introduced at the trial, there is a reasonable probability that a different result would have been reached; that the defendant must exercise due diligence; that the newly discovered evidence sought to be introduced is not cumulative or for the purpose of impeachment; that the affidavit should state a fact, not a mere conclusion; that the affidavit should set out the newly discovered evidence and not a possibility that same might be secured; and that a motion is addressed to the sound discretion of the trial court.””

   1 later decision quote this exact passage
   e.g. 96 Okla. Crim. 314 - Zuniga v. State