Faris v. Rothenberg’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 successor judge, although standing in the shoes of the original trial judge, is at a disadvantage. Not having been present during the trial, the successor judge is handicapped in his ability to assess the credibility of witnesses and the weight to be given the testimony presented.... Accordingly, it would be difficult to rule on a motion for a new trial which challenges the sufficiency of the evidence where the credibility of witnesses is involved.”

   1 later decision quote this exact passage
   e.g. Craig v. Carlson

2. ““If by reason of death, sickness, or other disability, a judge before whom an action has been tried is unable to perform the duties to be performed by the court under these rules after a verdict is returned or findings of fact and conclusions of law are filed, then any other judge sitting in or assigned to the court which the action was tried may perform those duties.... ” (emphasis added)”

   1 later decision quote this exact passage
   e.g. Bergeson v. Midway Development Co. No. 3

3. “[Flederal cases and authorities interpreting the [identical] federal rule are highly persuasive”

   1 later decision quote this exact passage
   e.g. Leaffer v. Zarlengo