Broccoli v. Moran’s Empirical Analysis

Citation profile

6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““touchstone of materiality is a ‘reasonable probability’ of a different result * * *. The question is not whether the defendant would more likely than not have received a different verdict with the evidence, but whether in its absence he received a fair trial, understood as a trial resulting in a verdict worthy of confidence. A ‘reasonable probability’ of a different result is accordingly shown when the government’s evidentiary suppression ‘undermines confidence in the outcome of the trial.’ * * * A defendant need not demonstrate that after discounting the inculpatory evidence in light of the undisclosed evidence, there would not have been enough left to convict. The possibility of an acquittal on a criminal charge does not imply an insufficient evidentiary basis to convict. One * * * [must show] that the favorable evidence could reasonably be taken to put the whole case in such- a different fight as to undermine confidence in the verdict.” Id. at 434-35 , 115 S.Ct. at 1566 , 131 L.Ed.2d at 506 (quoting United States v. Bagley, 473 U.S. 667, 678 , 105 S.Ct. 3375, 3381 , 87 L.Ed.2d 481, 491 (1985)).”

   2 later decisions quote this exact passage
   e.g. Bleau v. Wall · Powers v. State

2. ““[First], the trial justice must determine (1) if the newly discovered evidence actually is newly discovered or available only since the trial, (2) if the petitioner was diligent in attempting to discover the evidence for use at the original trial, (8) that the evidence is hot merely cumulative or impeaching but is also material to the issue, and (4) that the evidence is of a kind that would probably change the verdict at a new trial.” Mastracchio, 698 A.2d at 713 (quoting McMaugh v. State, 612 A.2d 725, 731 (R.I.1992)).”

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