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← 699 NE2D 266 - Webster v. State

Webster v. State’s Empirical Analysis

1998

Citation profile

30
cited by 30 later decisions
1
states following
October 2013
most recently cited

30 state decisions

How this case has been cited

Cited by 30 later decisions — most recently October 2013 · most notably Mitchell v. State (2001), Jenkins v. State (2000)

30 state decisions

190199820002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Relationships

Relies on Wright v. State · Tillman v. State · Bradford v. State · United States v. Grey Bear · Nunn v. State

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

  1. “(1) the evidence has been discovered since the trial; (2) it is material and relevant; (3) it is not cumulative; (4) it is not merely impeaching; (5) it is not privileged or incompetent; (6) due diligence was used to discover it in time for trial; (7) the evidence is worthy of credit; (8) it can be produced upon a retrial of the case; and (9) it will probably produce a different result at retrial.”
    2 later decisions quote this exact passage
  2. “Denials of a motion for a new trial are reviewed for an abuse of discretion. Under Trial Rule 59(A), to warrant a new trial based on newly discovered evidence, the movant must show that the evidence (1) has been discovered since the trial; (2) is material and relevant; (8) is not cumulative; (4) is not merely impeaching; (5) is not privileged or incompetent; (6) was not discoverable upon due diligence in time for trial; (7) is worthy of credit; (8) can be produced on a retrial of the case; and (9) will probably produce a different result. Motions for a new trial based upon newly discovered evidence are viewed with disfavor. The movant has the burden of showing that the newly discovered evidence meets all nine prerequisites for a new trial.”
    1 later decision quote this exact passage
  3. “when ruling on a motion for a new trial based on newly discovered evidence the trial court must assess the credibility of any proffered new evidence”
    1 later decision quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.