Com. v. Morris’s Empirical Analysis

Citation profile

2 federal appellate · 12 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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “an opportunity to correct its own record with reference to a vital fact not known when the judgment was rendered, and which could not have been presented by a motion for a new trial, appeal, or other existing statutory proceeding. It lies for an error of fact not apparent on the record, not attributable to the applicant’s negligence, and which, if known by the court, would have prevented rendition of the judgment. It does not lie for newly-discovered evidence or newly-arising facts, or facts adjudicated on the trial. It is not available where advantage could have been taken of the alleged error at the trial, as where the facts complained of were known before or at the trial, or where, at the trial, the accused or his attorney knew of the existence of such facts but failed to present them.”

   1 later decision quote this exact passage
   e.g. Sylvain v. Commonwealth

2. “`[i]f a statute is subject to more than one interpretation, we must apply the interpretation that will carry out the legislative intent behind the statute.'”

   1 later decision quote this exact passage
   e.g. Com. v. Amerson

3. “[S]uch errors of fact include cases 'where judgment is rendered against a party after his death, or who is an infant.’”

   1 later decision quote this exact passage
   e.g. Wilson v. Flaherty