Carter v. State’s Empirical Analysis

Citation profile

22 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 22 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.”

   11 later decisions quote this exact passage
   e.g. Gregory Dickens v. State of Indiana · Bunch v. State

2. “'Fundamental error is a substantial blatant violation of basic principles rendering the trial unfair to the defendant and, thereby, depriving the defendant of fundamental due process. The error must be so prejudicial to the rights of a defendant as to make a fair trial impossible.”

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

3. “the failure to impeach a witness does not raise a reasonable probability that the result of the proceeding would have been different.”

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