Brown v. State’s Empirical Analysis

Citation profile

21 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. “In light of the inherent suspicion surrounding recanted testimony and the public interest in swift and sure justice, we believe the better reasoned approach to be that adopted by the Supreme Court of Kansas: "`When a new trial is sought on the basis of recanting testimony of a prosecution witness, the weight to be given such testimony is for the trial judge passing on the motion for a new trial to determine. The trial judge is required to grant a new trial only when he [or she] is satisfied the recantation of the witness is true.'”

   3 later decisions quote this exact passage
   e.g. Michael Allan Lindstrom v. State · Garza v. State

2. ““(1) That the evidence has come to [appellant’s] knowledge since the trial; (2) that it was not owing to the want of due diligence that it did not come sooner; (3) that it is so material that it would probably produce a different verdict, if the new trial were granted; and (4) that it is not cumulative, viz., speaking to facts in relation to which there was evidence at the trial.””

   2 later decisions quote this exact passage
   e.g. Barnes v. State · Pino v. State

3. “[I]f [the trial court] ... is not reasonably well satisfied that the testimony given by the witness on the trial was false, it should deny the motion [for a new trial], and it is not at liberty to shift upon the shoulders of another jury the responsibility to seek out the truth of that matter.”

   1 later decision quote this exact passage · from the dissent
   e.g. 47 Va. App. 513 - In Re Carpitcher