Montana v. State’s Empirical Analysis

Citation profile

80 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 80 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “this Court must accept as true the evidence which supports the verdict and will reverse only when convinced that the trial court has abused its discretion in failing to grant a new trial. Only in those cases where the verdict is so contrary to the overwhelming weight of the evidence that to allow it to stand would sanction an unconscionable injustice will this Court disturb it on appeal.”

   8 later decisions quote this exact passage
   e.g. Reed v. State · 53 So. 3d 803 - Roberts v. State

2. “In determining whether a jury verdict is against the overwhelming weight of the evidence, this Court must accept as true the evidence which supports the verdict and will reverse only when convinced that the circuit court has abused its discretion in failing to grant a new trial. Only in those cases where the verdict is so contrary to the overwhelming weight of the evidence that to allow it to stand would sanction an unconscionable injustice will this Court disturb it on appeal.”

   6 later decisions quote this exact passage
   e.g. Ratliff v. State · Davis v. State

3. “The refusal to grant an instruction which is similar to one already given does not constitute reversible error.”

   5 later decisions quote this exact passage
   e.g. Berry v. State · Aaron Lyons v. State of Mississippi