Lewis v. State’s Empirical Analysis

Citation profile

7 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “requires vacation of the conviction in the interest of justice.”

   2 later decisions quote this exact passage
   e.g. Cook v. State · Angasan v. State

2. “[Allthough the language of Rule 35.1 makes no explicit mention of a newly discovered evidence requirement and speaks broadly of granting relief as necessary "in the interest of justice," we fail to see how the interest of justice would be served by allowing an award of post-conviction relief based on new evidence that would not result in the award of a new trial under the standard embodied in Criminal Rule 33. Construing Rule 35.1(a)(4) to allow new trials to be awarded on more permissive grounds than those provided for under Rule 33-the rule specifically governing new-trial motions-would elevate form over substance, permitting identical claims of newly discovered evidence to be decided differently based solely on the procedure chosen to assert them.”

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

3. “under the Salinas test, but he argued that the Salinas test applied only to motions for a new trial under Criminal Rule 33, and not to petitions for post-conviction relief. 8 Specifically, Lewis argued that a more liberal standard should apply when new evidence is advanced as a basis for post-convietion relief, because the language of Criminal Rule 85.1(a)(4) does not explicitly require a defendant's new evidence to be”

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