Oestrick v. State’s Empirical Analysis

Citation profile

26 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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “1. The newly discovered evidence was unknown to the movant at the time of his trial; 2. The movant’s failure to discover the evidence was not due to his want of diligence; 3. The materiality of the evidence is such as would probably bring about a different result in another trial; and 4. The evidence is admissible, and not merely cumulative, corroborative, collateral or impeaching.”

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

2. “Where a motion for new trial is overruled by operation of law, the trial court’s failure to conduct a hearing, without more, is simply a ‘failure to rule’ on the request for a hearing.... [T]he record ... contains no evidence that the trial court either explicitly or implicitly ruled on the [defendant’s] request for a hearing.”

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

3. “[i]n determining whether counsel’s trial performance was deficient, judicial scrutiny must be highly deferential. A reviewing court must indulge a strong presumption that counsel’s conduct falls within the wide range of reasonable professional assistance.”

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