In Re Schechtel’s Empirical Analysis

Citation profile

6 federal appellate · 2 district · 50 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 60 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““These cases are based upon the principle that even though the accused under a pending indictment may be confined to a penal institution of the same sovereign, he is, nevertheless, in the actual custody and control of that sovereign and by its authority and at its will may be produced in court for trial upon the untried charge and that a. delay Of the trial thereon beyond a reasonable time, as contemplated or fixed by constitutional or statutory provisions, entitled the accused to a dismissal of the pending indictment upon precisely the same basis as if he was unrestrained in his liberty. In other words, the circumstance that one is convicted and imprisoned by a given sovereignty does not alter the degree of diligence required of the prosecuting offi ciáis of tbe same sovereignty in giving him a speedy trial upon any subsequent criminal charge.””

   1 later decision quote this exact passage · from the majority
   e.g. Hottle v. District Court

2. ““Obviously, a very different situation exists where, as here, the United States has first acquired jurisdiction and custody of the petitioner and at the time the state indictment was returned, as well as during the period of delay, the federal government, and not the state of Colorado, has had him under exclusive control. • Under such circumstances it would seem certain that unless, during the term of petitioner’s federal sentence, an unqualified and absolute right reposed in the Colorado authorities to require the United States to permit the presence of the petitioner for trial before the Colorado court in which the indictment is pending, and without which presence no trial could be held, that the prosecuting officers of the state could not be charged with unreasonable delay in failing to proceed with the trial on the state indictment.””

   1 later decision quote this exact passage · from the majority
   e.g. Cooper v. State

3. “If by the circumstances of the case the constitutional guarantee cannot be invoked by an accused, the statutes offer no additional right; otherwise, it may be considered as a tolerance limit for a delay in trial.”

   1 later decision quote this exact passage · from the majority
   e.g. Watson v. People