Zurla v. State’s Empirical Analysis

Citation profile

2 federal appellate · 136 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 138 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “A defendant does not have a duty to bring himself to trial, and a speedy trial violation may be found even when the defendant has not asserted the right. Nevertheless, the assertion of the right is entitled to strong evidentiary weight in deciding whether a speedy trial violation has taken place. . . . An early assertion of the speedy trial right indicates the defendant's desire to have the charges resolved rather than gambling that the passage of time will operate to hinder prosecution.”

   3 later decisions quote this exact passage
   e.g. State v. Maddox · State v. Martinez

2. ““[p]resumptively prejudicial delay” refers to prejudice to the fundamental right to a speedy trial, not to specific prejudice covered by the fourth [Barker ] element, much less simply to impairment of the defense at trial.... [0]nee the defendant demonstrates existence of presumptively prejudicial delay, “the burden of persuasion rests with the [Sjtate to demonstrate that, on balance, the defendant’s speedy trial right was not violated.””

   3 later decisions quote this exact passage · from the concurrence
   e.g. Work v. State · State v. Johnson

3. “Second, it is difficult to conceive of how the state could come forward and effectively rebut a presumption of prejudice from time lapse alone without knowing, at the least, how defendant claims he was prejudiced. For example, how could the state rebut a claim that a potential exculpatory witness has disappeared, causing prejudice to the defense, when the state may be unaware of the existence of such a person? How could the state rebut claims of anxiety and concern without some claim made by defendant that he, in fact, suffered such consequences from the delay? To state the proposition that the state must affirmatively rebut prejudice without knowing what prejudice defendant claims shows the impossibility of adopting defendant's position.”

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