Work v. State’s Empirical Analysis

Citation profile

40 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 40 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““[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
   e.g. State v. Gallegos · State v. Johnson

2. “[N]o one factor constitutes either a necessary or sufficient condition to finding a deprivation of the right to a speedy trial.”

   2 later decisions quote this exact passage
   e.g. State v. Manes · State v. Stock

3. “In my view, the better rule is to hold that the question of actual prejudice is a factor which must be determined on balance. If a defendant brings forth evidence of prejudice, the [S]tate will have the burden of rebutting such evidence. If no evidence of prejudice is offered, then the scales are balanced. In this latter situation the question of actual prejudice would be neither for nor against either party, but neutral.”

   1 later decision quote this exact passage · from the dissent
   e.g. State v. Garza