119 Cal. App. 3d 577 - In Re Johns’s Empirical Analysis
1981
Citation profile
15 state decisions
How this case has been cited
Cited by 15 later decisions — most recently March 2010
15 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Barker v. Wingo · 19 Cal. 3d 588 - People v. Hannon · 64 Cal. 2d 806 - Barker v. Municipal Court of the Salinas Judicial District of Monterey County · 14 Cal. 3d 433 - Crockett v. Superior Court
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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[a]lthough the time requirements of section 1026.5 are not jurisdictional, considerations of due process require an inquiry into whether the defendant was harmed by violation of the statutory time requirements.”
2 later decisions quote this exact passage“[T]he due process test used *Page 961 under both federal and state speedy trial decisions . . . involves a balancing of any prejudicial effect of the delay against the justification for the delay. [Citations.] Except where there has been an extended delay, prejudice will not be presumed, and it will be incumbent upon the defendant to demonstrate actual prejudice. [Citations.] If the defendant fails to demonstrate prejudice, the court need not consider the reasons for the delay.”
1 later decision quote this exact passage“Except where there has been an extended delay ... prejudice will not be presumed from delay. Where prejudice is not presumed, it is incumbent upon the defendant to show circumstances of actual prejudice.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.