State v. Tucker’s Empirical Analysis

Citation profile

47 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 47 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““We believe Rule 8.1(d) was meant to apply only in cases similar to State ex rel. Berger \v. Superior Court, 111 Ariz. 335 , 529 P.2d 686 (1974)], i.e., when a pretrial motion or hearing causes a trial to occur later than expiration of the original Rule 8.2 time limit. In such cases, there will always be an issue as to whether the delay was an excluded or nonexcluded period under Rule 8.4. The accused may not lie poised until the Rule 8.2 limit runs and then pounce with a claim of denial of a speedy trial because the delay was nonexcluded time. The prosecution and defense both have a duty to request resolution of the Rule 8.4 issue before a speedy trial violation occurs. But when there are no intervening delays between the event that triggers Rule 8.2 and the expiration of the Rule 8.2 time limit, the accused need not demand compliance with the time limits. Unlike the Sixth Amendment wherein the time limit for a speedy trial is unspecified, Rule 8.2 is quite explicit about the time within which an accused must be brought to trial. If nothing interferes with the running of the Rule 8.2 period, the accused should not need to visit the courthouse every so often to remind the court to check the countdown. Thus, Rule 8.1(d) is inapplicable in the instant case because no delay occurred between the service of the federal mandate on the state and expiration of the Rule 8.2(d) 60 day time limit. Moreover, we note that although appellant never made any demands on the court for a speedy”

   2 later decisions quote this exact passage
   e.g. Aguilar v. Pima County Superior Court · Andre v. Tucson City Court

2. “The state’s position after a federal court grants a state prisoner habeas corpus relief is analogous to the state’s position after a state court reverses a defendant’s conviction. In both situations, the state has investigated, assembled, and tried the case once, and it need only reassemble its evidence____”

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