Price v. Maxwell’s Empirical Analysis

Citation profile

4 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “A similar savings clause exists in the federal criminal statutes, which extend the statute of limitations for a six-month period “[wjhenever an indictment is dismissed for any error, defect, or irregularity with respect to the grand jury, or an indictment ... is found otherwise defective or insufficient for any cause____” 18 U.S.C. §§ 3288 , 3289. These statutes and their predecessor ( 18 U.S.C. § 587 , extending the period “whenever an indictment is found defective for any cause ____”) have been consistently construed by the federal courts to apply only to situations where an indictment is dismissed either because of defects on its face or because of irregularities in the proceedings leading to the indictment. On the other hand, these statutes have been held to be inapplicable to eases where an indictment has been dismissed for reasons unrelated to the indictment proceedings.”

   1 later decision quote this exact passage
   e.g. Price v. Maxwell

2. “Statutes of limitation in criminal cases are designed primarily to protect the accused from the burden of defending himself against charges of long completed misconduct. Unlike a statute of limitation in a civil case, a criminal statute of limitation is not a mere limitation upon the remedy, but a limitation upon the power of the sovereign to act against the accused. It is jurisdictional. Statutes of limitation are to be construed liberally in favor of the accused and against the prosecution.”

   1 later decision quote this exact passage
   e.g. Price v. Maxwell

3. “If a timely complaint, indictment or information is dismissed for any error, defect, insufficiency or irregularity, a new prosecution may be commenced within six months after the dismissal becomes final even if the period of limitation has expired at the time of the dismissal or will expire within six months of such dismissal.”

   1 later decision quote this exact passage
   e.g. Price v. Maxwell