170 N.C. App. 336 - State v. Berryman’s Empirical Analysis

Citation profile

5 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “This Court recognizes that “ ‘undue delay in processing an appeal may rise to the level of a due process violation.’ ” State v. Hammonds, 141 N.C. App. 152, 164 , 541 S.E.2d 166, 175 (2000) (quoting United States v. Johnson, 732 F.2d 379, 381 (4th Cir. 1984) (citations omitted) (emphasis in original)). Determination of whether delay in processing an appeal rises to a due process violation is determined by the same factors used to determine whether pre-trial delay amounts to a denial of a defendant’s right to a speedy trial under the Sixth Amendment of the United States Constitution. Id. Those factors are: “(1) the length of the delay; (2) the reason for the delay; (3) defendant’s assertion of his right to a speedy trial; and (4) prejudice to defendant resulting from the delay.” Hammonds, 141 N.C. App. at 158 , 541 S.E.2d at 172 (citing Barker v. Wingo, 407 U.S. 514 , 33 L. Ed. 2d 101 (1972)). “We regard none of the four factors identified above as either a necessary or sufficient condition to the finding of a deprivation of the right of speedy trial. Rather, they are related factors and must be considered together with such other circumstances as may be relevant.” Id. “[T]he length of the delay is to some extent a triggering mechanism. Until there is some delay which is presumptively prejudicial, there is no necessity for inquiry into the other factors that go into the balance.” Hammonds, 141 N.C. App. at 159 , 541 S.E.2d at 172 .”

   1 later decision quote this exact passage · from the majority
   e.g. In re T.H.