Dove v. State’s Empirical Analysis
2014
Citation profile
1
cited by 1 later decisions
1
states following
June 2017
most recently cited
1 state decisions
Relationships
Relies on Estelle v. Williams · Ungar v. Sarafite · Melendez-Diaz v. Massachusetts · Avery v. State of Alabama · Chandler v. Warden Fretag
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 1 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“" '[t]he matter of continuance is traditionally within the discretion of the trial judge, it is not every denial of a request for more time that violates due process even if the party fails to offer evidence or is compelled to defend without counsel. Avery v. Alabama , 308 U.S. 444 , 60 S.Ct. 321 , 84 L.Ed. 377 (1940). Contrariwise, a myopic insistence upon expeditiousness in the face of a justifiable request for delay can render the right to defend with counsel an empty formality. Chandler v. Fretag , 348 U.S. 3 , 75 S.Ct. 1 , 99 L.Ed. 4 (1954). There are no mechanical tests for deciding when a denial of a continuance is so arbitrary as to violate due process. The answer must be found in the circumstances present in every case, particularly in the reasons presented to the trial judge at the time the request is denied. Nilva v. United States , 352 U.S. 385 , 77 S.Ct. 431 , 1 L.Ed.2d 415 (1957) ; Torres v. United States , 270 F.2d 252 (9th Cir. 1959) ; cf. United States v. Arlen , 252 F.2d 491 (2d Cir. 1958).' "”
1 later decision quote this exact passage“'(1) the expected evidence must be material and competent; (2) there must be a probability that the evidence will be forthcoming if the case is continued; and (3) the moving party must have exercised due diligence to secure the evidence.'”
1 later decision quote this exact passage“[M]aterial evidence has been defined as '[e]vidence which has an effective influence or bearing on questions in issue.'”
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.