2001 Pa. Super. 273 - Commonwealth v. Still’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. “(1) the length of the delay falling outside of Rule 1405(A)'s 60-day-and-good-cause provisions, (2) the reason for the improper delay, (3) the defendant's timely or untimely assertion of his rights, and (4) any resulting prejudice to the interests protected by his speedy trial and due process rights. [Citing [Com. v. ] Glover , supra [, 500 Pa. 524 , 458 A.2d 935 (1983) ] ]. Prejudice should not be presumed by the mere fact of an untimely sentence. "Our approach has always been to determine whether there has in fact been prejudice, rather than to presume that prejudice exists." [Quoting Glass , 526 Pa. at 337, 586 A.2d at 372-73 ]. The court should examine the totality of the circumstances, as no one factor is necessary, dispositive, or of sufficient importance to prove a violation. [Citing Greer , 382 Pa.Super. at 138 n. 4, 554 A.2d at 985 n. 4 ]." 7”

   1 later decision quote this exact passage
   e.g. Commonwealth v. Neysmith

2. “In applying the Barker analysis,- we must first determine whether the delay itself is sufficient to trigger further inquiry; if it does, the reason for the delay is examined, the defendant’s assertion of his or her rights is examined, and, finally, any resulting prejudice to the defendant is considered.”

   1 later decision quote this exact passage
   e.g. 2005 Pa. Super. 61 - Commonwealth v. West