State v. Moran’s Empirical Analysis

Citation profile

17 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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Barker explicitly .recognized that impairment of one’s defense is the most difficult form of speedy trial prejudice to prove because time’s erosion of exculpatory evidence and testimony can rarely be shown. And though time can tilt the case against either side, one cannot generally bé sure which of them it has prejudiced more severely. Thus, we generally have to recognize that excessive delay presumptively compromises thé reliability - of a -trial in ways that neither party can prove or, for that matter,- identify. While such presumptive prejudice cannot alone carry a Sixth Amendment claim without regard to the other Barker criteria, it is part of the mix of relevant facts, and its importance increases with the length of delay:”

   1 later decision quote this exact passage
   e.g. City of Grand Forks v. Gale

2. “(1) the length of the delay, (2) the reason’ for the delay, (3) the accused’s assertion of his right to a speedy trial, and (4) the prejudice to the accused. No single factor is controlling; the court must weigh all the factors' in a difficult and sensitive balancing process.”

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

3. “If there is unnecessary delay ... in filing an information or complaint against a defendant who has been arrested or for whose arrest a warrant has been issued, ... the court may dismiss the prosecution.”

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