State v. Brooks’s Empirical Analysis

Citation profile

38 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 38 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““. . . [T]he court gave little practical guidance for effectuating the right [to speedy trial] or for determining when the right has been violated. We do not find that it changed any of the rules announced in Fleming v. United States, 378 F. 2d 502 , where the United States Circuit Court of Appeals, First Circuit, stated: “ ‘As to defendant’s additional contention that the post-indictment delay violated his Sixth Amendment right to a speedy trial, as well as the ‘unnecessary delay’ clause of Rule 48 (b) which enforces this right, we point out that this delay was also very short — eleven months. Further more, ‘the right of a speedy trial is necessarily relative. It is consistent with delays and depends upon circumstances.’ United States v. Elwell, supra, 383 U. S. at 120, 86 S. Ct. at 776. Consequently, the showing of a mere lapse of time is not enough to establish denial of a speedy trial. As indicated above, it is essential that defendant also show prejudice or that the delay was improperly motivated.’ (p. 504.) “It would also appear from the above cases that a request is necessary before defendant can complain of failure to grant a speedy trial under the federal rule.” (p. 419.)”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Stanphill

2. ““To obtain the speedy trial guaranteed by section 10 of our Bill of Rights, and as legislatively defined by the uniform mandatory disposition of detainers act, it is incumbent upon an accused incarcerated in a penal institution of this state to comply with all provisions of the act, including the preparation of his written request for disposition of detainer to be addressed to the court in which the indictment, information or complaint is then pending against him and to the county attorney charged with the duty of prosecuting it.””

   1 later decision quote this exact passage · from the majority
   e.g. In Re Habeas Corpus Application of Sweat

3. ““The Uniform Mandatory Disposition of Detainers Act (K.S.A. 22-4301 et seq.) and the Agreement on Detainers (K.S.A. 22-4401 et seq.) are parallel acts designed for the purpose of securing a speedy trial to a defendant incarcerated in a penal institution either in this state or in another state. To invoke the strict 180 day limitation on time of trial under either of the two detainers acts it is incumbent upon an accused to substantially comply with all the provisions of the applicable act.””

   1 later decision quote this exact passage · from the majority
   e.g. Sweat v. Darr