207 Or. App. 438 - State v. Garcia’s Empirical Analysis

Citation profile

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

1. “"the court must determine the total amount of delay and subtract from that total any periods of delay that the defendant requested or consented to. [ Davids, 339 Or. at 101 , 116 P.3d 894 .] Then, if the state has taken longer than ordinarily expected to bring the defendant to trial, and again applying ORS 135.747, the court must determine if the length of the remaining delay was unreasonable by examining `all the attendant circumstances.' Johnson, 339 Or. at 88 [ 116 P.3d 879 ]. The attendant circumstances include `[c]ircumstances that cause delay (that is, the reasons for delay),' and an assessment of those circumstances generally will drive the determination of whether the delay was reasonable. Id. "”

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

2. “90% of all misdemeanors, infractions and other nonfelony cases should be adjudicated or otherwise concluded within 90 days from the date of arraignment, 98% within 180 days and 100% within one year, except for exceptional cases in which continuing review should occur.”

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

3. “"If the defendant is not proceeded against or tried, as provided in * * * ORS 135.747, and sufficient reason therefor is shown, the court may order the action to be continued * * *."”

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