State v. Born-Suniaga’s Empirical Analysis
2017
Citation profile
3
cited by 3 later decisions
1
states following
October 2018
most recently cited
3 state decisions
Relationships
Relies on Barker v. Wingo · State v. Naveira · 26 So. 3d 570 - State v. Nelson · Wood v. State · 662 So. 2d 378 - State v. Morris
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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Following an incident on November 6, 2014, [Born-Suniaga] was arrested the same day for misdemeanor battery in attempting to prevent the victim from reporting a noise complaint to law enforcement. [Born-Suniaga] provided his address, posted bond, and was released on November 7, 2014. On February 6, 2015, ninety-two days after his arrest, the State filed an information charging [Born-Suniaga] with tampering with a witness in violation of section 914.22, Florida Statutes (2014), a felony, and misdemeanor battery, on the basis of the November incident. That same day, the State filed instructions for the Clerk to issue a not-in-custody capias as to both counts. On February 11, 2015, the State asked the Broward Sheriff's Office ("BSO") to serve the capias, listing the address [Born-Suniaga] had provided upon his initial arrest. A detective was assigned to execute the warrant on March 25, 2015. There is no indication in the record that the detective made any effort to serve the warrant. On April 15, 2015, the State filed a "no information" sheet on the original misdemeanor battery charge. [Born-Suniaga] was notified that the charge had been dismissed and his bond discharged. The 175-day speedy trial period expired on April 30, 2015. [Born-Suniaga] first became aware of the new charges on November 19, 2015, well over 175 days after his arrest, through his co-defendant's counsel. Upon becoming aware of the charges, [Born-Suniaga] did not file a notice of expiration of speedy trial ti”
1 later decision quote this exact passage“(p) Remedy for Failure to Try Defendant within the Specified Time. (1) No remedy shall be granted to any defendant under this rule until the court has made the required inquiry under subdivision (j). (2) At any time after the expiration of the prescribed time period, the defendant may file a separate pleading entitled "Notice of Expiration of Speedy Trial Time," and serve a copy on the prosecuting authority. (3) No later than 5 days from the date of the filing of a notice of expiration of speedy trial time, the court shall hold a hearing on the notice and, unless the court finds that one of the reasons set forth in subdivision (j) exists, shall order that the defendant be brought to trial within 10 days. A defendant not brought to trial within the 10-day period through no fault of the defendant, on motion of the defendant or the court, shall be forever discharged from the crime.”
1 later decision quote this exact passage“The court concluded that there was no way for [Born-Suniaga] to find out that this case existed and no effort to alert him to the fact that charges stemming from the initial incident were still ongoing.... [T]he court granted [Born-Suniaga's] motion for discharge without allowing the State the fifteen-day recapture period. The State timely appealed. Born-Suniaga , 219 So.3d at 75-77 (footnotes omitted). On appeal, the State argued that the trial court”
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.