People v. Perez’s Empirical Analysis

Citation profile

4 federal appellate · 19 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 27 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The Sixth Amendment rights of the accused cannot be summarily dismissed or deemed waived based solely on the fact that he has fled the jurisdiction. Even when the defendant has made a concerted effort to avoid prosecution, a court must give effect to the holding of Barker v. Wingo by weighing the conduct of both sides. “Where the only circumstance which has caused the delay is the defendant’s flight,... the claim of denial of the right to speedy trial carries almost no weight. To say, however, as the majority does, that no other factor need be considered in such cases is to set a dangerous precedent. It requires no great imagination to envision the misuse to which this ruling may be put.” (People v. Perez, supra, 229 Cal.App.3d at pp. 319-320, fn. omitted (dis. opn. of Woods (A. M.), P. J.).)”

   1 later decision quote this exact passage · from the dissent
   e.g. Ogle v. Superior Court

2. “We regard none of the four factors ... as either a necessary or sufficient condition to the finding of a deprivation of the right of speedy trial. Rather, they are related factors and must be considered together with such other circumstances as may be relevant. In sum, these factors have no talismanic qualities; courts must still engage in a difficult and sensitive balancing process.”

   1 later decision quote this exact passage · from the dissent
   e.g. State v. Porter