State v. Fitch’s Empirical Analysis

Citation profile

28 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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““In Barker v. Wingo, 407 U.S. 514 , 33 L. Ed. 2d 101 , 92 S. Ct. 2182 (1972), the United States Supreme Court adopted a case-by-case, flexible approach for determining whether an accused’s constitutional right to a speedy trial had been violated: ‘A balancing test necessarily compels courts to approach speedy trial cases on an ad hoc basis. We can do little more than identify some of the factors which courts should assess in determining whether a particular defendant has been deprived of his right. Though some might express them in different ways, we identify four such factors: Length of delay, the reason for the delay, the defendant’s assertion of his right, and prejudice to the defendant. ‘The length of the delay is to some extent a triggering mechanism. Until there is some delay which is presumptively prejudicial, there is no necessity for inquiry into the other factors that go into the balance.’ 407 U.S. at 530 . “The court has used the Barker analysis on many occasions. See, e.g., State v. Rosine, 233 Kan. [663, 664 P.2d 852 (1983)].” State v. Fitch, 249 Kan. 562, 563 , 819 P.2d 1225 (1991).”

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