25 Md. App. 375 - Erbe v. State’s Empirical Analysis

Citation profile

21 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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[W]hen the Barker court talked in terms of anxiety and concern of the accused, it was referring to a presumptively innocent defendant who must exist under a cloud of suspicion and uncertainty. But when the defendant is found guilty his presumption of innocence dissipates. While he awaits sentencing he may still be under a cloud, but it is not a cloud of “public accusation,” but a cloud of public guilt generated by the finding beyond a reasonable doubt that he did commit the wrongs alleged. The major concerns of the speedy trial guarantee either do not apply after conviction or are of only speculative moment. Any real prejudice suffered by an individual as a result of an unreasonable delay in sentencing may be remedied under due process principles.”

   3 later decisions quote this exact passage · from the majority
   e.g. 4 Va. App. 286 - Walker v. Commonwealth · Erbe v. State

2. ““Furthermore, the sensitive concerns which surround the necessity of a speedy trial on the merits of a ease generally are not applicable when the delay is between conviction and sentencing. There exists here no concern over ‘oppressive incarceration’ before trial, ‘anxiety’ over public accusation before trial, or any ‘impairment’ over the petitioner’s ability to defend himself.””

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