Smith v. State’s Empirical Analysis

Citation profile

61 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 61 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Closely related to length of delay is the reason the government assigns to justify the delay. Here, too, different weights should be assigned to different reasons. A deliberate attempt to delay the trial in order to hamper the defense should be weighted heavily against the government. A more neutral reason such as negligence or overcrowded courts should be weighted less heavily but nevertheless should be considered since the ultimate responsibility for such circumstances must rest with the government rather than with the defendant. Finally, a valid reason, such as a missing witness, should serve to justify appropriate delay.” (Footnote omitted.)”

   5 later decisions quote this exact passage · from the majority
   e.g. 38 Md. App. 175 - State v. Statchuk · Glover v. State

2. ““In view of the amount of time which had already elapsed, the petitioner’s demand for a speedy trial and the circuit court’s evident concern over the issue, the State should have made certain that the trial was promptly reset for a date in the immediate future, even if that required the rescheduling of other cases.. . . We add that when a defendant makes known his desire to be furnished his constitutionally guaranteed speedy trial, it is incumbent upon the State to provide for trial at the earliest practicable date. Epps v. State, supra, 276 Md. at 114-15, 345 A. 2d at 74 ; Jones v. State, supra, 241 Md. at 610-11.” Id. at 531, 350 A. 2d at 634.”

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

3. “"The Supreme Court has stated that under the Barker guidelines an affirmative demonstration of prejudice by the defendant is not necessary in order to prove a violation of the Sixth Amendment speedy trial right. Moore v. Arizona, 414 U.S. 25, 26 , 94 S. Ct. 188, 189 , 38 L. Ed. 2d 183 (1973). Thus even if we were to agree with the Court of Special Appeals’ conclusion that petitioner did not establish that he was prejudiced, affirmance of that court’s holding, that Smith was not denied his constitutional right, would not concomitantly follow. ...””

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