Phan v. State’s Empirical Analysis

Citation profile

23 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 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “This factor, which examines whether the defendant or the [s]tate bears more responsibility for the delay, is pivotal in evaluating the strength of a constitutional speedy trial claim, as it can color the consideration of all other factors. Deliberate delay intended to hinder the defense must be weighed heavily against the [s]tate, whereas delay occasioned by more neutral causes, such as negligence or overcrowded dockets, weighs less heavily against the [s]tate. On the other hand, delay caused by the defense weighs against the defendant.”

   1 later decision quote this exact passage
   e.g. 343 Ga. App. 391 - ELLIS v. the STATE.

2. “the defendant has made no attempt at all to demonstrate (or even argue) that he has suffered any particular prejudice to his mental or physical condition or to his defense strategy, any prejudice that might be presumed by virtue only of the passage of time will carry very little weight in the Barker[-Doggett] analysis.”

   1 later decision quote this exact passage
   e.g. Epperson v. the State

3. “[t]o lay blame entirely on the defense for [the delay] under these circumstances would be manifestly unjust.”

   1 later decision quote this exact passage
   e.g. 343 Ga. App. 391 - ELLIS v. the STATE.