Ex Parte Doster’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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “There perhaps is some' superficial attraction in the argument that the right to a speedy trial ... must be vindicated before trial in order to insure that no nonspeedy trial is ever held. Both doctrinally and pragmaticálly, however, this argument fails. Unlike the protection afforded by the Double Jeopardy Clause, the Speedy Trial Clause does not, either on its face or according to the decisions of this Court, encompass a “right not to be tried” which must be upheld prior to trial if it is to be enjoyed at all. It is the delay before trial, not the trial itself, that offends the constitutional guarantee of a speedy trial. If ... an accused [is deprived] of his right to a speedy trial, that loss, by definition, occurs before trial. Proceeding with the trial does not cause or compound the deprivation already suffered.”

   1 later decision quote this exact passage · from the majority
   e.g. in Re Jerry Hartfield

2. “Of course, if it is indeed clear that the IAD[A] has been violated, a pretrial disposition of the claim would most satisfy the underlying purposes of the IAD[A].... If the trial court rules against the defendant and the defen dant’s entitlement to relief is indisputable, as a matter of fact and law, then mandamus might be an appropriate remedy.”

   1 later decision quote this exact passage · from the majority
   e.g. In Re Dacus