O'BRYAN v. State’s Empirical Analysis
1976
Citation profile
10 state decisions
How this case has been cited
Cited by 10 later decisions — most recently February 2014
10 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Barker v. Wingo · Dickey v. Florida · Dickey v. Circuit Court, Gadsden County, Quincy, Fla. · 245 So. 2d 33 - In Re Florida Rules of Criminal Procedure · 307 So. 2d 829 - Mullin v. State
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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"[4-6] After the detainer warrant was filed and before O'Bryan demanded a speedy trial, neither Constitution nor Rule required the State to move with the same diligence toward trial as is necessary when the accused is in the State's custody or otherwise under its restraint. The detainer warrant is not equivalent, for purposes of speedy trial considerations, to an arrest on indictment or information. State ex rel. Williams v. Eastmoore, 297 So.2d 572 (Fla.App.1st, 1974); contra, Hargrove v. State, 281 So.2d 390 (Fla.App.2d, 1973), and State v. Sutton, 269 So.2d 712 (Fla.App.2d, 1972). The most pressing burden which a speedy trial alleviates is that which results from pretrial incarceration. Barker v. Wingo, 407 U.S. 514, 532-33 , 92 S.Ct. 2182, 2193 , 33 L.Ed.2d 101, 118 (1972). To request another sovereign to make its prisoner available at the end of his sentence does not newly imprison the accused. Our Rule therefore does not extend speedy trial benefits to a foreign prisoner until he demands those benefits. Perez v. State, 283 So.2d 575, 576 (Fla.App.4th, 1973), cert. den. 289 So.2d 739 (Fla. 1974)." 326 So.2d at 87-88 .”
2 later decisions quote this exact passage“when a foreign prisoner responds to a detainer by demanding a speedy trial or when a Florida prosecutor responds to a trial demand by filing a detainer, Dickey [ v. Circuit Court, Gadsen County, Quincy, Fla., 200 So.2d 521 (Fla. 1967)] and the Rule assures that the Florida trial will be had within six months, subject to the Rule's extension and waiver provisions.”
1 later decision quote this exact passage“after the prosecuting attorney has filed a detainer or has otherwise attempted to secure the presence of the accused for trial or within a reasonable time as determined by the court if the prosecutor has not acted in response to the demand for trial... .”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.