Thacker v. Marshall’s Empirical Analysis

Citation profile

2 federal appellate · 24 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 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““W'here a convicted person is serving a sentence requiring a period of years of incarceration, and he has another case pending against him in the court of an examining magistrate of this State, the county attorney filing the charge is derelict in his duty to afford said incarcerated person a speedy trial where he proposes to await the termination of the incarceration before continuing the prosecution. To delay means the more likelihood of witnesses becoming deceased, or moving to unknown places, or if present their memories becoming less accurate, and by reason thereof justice less likely to prevail.””

   3 later decisions quote this exact passage · from the majority
   e.g. Jennings v. Raines · Davis v. County Attorney, Tulsa County

2. ““[T]he county attorney has been shown to be of the opinion that he can wait to continue the prosecution until Thacker has served his present sentence. To follow such course, if defendant has a good defense, would jeopardize defendant’s rights and as said in Cameron [supra], reiterated in Inverarity [supra], ‘He [accused] is entitled to every opportunity at the earliest possible moment to clear himself, if innocent, which the law assumes, and places the burden of proof upon the prosecution. But if the accused is guilty from evidence in the hands of the prosecution, the State should at the earliest opportunity seek to so prove. Only on such basis can respect for law and orderly procedure be expected and maintained.’ “The longer a case pends the more likelihood of witnesses becoming deceased, or moving to places unknown, or if present their memories becoming less accurate, and by reason thereof justice less likely to prevail.””

   1 later decision quote this exact passage · from the majority
   e.g. Myers v. District Court of Muskogee County

3. ““A committing magistrate is not authorized nor required 'to set a date for the preliminary examination of one accused of crime, until after the accused has been arrested and brought before the committing magistrate for arraignment upon complaint filed against him. “A prisoner in penitentiary located in another state who seeks dismissal of a certain criminal prosecution filed before a committing magistrate for alleged failure to grant him a speedy trial, is not entitled to mandamus to compel the dismissal of such prosecution pending against him before a committing magistrate, where the warrant of arrest has never been served on the accused, and he has never been brought within the jurisdiction of the committing magistrate; the committing magistrate in such case could not set the case for trial until he had acquired jurisdiction of the person of the defendant.””

   1 later decision quote this exact passage · from the majority
   e.g. White v. Brown