State v. Henson’s Empirical Analysis

Citation profile

28 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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ ‘When the [pre-trial] delay is of a sufficient length, it becomes “presumptively prejudicial,” thereby triggering a “balancing test [which] necessarily compels courts to approach speedy trial cases on an ad hoc basis.” ’ Brady v. State, 288 Md. 61, 65, 415 A.2d 1126, 1128 (1980), quoting Barker, 407 U.S. at 530 , 92 S.Ct. at 2192 , 33 L.Ed.2d at 116-117 . The factors to be weighed are ‘[l]ength of delay, the reason for the delay, the defendant’s assertion of his right, and prejudice to the defendant.’ Barker, 407 U.S. at 530 , 92 S.Ct. at 2192 , 33 L.Ed.2d at 117 . Because whether a period is presumptively prejudicial, or not, depends upon the length of a pre-trial delay, the first factor ‘is to some extent a triggering mechanism. Until there is some delay which is presumptively prejudicial, there is no necessity for inquiry into the other factors that go into the balance.’ Id. And this factor cannot be applied until it is determined from what point the period of delay is measured. State v. Bailey, 319 Md. 392, 410 , 572 A.2d 544, 552 (1990).””

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

2. “does not intend to circumvent the speedy trial right, and the termination does not have that effect[.]”

   1 later decision quote this exact passage
   e.g. 237 Md. App. 502 - Greene v. State

3. “the period preceding the earlier dismissal is not counted in the speedy trial analysis.”

   1 later decision quote this exact passage
   e.g. 237 Md. App. 502 - Greene v. State