State v. Harrison’s Empirical Analysis
1994
Citation profile
42
cited by 42 later decisions
1
states following
July 2008
most recently cited
42 state decisions
Relationships
Relies on Brady v. State of Maryland · State v. Golding · Ungar v. Sarafite · Delaware v. Fensterer · In re Kauffman Mutual Fund Actions
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 42 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“the defendant raised the statute of limitations by way of a motion to dismiss. After the trial court denied the motion, however, the defendant failed to raise the defense at trial and he failed to submit a request to charge thereon. The fact that the trial court, in its discretion, entertained the defendant's motion to dismiss prior to trial does not automatically convert an affirmative defense into a right to be free of the trial itself. As an affirmative defense, the statute of limitations provides the defendant with a shield, not against prosecution itself, but against successful prosecution.”
1 later decision quote this exact passage“The statute of limitations is not a jurisdictional bar to prosecution. The statute of limitations is an affirmative defense. Consequently, the burden was on the defendant to prove the elements of that defense by a preponderance of the evidence. An affirmative defense is presented in the orderly course of a criminal trial after the prosecution has presented its case-in-chief.”
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.