Clark v. State’s Empirical Analysis

Citation profile

12 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[AJbsent a showing of actual prejudice, compared to possible prejudice, “the applicable statute of limitations ... is usually considered the primary guarantee against bringing overly stale criminal charges.” ... Where a defendant can demonstrate actual prejudice, however, in circumstances where the delay between the occurrence of the criminal offense and the date of arrest ... is unduly long and the actions of the State in delaying were unreasonable, deliberate and oppressive, the due process clause would demand a dismissal____”

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

2. “[A] defendant must show that the pre-indictment delay caused him actual, substantial prejudice and that the delay was the product of a deliberate act by the government designed to gain a tactical advantage.”

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

3. “impair[ment of] memories, cause evidence to be lost, deprive the defendant of witnesses, and otherwise [impair] his ability to defend himself.”

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