Fleming v. United States’s Empirical Analysis
378 F.2d 502 · 1967
Citation profile
37 federal appellate · 4 district · 12 state decisions
How this case has been cited
Cited by 58 later decisions (1 by the Supreme Court) — most recently March 2021 · most notably United States v. Marion (1971), United States v. DeLeo (1970)
37 federal appellate · 4 district · 12 state decisions — followed in 11 states
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 United States v. Ewell · Goss v. Board of Education · Eastern Air Lines, Inc. v. Northeast Airlines, Inc. · Powell v. United States · Harlow v. United States
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 58 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““As to defendant’s additional contention that the post-indictment delay violated his Sixth Amendment right to a speedy trial, as well as the ‘unnecessary delay’ clause of Rule 48 (b) which enforces this right, we point out that this delay was also very short — eleven months. Furthermore, ‘the right of a speedy trial is necessarily relative. It is consistent with delays and depends upon circumstances.’ United States v. Ewell, supra, 383 U. S. at 120, 86 S. Ct. at 776. Consequently, the showing of a mere lapse of time is not enough to establish denial of a speedy trial. As indicated above, it is essential that defendant also show prejudice or that the delay was improperly motivated.” (p. 504.)”
3 later decisions quote this exact passage · from the majority“It is well settled that failure to seasonably demand a speedy trial is deemed a waiver of the right. [citations]”
2 later decisions quote this exact passage · from the majority“cause of Rule 48(b) enforces the Sixth Amendment right to a speedy trial. Yet it is apparent from both Mathies and Fleming that an accused who would assert rights either under the Sixth Amendment or under Rule 48(b) must make a showing of”
1 later decision quote this exact passage · from the majority
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.