391 So. 2d 813 - State v. Devito’s Empirical Analysis

Citation profile

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

1. “The period of limitation established by Article 578 shall be interrupted if: (1) The defendant at any time, with the purpose to avoid detection, apprehension, or prosecution, flees from the state, is outside the state, or is absent from his usual place of abode within the state; or (2) The defendant cannot be tried because of insanity or because his presence for trial cannot be obtained by legal process, or for any other cause beyond the control of the state. The periods of limitation established by Article 578 shall commence to run anew from the date the cause of interruption no longer exists.”

   11 later decisions quote this exact passage
   e.g. State v. Groth · State v. McClain

2. “"The state has failed to carry its heavy burden of showing that it was unable to act or prevented from acting to obtain defendant's presence for trial after it received notice that defendant was incarcerated in New Jersey and susceptible to extradition. The delays and problems encountered by the state in extradition, or those caused by its mismanagement, cannot be charged to the defendant."”

   5 later decisions quote this exact passage · from the dissent
   e.g. State v. Bradshaw · 637 So. 2d 1032 - State v. Joseph

3. “bears the heavy burden of showing that it is excused from trying the accused on a charge later than the period mandated by Article 578.”

   4 later decisions quote this exact passage · from the dissent
   e.g. 614 So. 2d 709 - State v. Estill · 728 So. 2d 832 - State v. Chadbourne