43 Ohio App. 2d 44 - State v. Bound’s Empirical Analysis

Citation profile

15 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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Since there has been no statutory violation the burden is upon defendant to demonstrate that his constitutional right to a speedy trial has been denied. In passing upon that question the trial court must take into consideration the four factors of length of delay, reason for delay, assertion of the right, and resulting prejudice. Barker v. Wingo (1972) , 407 U. S. 514 . It is not essential that the defendant affirmatively demonstrate prejudice. Moore v. Arizona (1973) , 414 U. S. 25 . None of the factors is a necessary condition to the finding of a deprivation of the right. ‘Rather, they are related factors and must be considered together with such other circumstances as may be relevant. In sum, these factors have no talismanic qualities ; courts' must still engage in a difficult and sensitive balancing process.’ Barker v. Wingo, supra.””

   1 later decision quote this exact passage
   e.g. 49 Ohio App. 2d 241 - State v. Gettys

2. ““The failure of the trial court to comply with Criminal Rule 48(B) when dismissing an indictment for lack of a speedy trial requires a remand to the trial court, on appeal by the state, for such findings of fact and reasons for the dismissal that will enable the reviewing court to pass upon the assignments of error.””

   1 later decision quote this exact passage
   e.g. 51 Ohio App. 2d 31 - State v. Nelson