State v. Caffey’s Empirical Analysis

Citation profile

1 federal appellate · 29 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 34 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[t]he constitutional right to a speedy trial has no application until a criminal prosecution is commenced. The constitutional provisions invoked contemplate a pending charge and not merely a pending complaint, which represents a mere possibility that a criminal charge will be filed. Felonies are prosecuted by indictment or information.”

   2 later decisions quote this exact passage
   e.g. Davis v. State · State v. Wright

2. ““Caffey contends that his arraignment before the magistrate was a critical stage of the proceedings and that he was disadvantaged by the refusal of the magistrate court to appoint counsel, who could have protected his constitutional rights, pressed for an immediate preliminary examination and insured a speedy trial. While the magistrate did not refuse to appoint counsel [but did on July 19, 1966 make an appointment of record] the appointment made was not effective because the magistrate failed to notify either the lawyer or the prisoner of the fact for a period of nearly ten months. When he made the order it was the duty of the magistrate promptly to inform Caffey and the lawyer of the appointment. His failure to do so was a frustration of Caffey’s rights, but whether due to neglect of duty or malevolence this is not shown to have prejudiced Caffey in the conduct of the preliminary examination on June 14, 1967 or to have affected the fairness of his trial on October 11, 1967. He had competent counsel immediately prior to and at the preliminary examination (until he fell into disagreement with appointed counsel and elected to proceed in his own behalf) and he was afforded competent counsel at the trial. “Caffey suggests that if counsel had been provided him when requested his counsel could have applied for relief under § 222.080, RSMo 1959, V.A.M.S., which provides that any person imprisoned in a correctional institution may request a final disposition of any untried indictmen”

   1 later decision quote this exact passage
   e.g. Caffey v. Swenson

3. “The preliminary examination, and all matters leading up to it, including unnecessary delay and adjournments for more than ten days at one time, are procedural matters which amount to irregularities but do not go to the jurisdiction of the court. Even the absence of a preliminary examination 'does not ipso facto deprive the circuit court of jurisdiction.’ ” (quoting Lambus v. Kaiser, 352 Mo. 122 , 176 S.W.2d 494, 497 (1943))). 9 . Notably, while Fournier treats the time limits under New Hampshire's SVP statute as”

   1 later decision quote this exact passage
   e.g. In The Matter Of The Care And Treatment Of Lester Bradley, a/k/a Lester B. Bradley, a/k/a Lester Bernard Bradley v. State Of Missouri