State v. Harper’s Empirical Analysis
1971
Citation profile
41 state decisions
How this case has been cited
Cited by 41 later decisions — most recently February 2003 · most notably State v. Williams (1983), State v. Strong (1972)
41 state decisions
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 State v. Wear · Zehrlaut v. State · State v. Billings · Glasgow v. State · Pines v. District Court
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 41 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“In order to effectuate the purpose of these statutes we see no reason to hold that the entire burden of getting cases to trial promptly is upon the state and we do not believe that such was the legislative intent. We think it is reasonable to say that the legislature intended to provide a means of insuring every defendant a ‘speedy trial’ if he wants such a trial. It was never intended, in our judgment, to place such an arbitrary duty on the state that a defendant who does not desire a prompt trial can sit idly by without objecting to the delay or requesting a trial and, at the appropriate time, successfully assert a motion for release claiming that his right to a speedy trial had been violated and that he should go ‘scot free.’ We accordingly hold that a defendant is not entitled to be released under the statutes in question ... simply because the required number of terms have elapsed. In addition to that he must show that he has demanded a trial and that such request was made without success for a reasonable length of time before his right to release has been asserted. Our ruling is based on the theory (as stated in many of the cases cited) that a defendant’s failure to take affirmative action seeking a speedy trial constitutes a waiver of that right.”
1 later decision quote this exact passagee.g. State v. Leitner“... (1) the evidence has come to the knowledge of the defendant since the trial; (2) it was not owing to want of due diligence that it was not discovered sooner; (3) the evidence is so material that it would probably produce a different result on a new trial; and (4) it is not cumulative only or merely impeaching the credit of the witness....”
1 later decision quote this exact passagee.g. Trotter v. State
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.