52 Wash. App. 357 - State v. Gee’s Empirical Analysis
1988
Citation profile
8
cited by 8 later decisions
1
states following
May 2001
most recently cited
8 state decisions
Relationships
Relies on United States v. Lovasco · 98 Wash. 2d 140 - State v. Parris · United States v. Hoyos · United States v. Benveniste · United States v. Sarmiento-Perez
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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“While statutes of limitations are the " 'primary guarantee against bringing overly stale criminal charges'", such statutes do not fully define a defendant's rights with respect to events occurring prior to charging. Instead, due process requires dismissal óf a charge if it is shown at trial that precharging delay caused substantial prejudice to a defendant's rights to a fair trial. We have framed a 3-prong test for determining when preaccusatorial delay violates due process. Under that test, "(1) The defendant must show he was prejudiced by the delay; (2) the court must consider the reasons for the delay; and (3) if the State is able to justify the delay, the court must undertake a further balancing of the State's interest and the prejudice to the accused."”
1 later decision quote this exact passage“'must specifically demonstrate the delay caused actual prejudice to his defense.'”
1 later decision quote this exact passage“that witnesses are unavailable or the memories have dimmed is insufficient.”
1 later decision quote this exact passage
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.