United States v. Clardy’s Empirical Analysis
540 F.2d 439 · 1976
Citation profile
27 federal appellate · 1 district · 11 state decisions
How this case has been cited
Cited by 46 later decisions (2 by the Supreme Court) — most recently September 2016 · most notably United States v. Gouveia (1984), Holbrook v. Flynn (1986)
27 federal appellate · 1 district · 11 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
Applies 18 U.S.C. § 113
Relies on United States v. Marion · Illinois v. Allen · Smith v. Hooey · Ohio v. Kentucky · Time, Inc. v. Bon Air Hotel, Inc.
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 46 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““ ‘Both appellants contend that the failure to commence trial sooner deprived them of their speedy trial rights under the Sixth Amendment. That right assertedly attached when appellants were de facto arrested by being placed in segregated confinement after the attack. However, such discipline is not an “arrest” for speedy trial purposes. [Citation omitted.] The identifying indicia of a de facto arrest sketched in United States v. Marion, 404 U.S. 307, at 320 , 92 S.Ct. 455 , [at 463] 30 L.Ed.2d 468 (1971), are for the most part absent here. The prison discipline did not focus public obloquy upon appellants, did not disrupt their “employment” or drain appellants’ financial resources. In short, it was not a public act with public ramifications, but a private act. Actual physical restraint may have increased and free association diminished, but unless we were to say that imprisonment ipso facto is a continuing arrest, these criteria bear little weight in the peculiar context of a penal institution where the curtailment of liberty is the general rule not the exception. Thus, speedy trial rights did not come into play until April 1, 1975, when appellants were indicted,. * * Aldridge v. State, supra at 800-801.”
5 later decisions quote this exact passage · from the majority“[I]t [is] incumbent upon the court to strive to preserve impartiality and to avoid allowing anything to undermine the defendant's presumption of innocence.”
3 later decisions quote this exact passage · from the majority
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.