State v. King’s Empirical Analysis

Citation profile

12 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[Bjecause of the severe consequences of dismissing a pending prosecution that is neither time-barred as a matter of La. C.Cr.P. art. 578, nor precluded by the Speedy Trial Clause of the Sixth Amendment, we made clear in Love that the state must exercise that authority in such a way that it does not simply disrupt the trial court’s conduct of the proceedings or challenge the court’s authority to manage its docket, but also significantly disadvantages the defense at any forthcoming trial.”

   5 later decisions quote this exact passage · from the dissent
   e.g. 88 So. 3d 662 - State v. Brown · State v. Sanders

2. “[Ajlthough the trial court took a dim view of the state’s efforts in preparing its case for trial, the court did not challenge the credibility of the state’s explanation that its problems stemmed from difficulties with Capitol One Bank. The court discounted the prosecutor’s explanation on grounds that, but for the state’s lack of diligence in preparing the case for its first trial setting, it would not have had the problems with the bank at the second trial setting in May 2009. However, as Judge Kuhn emphasized in his dissent, the record fails to suggest that the state simply sought a tactical advantage over the defense, or that it was whipsawing defense witnesses by forcing them to make repeated but futile trips to the courthouse, see State v. Reaves, 376 So.2d 136, 138 (La.1979), as opposed to struggling to put its case together by identifying and summoning the appropriate witnesses.”

   3 later decisions quote this exact passage · from the dissent
   e.g. 88 So. 3d 662 - State v. Brown · 89 So. 3d 422 - State v. Williams

3. “Short of that statutory tolling, our decision in Love requires the defendant to make a showing of specific prejudice to his defense |9because even under the Sixth Amendment, which offers a defendant the ultimate bulwark against the state’s manipulation of its plenary charging powers, and “unlike the right to counsel or the right to be free from compelled self-incrimination, deprivation of the right to speedy trial does not per se prejudice the accused’s ability to defend himself.” Barker v. Wingo, 407 U.S. 514, 521 , 92 S.Ct. 2182, 2187 , 33 L.Ed.2d 101 (1972).”

   2 later decisions quote this exact passage · from the dissent
   e.g. State v. Hayes · 88 So. 3d 662 - State v. Brown