Mullins v. State’s Empirical Analysis

Citation profile

3 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “We further conclude that the term “material” in the speedy trial rule should be given its ordinary meaning in the law as something that is important or necessary to the prosecution’s case. [Citation omitted.] We decline to accept the view expressed in the dissent, that the prosecution can demand a continuance to obtain evidence only on a showing that the evidence “tends to prove ... [a] fact.” It is apparent that the speedy trial rule would be made meaningless by such an interpretation, as even the most remotely relevant evidence could satisfy this test. When the testimony of a co-defendant is involved, as here, there might be a delay of a year or more to cover the time necessary for an appeal. [[Image here]] If the state in fact needed [the absent witness’s] testimony to convict [the defendant], we would find that the delay in [the defendant’s] trial pending the proceedings against [the absent witness] would be properly excluded under Criminal Rule 45(d)(3)(a), quoted above. On the other hand, if [the absent witness’s] testimony was clearly not significant to the state’s case, we would have to find that [the trial judge] abused his discretion [in excluding the time].”

   1 later decision quote this exact passage
   e.g. State v. R.H.

2. “The following periods shall be excluded in computing the time for trial: (3) The period of delay resulting from a continuance granted at the timely request of the prosecution, if: (a) The continuance is granted because of the unavailability of evidence material to the state’s case, when the prosecuting attorney has exercised due diligence to obtain such evidence and there are reasonable grounds to believe that such evidence will be available at a later date....”

   1 later decision quote this exact passage
   e.g. State v. R.H.