61 F. Supp. 2d 668 - Smith v. Elo’s Empirical Analysis

Citation profile

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

1. “On or about May 13,1991, a complaint was filed by the Monroe County Sheriffs Department charging Petitioner with criminal sexual conduct, first degree, M.C.L. § 750.520b and unarmed robbery, M.C.L. § 750.530. On May 21, 1991, Petitioner was bound over to the Monroe County Circuit Court on only the criminal sexual conduct charge. On March 6, 1992, Petitioner failed to appear at a final pretrial conference and a bench warrant was issued for his arrest. Petitioner’s whereabouts were unknown until March 30, 1992, when the Columbia County Sheriffs Department in Florida notified the Monroe County Sheriffs Department in Michigan that Petitioner was in custody on local charges. Apparently, Petitioner had been convicted in Florida of the crime of larceny and placed on three years reporting probation. Petitioner violated probation by leaving the state of Florida without approval, during which time the Michigan offense occurred. The Florida court eventually revoked Petitioner’s probation and Petitioner was placed in the correction system to serve out the remainder of his sentence. Petitioner was in a Columbia County detainment facility until July 7, 1992, when he was released to the custody of the Florida Department of Corrections and began serving his sentence. During March and April 1992, Florida and Michigan officials sent several teletypes (LEIN) messages regarding Petitioner’s detainment. Sometime in April of 1992, the Monroe County Sheriffs department was informed that Petitioner ”

   1 later decision quote this exact passage · from the majority
   e.g. Smith v. Elo

2. “[T]he IAD did not apply to defendant at the time of the LEIN communications between Michigan and Florida, which occurred in March and April of 1992, or the Michigan Office of the Governor’s requisition for rendition in May 1992. Once defendant began his term of imprisonment, a formal detainer was lodged within 180 days of defendant’s trial date of January 11,1993. Furthermore, because a formal detainer was not lodged against defendant while he was a prisoner, prior to September 9,1992, at the earliest, there was no corresponding duty on the part of Florida officials to inform defendant of a detainer’s existence or his rights under the IAD. In sum, we conclude that defendant was not denied his right to a speedy trial under the IAD.”

   1 later decision quote this exact passage · from the majority
   e.g. Smith v. Elo

3. “(1) resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States; or (2) resulted in a decision that was based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding.”

   1 later decision quote this exact passage · from the majority
   e.g. Smith v. Elo