State v. Baker’s Empirical Analysis

Citation profile

19 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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[b]efore an accused is entitled to relief based upon the delay between the offense and the initiation of adversarial proceedings, the accused must prove that (a) there was a delay, (b) the accused sustained actual prejudice as a direct and proximate result of the delay, and (c) the State caused the delay in order to gain tactical advantage over or to harass the accused.”

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

2. “prior to formal accusation, the defendant’s rights are protected by the statute of limitations. ... [D]elay may [also] occur in such a manner that the defendant’s Fifth Amendment right to due process—in contrast to the Sixth Amendment right to speedy trial—-is violated.”

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

3. “(1) the delay caused substantial prejudice to his rights to a fair trial; and (2) the delay was an intentional device to gain tactical advantage over the accused.”

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