State v. Brown’s Empirical Analysis

Citation profile

4 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Although "[t]here is no constitutional right to be arrested and charged at the precise moment probable cause comes into existence," the government cannot delay "filing charges to intentionally 'gain [a] tactical advantage over the accused' " without implicating the Due Process Clause. To prevail on a claim that such a delay violated due process, a defendant has a heavy burden of proving both (1) the defendant's defense suffered actual prejudice due to a delay in prosecution and (2) the delay causing such prejudice was unreasonable. "To establish actual prejudice a defendant must show loss of evidence or testimony has meaningfully impaired his ability to present a defense." Generalized claims of prejudice, such as "loss of memory, loss of witnesses, or loss of evidence" do not constitute actual prejudice.”

   1 later decision quote this exact passage
   e.g. Robert Lee Pate Jr. v. State of Iowa

2. “loss of memory, loss of witnesses, or loss of evidence”

   1 later decision quote this exact passage
   e.g. Robert Lee Pate Jr. v. State of Iowa