Clark v. State’s Empirical Analysis

Citation profile

7 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Notice of Expiration of Speedy Trial Time”

   2 later decisions quote this exact passage
   e.g. 960 So. 2d 11 - Perdomo v. State · 848 So. 2d 436 - State v. Demars

2. “In accordance with the precise purpose a "notice" is designed to serve under the scheme carefully crafted by rule 3.191(p), the filing of a document which is so designated alerts the clerk and the prosecution that the case must immediately be brought to the attention of the court by placing it on its calendar within a day or two so that the recapture period may be complied with. On the other hand, since a "motion to discharge" may not be granted unless it is well taken when filed, there is no necessity for scheduling it at any particular time. As defense counsel may well have anticipated, that is exactly what, as a direct result of the fact that a "motion" and not a "notice" was filed, occurred below.... Having thus attempted, as it were, to entrap the clerk, the prosecution and the court into depriving him of rights which he did not appropriately assert, the defendant cannot now argue that it does not matter that he did not claim them in the way required by the rule itself.”

   1 later decision quote this exact passage
   e.g. 848 So. 2d 436 - State v. Demars

3. “[W]ithin a day or two so that the recapture period may be complied with.... On the other hand, since a "motion to discharge" may not be granted unless it is well taken when filed, ... there is no necessity for scheduling it at any particular time.”

   1 later decision quote this exact passage
   e.g. 711 So. 2d 1219 - Dabkowski v. State