McClellan v. State’s Empirical Analysis
1985
Citation profile
4 state decisions
How this case has been cited
Cited by 4 later decisions — most recently August 2012
4 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Barfield v. State · McClenan v. State · Pate v. State · McLeod v. Harris · Landry v. State
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.
“Q. [Prosecutor] Okay, do you recall having any discussions back during that time regarding wanting — or your request for some time before any formal action was taken in this case in order to work out matters informally? A. [Defense Counsel] Well, I think maybe I did say something like that. Q. Okay, and that was prior to the time of indictment, was it not, as best you can recall? A. Oh, yeah, yeah. We had some discussion. Mr. Gates and I discussed and Mr. Overstreet — we had some sort of three-way thing going on where we were trying to resolve the matter, but it still hadn’t been resolved. Q. How long did that proceed, the informal discussions to try to resolve it? A. To tell you the truth, they didn’t go on that long, and my recollection is I was kind of surprised that the indictment wasn’t returned any sooner than it was, because the thing — at some point in there, if I recall correctly, it sort of fell through, and I don’t know if that was two weeks or six weeks or when that was, but I don’t think the entire delay between complaint and indictment was attributable to us trying to work it out. Q. How much of that time would you say, as a reasonable estimate? A. Half. Q. Several weeks? A. As a crude estimate. I would say half of it was.”
1 later decision quote this exact passagee.g. McClellan v. State“When an indictment or information has been lost, mislaid, mutilated or obliterated, the district or county attorney may suggest the fact to the court; and the same shall be entered upon the minutes of the court. In such case, another indictment or information may be substituted, upon the written statement of such attorney that it is substantially the same as that which has been lost, mislaid mutilated, or obliterated. Or another indictment may be presented, as in the first instance; and in such case, the period for the commencement of the prosecution shall be dated from the time of making such entry.”
1 later decision quote this exact passagee.g. Glover v. State“Section 1. A court shall grant a motion to set aside an indictment, information, or complaint if the state is not ready for trial within: (1) 120 days of the commencement of a criminal action if the defendant is accused of a felony; [[Image here]] Section 4. In computing the time by which the state must be ready for trial, the following periods shall be excluded: [[Image here]] (10) any other reasonable period of delay that is justified by exceptional circumstances.”
1 later decision quote this exact passagee.g. McClellan v. State
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.