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← 84 S.D. 227 - State v. Opheim

State v. Opheim’s Empirical Analysis

1969

Citation profile

5
cited by 5 later decisions
2
states following
March 1979
most recently cited

5 state decisions

Relationships

Relies on Klopfer v. State of North Carolina · United States v. Ewell · Smith v. Hooey · Pollard v. United States · Smith v. United States

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

  1. ““Rights of defendant. — In all criminal prosecutions the party accused shall have the right: “1. To appear and defend in person and with counsel; “2. To demand and be informed of the nature and cause of the accusation; “3. To meet the witnesses against him face to face; “4. To have the process of the court to compel the attendance of witnesses in his behalf; and “5. To a speedy and public trial, and by an impartial jury of the county in which the offense is alleged to have been committed or is triable, but subject to the right of the state to have a change of the place of trial for any of the causes for which the party accused may obtain the same.””
    1 later decision quote this exact passage
  2. “While we think the prosecuting officials under the rule now enunciated in Smith v. Hooey, supra, should have attempted to bring Opheim to trial after his demand therefor, nevertheless, under all the circumstances of the case at bar, including the length of the delay, the failure to show prejudice, or that the delay was purposeful, oppressive or improperly motivated, it is our opinion there was no deprivation of the constitutional right to a speedy trial and the conviction should stand.”
    1 later decision quote this exact passage
  3. “"Suffice it to remember that this constitutional guarantee has universally been thought essential to protect at least three basic demands of criminal justice in the Anglo-American legal system: `[1] to prevent undue and oppressive incarceration prior to trial, [2] to minimize anxiety and concern accompanying public accusation and [3] to limit the possibilities that long delay will impair the ability of an accused to defend himself.'"”
    1 later decision quote this exact passage

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.