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← 896 So. 2d 1053 - State v. Gordon

896 So. 2d 1053 - State v. Gordon’s Empirical Analysis

2004

Citation profile

4
cited by 4 later decisions
1
states following
September 2016
most recently cited

4 state decisions

Relationships

Relies on North Carolina v. Alford · 338 So. 2d 584 - State v. Crosby · 720 So. 2d 1179 - State v. Fisher · 376 So. 2d 136 - State v. Reaves · 464 So. 2d 737 - State v. Perez

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. “Louisiana Code of Criminal Procedure article 701, which provides the statutory right to a speedy trial, merely authorizes pretrial relief. The remedy for a speedy trial violation under article 701 is limited to release from incarceration without bail or release of the bail obligation for one not incarcerated. Once a defendant has been convicted, any allegation of a violation is moot. See State v. Kelly, 92-2446, p. 18 (La.App. 4th Cir.7/8/94), 639 So.2d 888, 896 , writ denied, 94-2087 (La.1/6/95), 648 So.2d 921 ; State v. Cowger, 581 So.2d 283, 286 (La.App. 5th Cir. 1991). Therefore, the tidal court properly denied defendant’s motions to quash and supplements insofar as they were based upon a violation of article 701. In addition to the limitations provided for by article 701, LSA-C.Cr.P. art. 578(2) provides for a two-year time limitation (from the date of institution of the prosecution) within which the trial of a defendant accused of a non-capital felony must be commenced. The defendant was charged on March 27, 2003, for an offense committed on February 4, 2002. Prior to the defendant’s August 28, 2003 nolo contendere plea, the trial court set the deféndant’s trial for September of 2003, well within the time limitation. Thus, to the extent that defendant’s motions were based on article 578(2), they were properly denied by the trial court.”
    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.