913 So. 2d 843 - State v. Scott’s Empirical Analysis

Citation profile

26 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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “|sThe right to a speedy trial is guaranteed by both the federal and state constitutions. U.S. Const. Amendment 6; La. Const. Art. I, § 16. In addition to the statutory right to a speedy trial recognized by La.C.Cr.P. art. 701(A), a defendant also has a fundamental, constitutional right to a speedy trial. In analyzing a constitutional speedy trial violation claim, the four factor test forth in Barker v. Wingo, 407 U.S. 514, 530 , 92 S.Ct. 2182 , 33 L.Ed.2d 101 (1972) is applied; to wit: (1) the length of the delay, (2) the reason for the delay, (3) the defendant’s assertion of his right to a speedy trial, and (4) the prejudice to the defendant. The initial factor, the length of the delay, is often referred to as the “triggering mechanism” because absent a “presumptively prejudicial” delay, further inquiry into the Barker factors is unnecessary. See State v. Santiago, 03-0693 (La.App. 4 Cir. 7/23/03) , 853 So.2d 671 . Under Barker , the peculiar circumstances of the case determine the weight to be ascribed to the length of the delay and the reason for the delay. State v. Reaves, 376 So.2d 136, 138 (La.1979). Something that is acceptable in one case may not be acceptable in another because the complexity of the case must be considered. Gray v. King, 724 F.2d 1199, 1202 (5th Cir.1984), citing Barker, 407 U.S. at 531 , 92 S.Ct. 2182 . The manner of proof must also be considered, as must the gravity of the alleged crime. Id. A defendant challenging the state’s dismissal and reinsti”

   6 later decisions quote this exact passage
   e.g. State v. Dees · State v. Millet

2. “[T]he proper approach to the question of whether the defendant's right to a speedy trial was violated is not merely a review of the dates and circumstances of the hearings, but an examination of the entire record in order to discern whether there was `palpable abuse' on the part of the trial court in granting the motion to quash.”

   3 later decisions quote this exact passage
   e.g. State v. Dees · 951 So. 2d 1158 - State v. Williams

3. “In State v. Frank, 99-0553, p. 21 (La.1/14/01), 803 So.2d 1, 19-20 , the Louisiana Supreme Court enunciated a three-part standard for reviewing incomplete record claims. First, “[mjaterial omissions from the transcript of the proceedings at trial bearing on the merits of an appeal will require reversal.” 99-0553 at pp. 20-21, 803 So.2d at 19-20 , citing State v. Robinson, 387 So.2d 1143 (La.l980)(reversing given that testimony of a state and defense expert witness was missing); State v. Ford, 338 So.2d 107 (La.1976)(finding omissions material, given that substantial portions of the record were missing, including the testimony of four state witnesses, voir dire examination of prospective jurors, and the prosecutor’s opening statements); see also State v. Bright, 00-1255, p. 8 (La.App. 4 Cir. 2/6/02), 809 So.2d 1112, 1117 (finding record inadequate, given “[t]he cumulative effect of the missing portions of testimony of the defendant and other material witnesses, and the frequency of ‘inaudible’ and ‘spelled phonetically’ in the transcript”); State v. Diggs, 93-0324 (La.App. 4 Cir. 6/29/95) , 657 So.2d 1104 , citing Ford, supra, (finding the unavailability of an officer’s complete testimony necessitated a new trial because it could not be determined whether the missing testimony was substantial or inconsequential). Second, “inconsequential omissions or slight inaccuracies do not require reversal.” Frank, supra, citing State v. Goodbier, 367 So.2d 356, 357 (La.1979)(declining to ”

   1 later decision quote this exact passage
   e.g. 19 So. 3d 1233 - State v. Stukes