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← 954 SW2D 770 - Johnson v. State

Johnson v. State’s Empirical Analysis

1997

Citation profile

42
cited by 42 later decisions
1
states following
October 2018
most recently cited

42 state decisions

How this case has been cited

Cited by 42 later decisions — most recently October 2018 · most notably State v. Munoz (1999), Zamorano v. State (2002)

42 state decisions

210199720002010decided

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 Barker v. Wingo · Villarreal v. State · Emery v. State · Phillips v. State · Chapman v. Evans

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

  1. “The right to a speedy trial is generieally different from any of the other rights enshrined in the Constitution for the protection of the accused. In addition to the general concern that all accused persons be treated according to decent and fair procedures, there is a societal interest in providing a speedy trial which exists separate from, and at times in opposition to, the interests of the accused. The inability of courts to provide a prompt trial has contributed to a large backlog of cases in urban courts which, among other things, enables defendants to negotiate more effectively for pleas of guilty to lesser offenses and otherwise manipulate the system. In addition, persons released on bond for lengthy periods awaiting trial have an opportunity to commit other crimes. It must be of little comfort to the residents of Christian County, Kentucky, to know that Barker was at large on bail for over four years while accused of a vicious and brutal murder of which he was ultimately convicted. Moreover, the longer an accused is free awaiting trial, the more tempting becomes his opportunity to jump bail and escape. Finally, delay between arrest and punishment may have a detrimental effect on rehabilitation. If an accused cannot make bail, he is generally confined, as was Barker for 10 months, in a local jail. This contributes to the overcrowding and generally deplorable state of those institutions. Lengthy exposure to these conditions ‘has a destructive effect on human character a”
    1 later decision quote this exact passage · from the dissent
  2. “TheBarker Court did not, however, acknowledge a community right to a speedy trial. We recognize the societal impact of those concerns voiced in Barker, supra, but the community does not have a right to demand a speedy trial in any given ease. In other words, a community interest in a speedy trial exists, but there is no community right to a speedy trial in a specific instance. The four Barker balancing factors are in place to ensure that an individual defendant’s Sixth Amendment right to a speedy trial is not violated. There is no equivalent community right. It was improper for the Court of Appeals to recognize such a right in the present case.”
    1 later decision quote this exact passage · from the dissent
  3. “Review of these individual factors necessarily involves fact determinations and legal conclusions. The balancing test as a whole, however, is a purely legal question. Legal questions are review de novo.”
    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.