7 Alabama opinions name it 2 courts 1981–2016 0 in the last five years
The cases below were cited by Alabama courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Joseph Avery Robinson v. John P. Whitley, Warden, Louisiana State Penitentiarygreen2 sentences2016Negligent delay may be so lengthy—or the first three Barker factors may weigh so heavily in the accused’s favor—that the accused becomes entitled to a finding of presumed prejudice. 352 F.3d at 231 (citing Robinson, 2 F.3d at 570 , citing in turn Doggett, 505 U.S. at 655 , 112 S.Ct. 2686 ). 2014Negligent der lay may be so lengthy — or the first three Barker factors may weigh., so heavily in the accused’s favor — that the accused becomes entitled to a finding of presumed prejudice. 352 F.3d at 231 (citing Robinson, 2 F.3d at 570 , citing in turn Doggett, 505 U.S. at 655 , 112 S.Ct. 2686 ). | 1 | 5 |
Ex Parte Walkergreen2 sentences2016When prejudice is presumed, the burden shifts to the state, which must then affirmatively show either that the delay is ‘extenuated, as by the defendant’s acquiescence,’ or ‘that the delay left [the defendant’s] ability to defend himself unimpaired.’ Doggett, 505 U.S. at 658 & n. 4, 112 S.Ct. 2686 .” 928 So.2d at 266-68 . 2014When prejudice is presumed, the burden shifts to the state, which must then affirmatively show either that the delay is ‘extenuated, as by the defendant’s acquiescence,’ or ‘that the delay left [the defendant’s] ability to defend himself-unimpaired.’ Doggett, 505 U.S. at 658 & n. 4, 112 S.Ct. 2686 .” 928 So.2d at 266-68 . | 1 | 5 |
State v. Van Wootengreen1 sentence2011See Walker, 928 So.2d at 276 (“[W]e do not hold today ... that any weighting of the first three factors in an accused’s favor automatically *700 establishes presumed prejudice under the fourth Barker factor.”)- “[T]he precise weight afforded the delay and its effect on [Robinson] are dependent upon the prejudice to [Robinson] caused by the delay.” Van Wooten, 952 So.2d at 1178 . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Alabama. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
United States v. Serna-Villarreal
green
2 sentences2016Negligent delay may be so lengthy—or the first three Barker factors may weigh so heavily in the accused’s favor—that the accused becomes entitled to a finding of presumed prejudice. 352 F.3d at 231 (citing Robinson, 2 F.3d at 570 , citing in turn Doggett, 505 U.S. at 655 , 112 S.Ct. 2686 ). 2014Negligent der lay may be so lengthy — or the first three Barker factors may weigh., so heavily in the accused’s favor — that the accused becomes entitled to a finding of presumed prejudice. 352 F.3d at 231 (citing Robinson, 2 F.3d at 570 , citing in turn Doggett, 505 U.S. at 655 , 112 S.Ct. 2686 ). | 5 | 2005–2016 |
Doggett v. United States
green
2 sentences2016Negligent delay may be so lengthy—or the first three Barker factors may weigh so heavily in the accused’s favor—that the accused becomes entitled to a finding of presumed prejudice. 352 F.3d at 231 (citing Robinson, 2 F.3d at 570 , citing in turn Doggett, 505 U.S. at 655 , 112 S.Ct. 2686 ). 2016Negligent delay may be so lengthy—or the first three Barker factors may weigh so heavily in the accused’s favor—that the accused becomes entitled to a finding of presumed prejudice. 352 F.3d at 231 (citing Robinson, 2 F.3d at 570 , citing in turn Doggett, 505 U.S. at 655 , 112 S.Ct. 2686 ). | 5 | 2005–2016 |
Thomas R. Prince v. State of Alabama
green
1 sentence1981Prince v. Alabama, supra. However, we note that appellant was over seventy years old when the case was finally tried, at least three witnesses had died in the interim, and some of the physical evidence could not be found. | 1 | 1981–1981 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.