Swafford v. State’s Empirical Analysis
1991
Citation profile
12 federal appellate · 2 district · 479 state decisions
How this case has been cited
Cited by 497 later decisions — most recently July 2024 · most notably State v. Ogden (1994), State v. Bernal (2006)
12 federal appellate · 2 district · 479 state decisions
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 Blockburger v. United States · North Carolina v. Pearce · Benton v. Maryland · Green v. United States · Missouri v. Hunter
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 497 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“whether the conduct underlying the offenses is unitary, i.e., whether the same conduct violates both statutes.”
18 later decisions quote this exact passage · from the concurrence“'whether each provision requires proof of a fact the other does not.' " Swafford, 112 N.M. at 8, 810 P.2d at 1228 (quoting Blockburger, 284 U.S. at 304, 52 S.Ct. at 182). If "one statute is subsumed within the other, the inquiry is over and the statutes are the same for double jeopardy purposes.”
13 later decisions quote this exact passage · from the concurrencee.g. State v. Padilla · State v. Sena“If it reasonably can be said that the conduct is unitary, then [we] must move to the second part of the inquiry. Otherwise, if the conduct is separate and distinct, [the] inquiry is at an end.”
12 later decisions quote this exact passage · from the concurrence
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.