Public-domain · open source
OpenJurist
← 15 OHIOST3D 112 - State v. Sway

State v. Sway’s Empirical Analysis

1984

Citation profile

40
cited by 40 later decisions
2
states following
June 2021
most recently cited

40 state decisions

How this case has been cited

Cited by 40 later decisions — most recently June 2021 · most notably State v. Warner (1990), State v. Hurd (2000)

40 state decisions

15019841990200020102020decided

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 United States v. Brown · United States v. Moore · Citizens & Southern National Bank v. United States · 393 So. 2d 1212 - State v. Moody · Jin Fuey Moy v. United States

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

  1. “The canon in favor of strict construction of criminal statutes is not an obstinate rule which overrides common sense and evident statutory purpose.”
    2 later decisions quote this exact passage
  2. “{¶ 42} “A physician who unlawfully issues a prescription for a controlled substance not in the course of the bona fide treatment of a patient is guilty of selling a controlled substance in violation of R.C. 2925.03.” Id. at syllabus. That positive statement of the law comports with the view that it is the state’s burden to prove the basis for criminal liability in R.C. 2925.03(B)(1). Further, in Sway the court noted that the bill of particulars the state had filed alleged the defendant physician’s failure to conform to the standards of his profession in prescribing the medication concerned. Likewise, in the present case, the indict-”
    1 later decision quote this exact passage
  3. “the failure to physically deliver a controlled substance is not an absolute defense to an indictment alleging a violation of R.C. 2925.03(A).”
    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.