Swain v. State’s Empirical Analysis

Citation profile

20 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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(b) Direct contempt proceedings.-A criminal contempt may be punished summarily if the judge saw or heard the conduct constituting the contempt and the conduct occurred in the immediate view and presence of the court. It may be dealt with immediately or, if done without unnecessary delay and to prevent further disruption or delay of ongoing proceedings, may be postponed to a more convenient time. The judgment of guilt of contempt shall include a recital of those facts upon which the adjudication is based. Prior to the adjudication of guilt the judge shall inform the accused of the accusation and afford the accused an opportunity to show why the accused should not be adjudged guilty of contempt and sentenced therefor. The accused shall be given the opportunity to present evidence of excusing or mitigating circumstances. The judgment shall be signed by the judge and entered of record. Sentence shall be pronounced in open court and reduced to writing, signed by the judge and entered of record. Rule 32 shall not apply to judgment and sentencing for direct contempt. (c) Indirect (constructive) contempt proceedings.-A criminal contempt, except as provided in subdivision (b) concerning direct contempt, shall be prosecuted in the following manner: (1) Order to Show Cause-On the court's motion or upon affidavit of any person having knowledge of the facts, a judge may issue and sign an order directed to the accused, stating the essential facts constituting the criminal contempt charged ”

   3 later decisions quote this exact passage
   e.g. In Interest of Bd · Brandon Lee Jensen v. Margaret E. Milatzo-Jensen

2. “A sentence that does not include proper credit constitutes an illegal sentence.”

   3 later decisions quote this exact passage
   e.g. Baker v. State · Hagerman v. State

3. “time spent in custody awaiting disposition of probation revocation proceedings must be credited against the probationer's underlying sentence if the incarceration is directly attributable to the underlying criminal conviction.”

   1 later decision quote this exact passage
   e.g. Baker v. State