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← 223 Neb. 914 - State v. Swoopes

State v. Swoopes’s Empirical Analysis

1986

Citation profile

36
cited by 36 later decisions
1
states following
April 2019
most recently cited

4 district · 32 state decisions

How this case has been cited

Cited by 36 later decisions — most recently April 2019 · most notably State v. Sutton (1989), State v. Jackson (1987)

4 district · 32 state decisions

1601986199020002010decided

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 Simmons v. United States · Neil v. Biggers · Dunaway v. New York · Oregon v. Mathiason · Immigration & Naturalization Service v. Delgado

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

  1. “a substantial step in a course of conduct intended to culminate in a sexual assault in the first degree (sexual penetration) may include a substantial step in a course of conduct intended to culminate in achievement of sexual contact as well, that is, commission of a sexual assault in the second degree. Consequently, within the offense of “criminal attempt,” § 28-201, an attempt to commit a particular crime may also include an attempt to commit a lesser-included offense in reference to the designated crime alleged to have been attempted.”
    2 later decisions quote this exact passage
  2. “(1) Any person who subjects another person to sexual contact and (a) overcomes the victim by force, threat of force, express or implied, coercion, or deception, or (b) knew or should have known that the victim was physically or mentally incapable of resisting or appraising the nature of his or her conduct is guilty of sexual assault in either the second degree or third degree. (2) Sexual assault shall be in the second degree ... if the actor shall have caused serious personal injury to the victim.”
    1 later decision quote this exact passage
  3. “Because an attempted crime as defined by § 28-201 may be committed without the crime itself being committed, no offense can be a lesser-included offense of an attempted crime prosecuted under § 28-201. There are no lesser-included offenses to § 28-201, and the district court was correct in refusing to instruct the jury on a lesser-included offense.”
    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.