State v. Sword’s Empirical Analysis
1987
Citation profile
20 state decisions
How this case has been cited
Cited by 20 later decisions — most recently September 2021
20 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
Applies 16 U.S.C. § 1538 (§ 9 of the Endangered Species Act of 1973)
Relies on Blockburger v. United States · State v. Zimmerman · State v. Pierce · State v. Pierce
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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) a defendant’s conduct constitutes an offense within the jurisdiction of the court where the first prosecution occurred and within the jurisdiction of the court where the subsequent prosecution is pursued; (2) the first prosecution resulted in an acquittal or a conviction; and (3) the subsequent prosecution is based on an offense arising out of the same transaction [as that term is defined in § 46-1-202(23), MCA].”
2 later decisions quote this exact passage · from the majoritye.g. State v. Couture · State v. Cech“false statements on his trophy license application . . . . as well as his other acts were motivated and necessary or at least incidental to the accomplishment of the criminal objective of possessing, carrying, and transporting of a grizzly bear taken unlawfully.”
2 later decisions quote this exact passage · from the majoritye.g. State v. Kopp · State v. Cech“conduct consisting of a series of acts or omissions that are motivated by: (a) a purpose to accomplish a criminal objective and that are necessary or incidental to the accomplishment of that objective ....”
1 later decision quote this exact passage · from the majoritye.g. State v. Tadewaldt
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.