State v. Swann’s Empirical Analysis
1988
Citation profile
56 state decisions
How this case has been cited
Cited by 58 later decisions — most recently February 2018 · most notably 130 N.C. App. 616 - Heatherly v. Industrial Health Council (1998), 687 So. 2d 149 - Thompson MacHinery Commerce v. Wallace (1997)
56 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 Strickland v. Washington · Brady v. State of Maryland · Batson v. Kentucky · Blockburger v. United States · United States v. Marion
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 58 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“In State v. Gardner, 315 N.C. 444 , 340 S.E.2d 701 (1986), we held that in single prosecutions for more than one crime . . . Blockburger has no application. We held in Gardner that it is a matter of legislative intent as to whether a defendant may receive multiple punishment if he is convicted of two crimes in one prosecution. Although the elements of two crimes may be identical, we said in Gardner , multiple sentences may be imposed if that is the intent of the Legislature. In determining the intent of the Legislature, the fact that each crime for which a defendant is convicted in one trial requires proof of an element the other does not demonstrate the Legislature’s intent that the defendant may be punished for both crimes.”
1 later decision quote this exact passage“Where a defendant moves to dismiss charges brought under N.C. Gen.Stat. § 14-202.1(a)(1), the State must present substantial evidence of the following elements: (1) the defendant was at least 16 years of age, (2) he was five years older than his victim, (3) he willfully took or attempted to take an indecent liberty with the victim, (4) the victim was under 16 years of age at the time the alleged act or attempted act occurred, and (5) the action by the defendant was for the purpose of arousing or gratifying sexual desire.”
1 later decision quote this exact passage“Conviction of first-degree sexual offense requires the victim be under the age of 13, whereas conviction of indecent liberties requires only that the victim be under the age of 16. Conviction of taking indecent liberties requires the defendant be at least 16 years old and five years older than the victim, whereas first-degree sexual offense only requires that he be at least 12 years old and four years older than the victim.”
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.