State v. Swiger’s Empirical Analysis

Citation profile

3 federal appellate · 146 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 151 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The examination of jurors on their voir dire affords the best test as to whether prejudice exists in the community against the defendant, and where it appears that opinions as to the guilt of the defendant of those called for examination for jurors are not fixed but would yield readily to evidence, it is not error to overrule an application for a change of venue, in absence of a clear showing of an abuse of discretion.””

   2 later decisions quote this exact passage
   e.g. State v. Montgomery · State v. Bayless

2. ““Both this court and the Supreme Court of the United States have construed this constitutional guarantee on many occasions. The following examples are typical: “ ‘The purpose of the constitutional provision according an accused the right to confront his accusers and the witnesses used against him is to provide the accused an opportunity for cross-examination.***’ Henderson v. Maxwell, Warden (1964), 176 Ohio St. 187 , 188. (Emphasis added.) “ ‘Our cases construing the [confrontation] clause hold that a primary interest secured by it is the right of cross-examination; an adequate opportunity for cross-examination may satisfy the clause even in the absence of physical confrontation.’ (Emphasis added.) Douglas v. Alabama (1965), 13 L. E. 2d 934, 937.” (Bracketed material sic.)”

   1 later decision quote this exact passage
   e.g. Ohio v. Madison

3. “It cannot be said that death is not a natural consequence of such a beating as was inflicted herein on a 76-year-old woman. Therefore, this being an issue upon which reasonable minds could differ, the question of intent is one for the trier of facts. The severity of the beating administered is sufficient `other evidence,' as required by the Farmer case, supra, to warrant a finding by the triers of fact that defendants possessed the requisite intent. That such intent was found is obvious. Defendants' contention that the state failed in its burden of proof in this instance is without merit.”

   1 later decision quote this exact passage
   e.g. Elmer Glenn Miller v. Harold J. Cardwell, Warden, Ohio Penitentiary