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← 677 F.2d 41 - United States v. Swarek

United States v. Swarek’s Empirical Analysis

677 F.2d 41 · 1982

Citation profile

9
cited by 9 later decisions
1
states following
September 1987
most recently cited

7 federal appellate · 1 state decisions

Relationships

Relies on Swansboro Country, Inc. v. Lumberman's Mortgage Co. · Association of National Advertisers, Inc. v. Federal Trade Commission · National Ass'n for the Advancement of Colored People v. Claiborne Hardware Co. · United States v. Panza · United States v. Ward

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

  1. “(1) the evidence must be in fact, newly discovered, that is, discovered since the trial; (2) facts must be alleged from which the court may infer diligence on the part of the movant; (3) the evidence relied upon must not be merely cumulative or impeaching; (4) it must be material to the issues involved; and (5) it must be of such nature that, on a new trial, the newly discovered evidence would probably produce an acquittal.”
    2 later decisions quote this exact passage · from the majority

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.