Swain v. State’s Empirical Analysis
1991
Citation profile
17 state decisions
How this case has been cited
Cited by 17 later decisions — most recently January 2025
17 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 Murphy v. Florida · United States v. Howard · Whitton v. State · Dickson v. Ge Sullivan · Miller v. United States
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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The ultimate issue of influence on the juror is resolved by reference to the substantial likelihood test, an objective standard. In effect, the court must examine the extrajudicial material and then judge whether it is inherently likely to have influenced the juror. Though this test may seem unduly speculative, it has significant support in the case law, and there appears to be no more precise way to articulate the standard.[ 13 ]”
2 later decisions quote this exact passagee.g. State v. Pease · Rae v. State“[some] outside influence was improperly brought to bear upon any juror”
2 later decisions quote this exact passagee.g. Larson v. State · Rae v. State“must apply an objective test and is precluded from considering evidence concerning the subjective impact of the extraneous matter on any juror.”
1 later decision quote this exact passagee.g. Silvera v. State
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.