Swallow v. State’s Empirical Analysis
1992
Citation profile
51 state decisions
How this case has been cited
Cited by 51 later decisions — most recently March 2016 · most notably Goff v. State (1996), Bustamante v. State (2001)
51 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 Montoya v. State · Waldo v. State · Koller v. State · Thomas v. State · Angel v. State
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 51 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“By pointing out that the “average” punishment for DWI should be meted out to one who, inter alia, expresses remorse and admits his guilt, [the prosecutor] necessarily invited the jury to contrast [the defendant's failure in these regards. These remarks thus necessarily referred to his lack of remorse and failure to acknowledge his crime during his testimony at the guilt phase of trial. However, they just as necessarily called the jury’s attention to the fact that, once it had rejected his testimony at the guilt phase, [the defendant] failed to take the stand at punishment and provide that testimony which would have been antithetical to his posture at the guilt stage, viz: that he was in fact guilty and was sorry for what he had done. Thus, while it clearly alluded to his testimony at guilt, the prosecutor’s comment just as clearly alluded to his lack of testimony at punishment. It is not an either/or situation. The comment necessarily alluded to both. To the extent it alluded to the latter, it was error. 30”
2 later decisions quote this exact passage“Someone who was a first offender, a perfectly clean record. Somebody who made a mistake for the first time. Someone who was remorseful for their actions. Somebody who admits error. (Emphasis in original)”
1 later decision quote this exact passagee.g. Pena v. State“the [cold] medication was at least a causative factor in appellant’s arrest.” Id. at 225 . In this context, the court held that the prosecutor’s argument”
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.