Turner v. Marshall’s Empirical Analysis
121 F.3d 1248 · 1997
Citation profile
40 federal appellate · 11 state decisions
How this case has been cited
Cited by 79 later decisions — most recently June 2021 · most notably 29 Cal. 4th 381 - People v. Boyette (2003), Windham v. Merkle (1998)
40 federal appellate · 11 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
Applies 28 U.S.C. § 1291
Relies on Batson v. Kentucky · Brecht v. Abrahamson · Hernandez v. New York · Purkett v. Elem · O'NEAL v. McAninch
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 79 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“A comparative analysis of jurors struck and those remaining is a well-established tool for exploring the possibility that facially race-neutral reasons are a pretext for discrimination.”
7 later decisions quote this exact passage · from the majority“that the transcripts of voir dire and the evidentiary hearing yield a sufficient basis for review”
2 later decisions quote this exact passage · from the majoritye.g. Libby v. State · Kesser v. Cambra“[t]his is so because counsel must be entitled to make credibility determinations in exercising peremptory challenges. Indeed counsel is entitled to take account of the characteristics of the other prospective jurors against whom peremptory challenges might be exercised; to reevaluate the mix of jurors and the weight he gives to various characteristics as he begins to exhaust his peremptory challenges; and to take into account tone, demeanor, facial expression, emphasis— all those factors that make the words uttered by the prospective juror convincing or not.”
1 later decision 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.