154 N.C. App. 572 - State v. Mays’s Empirical Analysis

Citation profile

11 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Since the trial judge’s findings . . . largely will turn on evaluation of credibility, a reviewing court ordinarily should give those findings great deference.” Our appellate courts accord great deference in reviewing the trial court’s ruling on the establishment of a prima facie case. The trial court’s ultimate Batson decision “will be upheld unless the appellate court is convinced that the trial court’s determination is clearly erroneous.” To review defendant’s claim that the trial court erred in ruling that he had failed to establish a prima facie case of intentional discrimination, we consider the following factors: “[(1)] whether the ‘prosecutor used a disproportionate number of peremptory challenges to strike African-American jurors in a single case;’ [(2)] whether the defendant is a ‘member of a cognizable racial minority;’ . . . [(3)] whether the state’s challenges appear to have been motivated by racial discrimination; . . . [(4)] ‘the victim’s race[;] [(5)] the race of the State’s key witnesses!;]’ and [(6)] ‘whether the prosecutor made racially motivated statements or asked racially motivated questions of black prospective jurors . . . that raise [d] an inference of discrimination.’ ””

   1 later decision quote this exact passage
   e.g. State v. Mills