189 N.C. App. 346 - State v. Wright’s Empirical Analysis

Citation profile

7 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[t]he clear error standard is a federal standard of review adopted by our courts for appellate review of the Batson inquiry. In Batson v. Kentucky , 476 U.S. 79 [ 106 S.Ct. 1712 ], 90 L.Ed.2d 69 (1986), modified , Powers v. Ohio , 499 U.S. 400 , 111 S.Ct. 1364 , 113 L.Ed.2d 411 (1991), the United States Supreme Court established a three-step test to determine whether the State's peremptory challenges of prospective jurors are purposefully discriminatory. Under Batson , the defendant must first successfully establish a prima facie case of purposeful discrimination. If the prima facie case is not established, it follows that the peremptory challenges are allowed. If the prima facie case is established, however, the burden shifts to the prosecutor to offer a race-neutral explanation for each peremptory challenge at issue. If the prosecutor fails to rebut the prima facie case of racial discrimination with race-neutral explanations, it follows that the peremptory challenges are not allowed. Finally, the trial court must determine whether the defendant has proven purposeful discrimination. If the prosecutor volunteers his reasons for the peremptory challenges in question before the trial court rules whether the defendant has made a prima facie showing or if the trial court requires the prosecutor to give his reasons without ruling on the question of a prima facie showing, the question of whether the defendant has made a prima facie showing becomes moot, and it becomes the responsib”

   1 later decision quote this exact passage
   e.g. 262 N.C. App. 89 - State v. Bennett