Floyd v. State’s Empirical Analysis

Citation profile

5 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The court ... concluded that the State had been unable to articulate race- or gender-neutral reasons for striking jurors no. 5 and 58, but that failing to remember its reasons for a strike was not tantamount to discrimination; the court further found that it would • be inconsistent for the prosecution to have removed those two jurors for: improper reasons, particularly in light of the-fact that the prosecution was aware that the trial court, as a matter of routine, required the State to articulate its reasons for strikes had the defense merely made a timely Batson motion. Although we express no opinion as to the trial court’s rationale for finding that the State had articulated race- and gender-neutral reasons for striking jurors no. ,5 -and. 58, we note that our review of the supplemental record indicates that the prosecution did articulate the following reasons for these two strikes. The prosecutor stated that he struck juror no. 5 because of her, age and because his initial impression of her was that she would not make a favorable juror for the State. In light of the prosecutor’s detailed explanation at the Batson hearing on remand as to his ■ method of striking jurors — that he first gathers information regarding their previous jury service, and any legal transgressions, and solicits recommendations from law enforcement, that he then makes a notation on his jury strike list as to his initial impressidn of the juror at voir dire, and that he makes modifications of that in”

   1 later decision quote this exact passage · from the concurrence
   e.g. Floyd v. State

2. ““Juror number 28: [P.B.], black female, was struck because' she had 32 bad check cases and her probation had been revoked. This was the State’s first strike. “Juror number 43: [J.B.], black male, had been convicted of harassment twice and had 12 traffic tickets. He was the State’s second strike. “Juror number 59: [M.C.], black female, was opposed to the death penalty but reluctantly indicated that she could follow the law though. She was the third strike. The state indicated she vacillated on the death penalty^ “Juror number 38: [K.B.], black male, was convicted' of disorderly conduct and knew a potential witness. A juror list reviewed by a law enforcement officer indicated this individual would be a bad juror. This was the State’s fourth strike. “Juror number 46: [T.C.],- black female, had 6 convictions and was the state’s sixth strike. During voir dire she questioned the veracity of law enforcement testimony. She knew prosecutors who prosecuted her and her brother. “Juror number 57: [AC.], black female, had been convicted of theft of property and NWNI [negotiating worthless negotiable instruments]. She was the seventh strike. “Juror number 60: [L.C.], black female, knew the attorneys and a witness and was the eighth stiike; She was also struck because her religious beliefs im!pacted her ability to sit. in judgment of the accused. “Juror number 19: [D.B.], black female, had not been paying- attention. She was the State’s eleventh strike. She failed to make eye contact' with ”

   1 later decision quote this exact passage · from the concurrence
   e.g. Floyd v. State

3. ““The Court directed the district attorney’s office to state on the record its reasons for striking 10 of 11 African-Americans. Those reasons are as follows: 1 ■ [[Image here]] “Juror number 58: [I.C.], black female, the. State could not remember why she was struck. She was the State’s sixteenth strike. [[Image here]] “The Court also directed that ■ the State go forward and give its reasons for striking females in addition to those black females listed above..-.. The State could not remember why. it struck juror number 5: [T.A.M.]. The jury was comprised of six males and six females. This Court finds that the State has presented race- and gender-neutral reasons for its strikes with the exception of juror [I.C.], a black female, and juror [T.A.M.], a white female. However, not remembering is not tantamount to discrimination. It appears inconsistent that the State-would give a reason for its strikes of other African-Americans and females and yet strike these two individuals based on race or gender. “This .Court notes that heretofore a Defendant must make a Batson motion for this Court to address the issue. If the issue had been raised at the proper time, the Court would have made the State give its reasons for its strikes. This Court has repeatedly made the State give its reasons for its strikes of African-Americans even where there was a lack of a prima facie showing of discrimination. This way all parties know the Court will not tolerate discriminatory strike's. The State has ”

   1 later decision quote this exact passage · from the dissent
   e.g. Floyd v. State