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← 221 Ga. App. 356 - Herrin v. State

221 Ga. App. 356 - Herrin v. State’s Empirical Analysis

1996

Citation profile

12
cited by 12 later decisions
1
states following
September 2011
most recently cited

12 state decisions

How this case has been cited

Cited by 12 later decisions — most recently September 2011

12 state decisions

60199620002010decided

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 Batson v. Kentucky · Hernandez v. New York · Holland v. Illinois · Gamble v. State · 187 Ga. App. 185 - Bess 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “In J. E. B. v. Alabama, 511 U. S. [127] (114 SC 1419, 1429-1430, 128 LE2d 89) (1994), the United States Supreme Court advanced its holding in Batson[, supra], to prevent litigants from exercising peremptory jury strikes based upon gender. The Equal Protection Clause of the United States Constitution prohibits discrimination in jury selection on the basis of gender as well as race. See Tedder v. State, 265 Ga. 900, 901 (2) ( 463 SE2d 697 ) (1995); Jackson v. State, 220 Ga. App. 98 ( 469 SE2d 264 ) (1996). Claims that jury strikes were based on gender are reviewed under the same standards as apply to race. See Jackson, supra. “Batson directs a three-step process for evaluating a claim of (gender) discrimination in the State’s use of peremptory jury strikes: (1) the defendant must make a prima facie showing that the prosecution has exercised its peremptory challenges on the basis of (gender); (2) the burden then shifts to the prosecutor to articulate a (gender)neutral explanation for striking the jurors in question; and (3) the trial court must determine whether the defendant has carried his burden of proving purposeful discrimination.” Kelly v. State, 209 Ga. App. 789, 790 (1) ( 434 SE2d 743 ) (1993). The explanation need not justify a challenge for cause, but it must be neutral, related to the case to be tried, and constitute a clear and reasonably specific legitimate reason or reasons. Gamble v. State, 257 Ga. 325, 327 (5) ( 357 SE2d 792 ) (1987).”
    2 later decisions 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.