Sanders v. State’s Empirical Analysis

Citation profile

36 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 41 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"Thus, while `purposeful discrimination' may connote an element of bad faith in ordinary usage, the term has not been so limited by the Supreme Court; rather, the breadth with which the term has been used by the Court indicates that purposeful discrimination exists whenever significant unexplained disparities exist. In other words, it is not the significant disparities themselves which are unconstitutional, Akins v. Texas, 325 U.S. at 403-404, 65 S.Ct. 1276 , 89 L.Ed. 1692 ; Hoyt v. Florida, 368 U.S. at 69, 82 S.Ct. 159 , 7 L.Ed.2d 118 ; they only raise the inference of discrimination. E.g., Billingsley v. Clayton, 359 F.2d 13, 17 (5th Cir.1966), (en banc), cert. denied, 385 U.S. 841 , 87 S.Ct. 92 , 17 L.Ed.2d 74 (1966); Witcher v. Peyton, 382 F.2d 707, 709-710 (4th Cir.1968); Salary v. Wilson, 415 F.2d 467, 470-471 (5th Cir.1969). Once that inference has been raised, it is the government's failure or inability to demonstrate that the disparities are not the product of discrimination which confirms the inference and invalidates the jury pool. E.g., Witcher v. Peyton, 405 F.2d 725 (4th Cir.1969)." (Emphasis supplied.)”

   3 later decisions quote this exact passage
   e.g. Patterson v. State · Patterson v. State

2. ““. . . The record before us does not reveal whether probable cause for appellant’s arrest did or did not exist. The record does indicate that appellant was brought before the judge in City Court and preliminarily charged pursuant to IC 1971, 35-4-1-1, (Ind. Ann. Stat. § 9-704a [1956 Repl.]). Implicit in the language of that statute is that probable cause for the arrest and the preliminary charge must exist. After hearing the nature of thé charge and the facts surrounding it, including the defendant’s explanation of the incident, the judge is required to rule as to whether the defendant should be discharged or committed to confinement for a period not exceeding seven days. In the present case, the judge apparently determined that commitment was justified.” (Our emphasis.)”

   1 later decision quote this exact passage
   e.g. 168 Ind. App. 318 - Grzesiowski v. State

3. ““* ':i assuming, arguendo, that probable cause for appellant's arrest was lacking, it does not necessarily follow that the confession is inadmissible per se. The test governing the admissibility of a confession is whether it was freely and voluntarily given, (citations omitted) To be sure, the circumstances surrounding an unlawful detention are factors which may be considered in determining whether the confession was voluntarily and freely made. However, this is true even when the detention is lawful.” Id. at, 284 N.E.2d at 755 .”

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