Moore v. Henslee’s Empirical Analysis

Citation profile

9 federal appellate · 2 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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The focal point of appellant’s contention, as advanced in their brief and in oral argument, is that discrimination in the selection of jury panels in Miller County, Arkansas, is necessarily practiced because the Negro race is not represented on the jury commission which is composed of three citizens. It is suggested that ‘it is almost impossible’ for an all-white jury commission to keep informed of the habits and qualifications of the Negro population so that eligible members of that race ■can be selected for jury duty. We are not persuaded by this novel argument which fails to find support in either precedent or logic. Adoption of the principle contended for would require indulgence in the unwarranted presumption that jury commissioners entirely of one race will not discharge their ‘duty to familiarize themselves fairly with the qualifications of the eligible jurors of the county without regard to race and color. ’ Cassell v. State of Texas, 339 U. S. 289 , 70 S. Ct. at page 633. Moreover, we are satisfied that the theory advanced by appellants would in reality lead to complexities in the administration of an important facet of our system of trial by juries. Application of the principle contended for, could not, in our view, be limited to the white and negro races. It would encompass all races, and the numerous nationalities and religious denominations existent in this country. The words of Mr. Justice Reed, speaking for the Court in Akins v. State of Texas, 325 U. S. 398 ,”

   1 later decision quote this exact passage · from the majority
   e.g. Johnson v. State

2. ““ * * * The Supreme Court of the United States has consistently recognized that state prosecutions initiated by the filing of an information by the Prosecuting Attorney, here authorized by Ark.Const. Amend. 21, do not violate the constitutional rights of the accused under the Fourteenth Amendment. Hurtado v. People of State of California, 110 U.S. 516, 538 , 4 S.Ct. Ill, 292, 28 L.Ed. 232 * * * ””

   1 later decision quote this exact passage · from the majority
   e.g. 244 F. Supp. 982 - Stewart v. Stephens