Ward v. State’s Empirical Analysis

Citation profile

67 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 69 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[A] defendant may establish a prima facie case of purposeful discrimination in selection of the petit jury solely on evidence concerning the prosecutor’s exercise of peremptory challenges at the defendant’s trial. To establish such a case, the defendant first must show that he is a member of a cognizable racial group and that the prosecutor has exercised peremptory challenges to remove from the venire members of the defendant’s race. Second, the defendant is entitled to rely on the fact, as to which there can be no dispute, that peremptory challenges constitute a jury selection practice that permits “those to discriminate who are of a mind to discriminate.” Finally, the defendant must show that these facts and any other relevant circumstances raise an inference that the prosecutor used that practice to exclude the veniremen from the petit jury on account of their race. This combination of factors in the empaneling of the petit jury, as in the selection of the venire, raises the necessary inference of purposeful discrimination.”

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

2. “In Batson, the court held that a defendant who could make a prima facie case of purposeful discrimination shifts the burden to the state to prove the exclusion of jurors is not based on race. This prima facie case may be made by “showing that the totality of the relevent facts gives rise to an inference of discriminatory purpose.” Another way is to demonstrate ‘total or seriously disproportionate exclusion of Negroes from jury venires.’ Another example for making a prima facie case is by showing a “pattern” of strikes, or questions and statements by a prosecuting attorney during voir dire. [293 at 92-93, 733 S.W.2d at 730 ]”

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

3. “There are different elements of proof to these charges. According to the information, the state had to prove Ward acted with premeditation and deliberation and killed two or more people. As the jury was instructed, the state did not have to prove intent — it only had to prove that the murders occurred during the course of the felony.”

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