Overton v. Newton’s Empirical Analysis

Citation profile

29 federal appellate · 1 district · 1 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 145 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[T]he trial judge never confronted, and the trial record does not reveal, what the statistics would have shown at the conclusion of jury selection. If those statistics sufficiently established the inference that challenges were based on race, the court could then have implemented the Batson process to ensure that impermissible challenges would not be allowed. If, on the other hand, the statistics at the conclusion failed to support a sufficient inference, there would be no need to engage in the process. We cannot say, on this record, that the trial judge’s refusal to implement Bat-son’s process for testing each questioned challenge midway in the process was an unreasonable application of the Batson requirements.”

   6 later decisions quote this exact passage · from the concurrence
   e.g. Sorto v. Herbert · Sorto v. Herbert

2. “[i]n deciding whether the defendant has made the requisite [prima facie ] showing, the trial court should consider all relevant circumstances. For example, a “pattern” of strikes against all black jurors included in the particular venire might give rise to an inference of discrimination. Similarly, the prosecutor’s questions and statements during voir dire examination and in exercising his challenges may support or refute an inference of discriminatory purpose. These examples are merely illustrative.”

   5 later decisions quote this exact passage · from the concurrence
   e.g. Harris v. Kuhlmann · Rosario v. Ercole

3. “(1) resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States; or (2) resulted in a decision that was based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding.”

   2 later decisions quote this exact passage · from the majority
   e.g. Portalatin v. Graham · 312 F. Supp. 2d 1266 - Williams v. Runnels