Colbert v. State’s Empirical Analysis

Citation profile

41 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. “[U]pon a showing by a defendant of circumstances which raise an inference that the prosecutor exercised one or more of his peremptory challenges to exclude venire persons from the jury on account of race, the burden then shifts to the state to establish that the peremptory strike(s) were for racially neutral reasons. The trial court shall then determine from all relevant circumstances the sufficiency of the racially neutral explanation. If the state's explanation appears insufficient, the trial court must then conduct a sensitive inquiry into the basis for each of the challenges by the state. The standard of review for reversal of the trial court's evaluation of the sufficiency of the explanation must test whether the court's findings are clearly against a preponderance of the evidence. In every instance, however, the court shall state, in response to the defendant's objections, its ruling as to the sufficiency or insufficiency of the racially neutral explanation provided by the state.”

   6 later decisions quote this exact passage
   e.g. Cleveland v. State · Hollamon v. State

2. “PRETEXT (n.) A reason put forward to conceal one’s true reason. TRUE (adj.) 1. In accordance with fact. 2. In accordance with correct principles or an accepted standard, rightly so called, genuine and not false. Oxford American Dictionary 528, 738 (1980) pfjhe trial court in this case had a duty to do more than accept without comment, inquiry, or finding of fact the prosecutor’s explanation. To say that such an explanation, or any other explanation, may he regarded as sufficient without any judicial inquiry makes a mockery of the Batson decision .... Surely any prosecutor can offer neutral reasons Colbert v. State, 304 Ark. 250, 257 , 801 S.W.2d 643 (1990) (Newbern, J., concurring).”

   1 later decision quote this exact passage · from the concurrence
   e.g. Bosquet v. State