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← 326 F.3d 87 - McKinney v. Artuz

McKinney v. Artuz’s Empirical Analysis

326 F.3d 87 · 2003

Citation profile

82
cited by 82 later decisions
April 2022
most recently cited

26 federal appellate · 1 district ·

How this case has been cited

Cited by 82 later decisions — most recently April 2022 · most notably Parker v. Scott (2005), Harris v. Kuhlmann (2003)

26 federal appellate · 1 district ·

590200320102020decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Relationships

Applies 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)

Relies on Batson v. Kentucky · Williams v. Taylor · Teague v. Lane · Wainwright v. Witt · Swain v. State of Alabama

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

  1. “The Batson Court ... established] a three-step burden-shifting framework for the evidentiary inquiry into whether a peremptory challenge is race-based, [476 U.S.] at 96-98, 106 S.Ct. 1712 : First, the moving party — i.e., the party challenging the other party’s attempted peremptory strike — must make a prima facie case that the nonmoving party’s peremptory is based on race. Batson, 476 U.S. at 96-97 , 106 S.Ct. 1712 ; Hernandez v. New York, 500 U.S. 352, 358 , 111 S.Ct. 1859 , 114 L.Ed.2d 395 (1991). Second, the nonmoving party must assert a race-neutral reason for the peremptory challenge. Batson, 476 U.S. at 97-98 , 106 S.Ct. 1712 ; Hernandez, 500 U.S. at 358-59 , 111 S.Ct. 1859 . The nonmoving party’s burden at step two is very low. Under Burkett v. Elem, 514 U.S. 765 , 115 S.Ct. 1769 , 131 L.Ed.2d 834 (1995) (per curiam), although a race-neutral reason must be given, it need not be persuasive or even plausible. Id. at 768 , 115 S.Ct. 1769 . Finally, the court must determine whether the moving party carried the burden of showing by a preponderance of the evidence that the peremptory challenge at issue was based on race. Batson, 476 U.S. at 96, 98 , 106 S.Ct. 1712 ; Hernandez, 500 U.S. at 359 , 111 S.Ct. 1859 .”
    4 later decisions quote this exact passage · from the majority
  2. “[A] determination of a factual issue made by a State court shall be presumed to be correct.”
    3 later decisions quote this exact passage · from the majority
  3. “[c]learly established Federal law includes only holdings of Supreme Court decisions and does not include dicta”
    2 later decisions quote this exact passage · from the majority

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.