Harris v. Kuhlmann’s Empirical Analysis

Citation profile

25 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 87 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “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. Second, the nonmoving party must assert a race-neutral reason for the peremptory challenge .... 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.”

   4 later decisions quote this exact passage
   e.g. Sorto v. Herbert · Sorto v. Herbert

2. “a ‘pattern’ of strikes against black jurors included in the particular venire might give rise to an inference *652 of discrimination.”

   4 later decisions quote this exact passage
   e.g. Moran v. Clarke · 360 F. Supp. 2d 477 - Anderson v. Superintendent, Elmira Correctional Facility

3. “1) h[e]ld a reconstruction hearing [to] take evidence regarding the circumstances surrounding the prosecutor's use of the peremptory challenges to the . . . excluded [venirepersons]; 2) return[ed] the case to the state trial court on a conditional writ of habeas corpus so that the state court could conduct the inquiry on its own; or 3) order[ed] a new trial.”

   1 later decision quote this exact passage
   e.g. Green v. Travis