371 So. 2d 751 - State v. Brown’s Empirical Analysis

Citation profile

2 federal appellate · 40 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 44 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““[1, 2] The majority of this Court has held that a defendant is not denied equal protection when the state uses peremptory challenges to exclude blacks unless there is a systematic exclusion over a period of time; we impose upon the defendant the burden of establishing a pri-ma facie showing of such exclusion. Once a defendant has done so, the state bears the burden of showing that there was no discrimination. State v. Bias, 354 So.2d 1330 (La.1978). In Bias , the Court noted its adherence to the test announced in Swain v. Alabama, 380 U.S. 202 , 85 S.Ct. 824 , 13 L.Ed.2d 959 (1965) in determining whether there was a systematic exclusion. In Swain, the United States Supreme Court held that a showing by the defense that peremptory challenges were used to exclude members of a minority in a particular case is not sufficient to establish a violation of the Fourteenth Amendment’s Equal Protection Clause. However, where defendant can show a systematic exclusion of the minority by the state over a period of time through its use of peremptory challenges a constitutional question is presented. Swain implies that defendant must demonstrate that the prosecutor continually and consciously uses peremptory challenges to exclude blacks because of their race, requiring that the record show with ‘[some] acceptable degree of clarity ... when, how often, and under what circumstances the prosecutor alone has been responsible for striking [the minority].’ 380 U.S. at 224 , 85 S.Ct. at 838 .””

   5 later decisions quote this exact passage
   e.g. State v. Bell · State v. Whittaker

2. “I have found through experience, some twenty-three years in the District Attorney's office, that blacks, where you have a black defendant, will generally vote not guilty, in spite of the strength of the state's case . . . I find, not without justification, particularly young blacks, they are very resentful of the white establishment.”

   1 later decision quote this exact passage · from the dissent
   e.g. 375 So. 2d 1162 - State v. Washington