38 Cal. 4th 1096 - People v. Johnson’s Empirical Analysis

Citation profile

6 federal appellate · 37 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 43 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[The district] court should attempt to conduct the second and third Batson steps. It should require the prosecutor to explain his challenge[ ]. If the prosecutor offers a race-neutral explanation, the court must try to evaluate that explanation and decide whether defendant has proved purposeful racial discrimination. If the court finds that, due to the passage of time or any other reason, it cannot adequately address the issues at this stage or make a reliable determination, or if it determines that the prosecutor exercised his peremptory challenges improperly, it should set the case for a new trial. If it finds the prosecutor exercised his peremptory challenge[ ] in a permissible fashion, it should [affirm] the judgment.”

   1 later decision quote this exact passage
   e.g. Sanchez v. Roden

2. “must make out a prima facie case `by showing that the totality of the relevant facts gives rise to an inference of discriminatory purpose.'”

   1 later decision quote this exact passage
   e.g. 42 Cal. 4th 1000 - People v. Howard