State v. Giles’s Empirical Analysis

Citation profile

17 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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “First, the opponent of the peremptory challenge must make a prima facie showing that the challenge was based on race. If a sufficient showing is made, the trial court will move to the second step in the process, which requires the proponent of the challenge to provide a race neutral explanation for the challenge. If the trial court finds that burden has been met, the process will proceed to the third step, at which point the trial court must determine whether the opponent of the challenge has proved purposeful discrimination.”

   4 later decisions quote this exact passage
   e.g. State v. Stewart · State v. Palmer

2. “must be clear and reasonably specific such that the opponent of the challenge has a full and fair opportunity to demonstrate pretext in the reason given and the trial court to fulfill its duty to assess the plausibility of the reason in light of all the evidence with a bearing on it. Reasonable specificity is necessary because comparison to other members of the venire for purposes of a disparate treatment analysis, which is often used at the third step of the Batson process to determine if purposeful discrimination has occurred, is impossible if the proponent of the challenge provides only a vague or very general explanation. The explanation given may in fact be implausible or fantastic, as noted in Purkett, but it may not be so general or vague that it deprives the opponent of the challenge of the ability to meet the burden to show, or the trial court of the ability to determine whether, the reason given is pretextual. The proponent of the challenge must provide an objectively discernible basis for the challenge that permits the opponent ofthe challenge and the trial court to evaluate it.”

   3 later decisions quote this exact passage
   e.g. DIXON (STEVEN) VS. STATE · Johnson v. Commonwealth

3. “Whatever is causing the ‘gut feeling’ should be explained for proper evaluation of the proffered reason.”) (quoting Alex v. Rayne Concrete Serv., 951 So.2d 138, 153 (La.2007)). . Id. at 705-06. . See, e.g., Commonwealth v. English, 993 S.W.2d 941, 945 (Ky.1999) (”

   1 later decision quote this exact passage
   e.g. Ross v. Commonwealth