449 So. 2d 209 - Booker v. State’s Empirical Analysis

Citation profile

2 federal appellate · 88 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 103 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “it is elemental that facts set forth in briefs of counsel are insufficient to support an assignment of record. All facts relied on in the briefs must appear in the record to be considered by this Court.”

   2 later decisions quote this exact passage
   e.g. Nathan v. State · 483 So. 2d 1330 - Jenkins v. State

2. “DEATH CASES AFFIRMED BY THIS COURT: Johnson v. State, 477 So.2d 196 (Miss. 1985); Gray v. State, 472 So.2d 409 (Miss. 1985); Cabello v. State, 471 So.2d 332 (Miss. 1985); Jordan v. State, 464 So.2d 475 (Miss. 1985); Wilcher v. State, 455 So.2d 727 (Miss. 1984); Billiot v. State, 454 So.2d 445 (Miss. 1984); Stringer v. State, 454 So.2d 468 (Miss. 1984); Dufour v. State, 453 So.2d 337 (Miss. 1984); Neal v. State, 451 So.2d 743 (Miss. 1984); Booker v. State, 449 So.2d 209 (Miss. 1984); Wilcher v. State, 448 So.2d 927 (Miss. 1984); Caldwell v. State, 443 So.2d 806 (Miss. 1983); Irving v. State, 441 So.2d 846 (Miss. 1983); Tokman v. State, 435 So.2d 664 (Miss. 1983); Leatherwood v. State, 435 So.2d 645 (Miss. 1983); Hill v. State, 432 So.2d 427 (Miss. 1983); Pruett v. State, 431 So.2d 1101 (Miss. 1983); Gilliard v. State, 428 So.2d 576 (Miss. 1983); Evans v. State, 422 So.2d 737 (Miss. 1982); King v. State, 421 So.2d 1009 (Miss. 1982); Wheat v. State, 420 So.2d 229 (Miss. 1982); Smith v. State, 419 So.2d 563 (Miss. 1982); Johnson v. State, 416 So.2d 383 (Miss. 1982); Edwards v. State, 413 So.2d 1007 (Miss. 1982); Bullock v. State, 391 So.2d 601 (Miss. 1980); Reddix v. State, 381 So.2d 999 (Miss. 1980); Jones v. State, 381 So.2d 983 (Miss. 1980); Culberson v. State, 379 So.2d 499 (Miss. 1979); Gray v. State, 375 So.2d 994 (Miss. 1979); Jordan v. State, 365 So.2d 1198 (Miss. 1978); Voyles v. State, 362 So.2d 1236 (Miss. 1978); Irving v. State, 361 So.2d 1360 (Miss. 1978); Washington”

   1 later decision quote this exact passage
   e.g. 484 So. 2d 339 - Wiley v. State

3. “We cannot hold that the striking of Negroes in a particular case is a denial of equal protection of the laws. In the quest for an impartial and qualified jury, Negro and white, Protestant and Catholic, are alike subject to being challenged without cause. To subject the prosecutor's challenge in any particular case to the demands and traditional standards of the Equal Protection Clause would entail a radical change in the nature and operation of the challenge. The challenge, pro tanto, would no longer be peremptory, each and every challenge being open to examination, either at the time of the challenge or at a hearing afterwards. The prosecutor's judgment underlying each challenge would be subject to scrutiny for reasonableness and sincerity. And a great many uses of the challenge would be banned. In the light of the purpose of the peremptory system and the function it serves in a pluralistic society in connection with the institution of jury trial, we cannot hold that the Constitution requires an examination of the prosecutor's reasons for the exercise of his challenges in any given case. The presumption in any particular case must be that the prosecutor is using the State's challenges to obtain a fair and impartial jury to try the case before the court. The presumption is not overcome and the prosecutor therefore subjected to examination by allegations that in the case at hand all Negroes were removed from the jury or that they were removed because they were Negroes. Any oth”

   1 later decision quote this exact passage
   e.g. Belino v. State