Mallett v. Missouri’s Empirical Analysis

Citation profile

49 federal appellate · 2 district · 63 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 141 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “III. Just as state prosecutors may not use peremptory challenges to exclude members of the defendant's race from the jury, Batson v. Kentucky, 476 U.S. 79 , 90 L.Ed.2d 69 , 106 S.Ct. 1712 (1986), state trial courts may not transfer venue of the trial to accomplish the same result by another means.”

   2 later decisions quote this exact passage · from the dissent
   e.g. Simon v. State · 282 N.J. Super. 409 - State v. Harris

2. “The court's transfer decision reduced the number of Afro-Americans on Mallett's venire; the virtually unrestricted discretion of the trial judge to make the venue determination presented an opportunity to discriminate; and the judge transferred the case to a county with no members of Mallett's race. The trial judge failed to offer a `specific or compelling' neutral explanation for the transfer. Mallett, 494 U.S. at 1009-10 , 110 S.Ct. at 1309 , 108 L.Ed.2d at 486 . (Marshall, J., dissenting).”

   1 later decision quote this exact passage · from the dissent
   e.g. Simon v. State

3. “Although a defendant has no right to a jury of any particular racial composition, we have long held that the State cannot act so as to deprive a defendant of his right to a venire that is `truly representative of the community.' Smith v. Texas, 311 U.S. 128 , [130], 61 S.Ct. 164 , [165] 85 L.Ed. 84 (1940).”

   1 later decision quote this exact passage · from the dissent
   e.g. Simon v. State