State v. Smith’s Empirical Analysis

Citation profile

7 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “DEFENSE COUNSEL: Next one, Judge, is [D.M.], a black female, page 6, number 2. PROSECUTOR: Reason I struck [D.M.], and if you'll look, it's the same, also strike other teachers. She works for the Board of Education. She is an educator. She's 41, prime age for the mother of these defendants, in addition to presently working with children. DEFENSE COUNSEL: If I can have a second to see if I can find anybody similarly situated. PROSECUTOR: I know there was at least one other one. I believe it was [P.B.], [P.B.] on page 2, who was a teacher to the same age group as Ms.— the one we were just talking about. And she is a white woman who teaches the same age, also a teacher with the school district. THE COURT: And you struck her as well. PROSECUTOR: Yes. DEFENSE COUNSEL: And I point out in [N.F.] a white male, Juror 1528 who's been a teacher for 21 years was not struck by the State. PROSECUTOR: Male, Exactly. I said — I said not of the mothering age. My biggest concern if you look at the baby-faced defendant is that the women are going to be the ones who hung us up on this child. DEFENSE COUNSEL: I think Batson also goes to gender, so I would again move to disallow the strike based on the gender laws of Batson. THE COURT: Apparently Batson demands that we be blind as to maternal instincts of potential jurors, [prosecutor], according to what [defense counsel] says. PROSECUTOR: I don't think that's exactly right, Judge. I think if you have a woman who is of the age to be the mother of ”

   1 later decision quote this exact passage
   e.g. 555 F. Supp. 2d 1000 - Shaw v. DWYEAR

2. “`[T]he substance and procedures established by the Batson line of cases are equally applicable to challenges made to peremptory strikes based on gender bias.'”

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

3. “capable of being the parents of these two defendants.... [N]othing in the record suggests that N.F. [was] not of the `fathering age'....”

   1 later decision quote this exact passage
   e.g. 555 F. Supp. 2d 1000 - Shaw v. DWYEAR