State v. Davis’s Empirical Analysis

Citation profile

11 federal appellate · 18 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 36 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “We begin our analysis with a closer look at the role of the peremptory. While jurors have their individual preconceived notions and prejudices, it is assumed that they can set them aside so as to be fair and impartial. The purpose of voir dire is to test that assumption. If it is made to appear that a prospective juror cannot be fair, the juror may be challenged for cause. The peremptory is needed, however, if the challenge for cause is denied by the court. It is needed also when there is legitimate concern for a juror’s fairness but this concern is insufficient to be a challenge for cause. It happens often enough that a juror expresses doubt about being able to be fair, but then opposing counsel or the judge ostensibly “rehabilitates” the juror; in this problematic situation, the peremptory is useful. Also, without the peremptory, trial counsel may be deterred from asking probing questions on voir dire for concern that any hostility inadvertently raised could not be remedied by a peremptory strike. In other words, the peremptory gives added assurance of an accurate verdict by “resolv[ing] doubts (up to a specified number) in favor of exclusion.” The fact that some unbiased jurors may be excused in the process is an affordable price to pay for removing doubts about a particular juror’s impartiality and competence, especially when the vote of one biased juror can make a critical difference. Then, too, “the role of the litigants in determining the jury’s composition provides on”

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

2. “"Ordinarily at common law, inquiry on voir dire into a jurors' religious affiliation and beliefs is irrelevant and prejudicial, and to ask questions is improper. Questions about religious beliefs are relevant only if pertinent to religious issues involved in the case, or if a religious organization is a party, or if the information is a necessary predicate for a voir dire challenge. Coleman v. United States, 379 A.2d 951, 954 (D.C.1977). See, e.g., United States v. Schullo, 390 F.Supp. 1067 (D.Minn.1975) (Devitt, J.) (in an illegal gambling case, jurors asked by court if they had any moral or religious feelings about gambling so that they could not be fair and impartial). The trial court, in the exercise of its discretion, controls the questions that can be asked to keep the voir dire within relevant bounds. In this case, we do not know how the juror's religious affiliation came to light, but proper questioning for a challenge should be limited to asking jurors if they knew of any reason why they could not sit, if they would have difficulty in following the law as given by the court, or if they would have any difficulty in sitting in judgment."”

   1 later decision quote this exact passage · from the concurrence
   e.g. Smith v. State

3. “If the prosecutor had said no more than she was striking the black juror because he was a Jehovah's Witness, we think this would not have rebutted the prima facie case of racial bias, anymore than if the prosecutor had said she was striking because the black juror was a Lutheran, a Baptist, or a Muslim. In fact, however, the prosecutor went on to explain the reason for her challenge, pointing out Jehovah's Witnesses, as a group, were reluctant to exercise civil authority over other people and that the juror was a devoted member of that religious group.”

   1 later decision quote this exact passage · from the concurrence
   e.g. 64 Cal. App. 4th 378 - People v. Martin