516 So. 2d 768 - Ex Parte Jackson’s Empirical Analysis

Citation profile

171 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 171 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"[A] defendant may establish a prima facie case of purposeful discrimination in selection of the petit jury solely on evidence concerning the prosecutor's exercise of peremptory challenges at the defendant's trial. To establish such a case, the defendant first must show that he is a member of a cognizable racial group, Castaneda v. Partida, [ 430 U.S. 482 ] at 494, 97 S.Ct. [1272] at 1280 [ 51 L.Ed.2d 498 ], and that the prosecutor has exercised peremptory challenges to remove from the venire members of the defendant's race. Second, the defendant is entitled to rely on the fact, as to which there can be no dispute, that peremptory challenges constitute a jury selection practice that permits `those to discriminate who are of a mind to discriminate.' Avery v. Georgia, [ 345 U.S. 559 ] at 562, 73 S.Ct. [891] at 892 [ 97 L.Ed. 1244 ]. Finally, the defendant must show that these facts and any other relevant circumstances raise an inference that the prosecutor used that practice to exclude the veniremen from the petit jury on account of their race. This combination of factors in the empanelling of the petit jury, as in the selection of the venire, raises the necessary inference of purposeful discrimination. ".... "Once the defendant makes a prima facie showing, the burden shifts to the State to come forward with a neutral explanation for challenging black jurors." Batson v. Kentucky, 476 U.S. 79, 96-97 , 106 S.Ct. 1712, 1722-23 , 90 L.Ed. 2d 69 (1986).”

   7 later decisions quote this exact passage
   e.g. Ex Parte Branch · Lark v. State

2. “"Although we know that the United States Supreme Court has not yet ruled on whether Batson v. Kentucky is to be applied retroactively, this court does not need to await revelation from the federal judiciary when our own state constitution also guarantees to a criminal defendant the equal protection of the laws. Sections 1, 6, and 22, Ala. Const. 1901, combine to guarantee equal protection of the laws."”

   7 later decisions quote this exact passage
   e.g. Ex Parte Bird · Ex Parte Branch

3. “" 'The reasons given in response to the court's inquiry need not be equivalent to those for a challenge for cause. If the party shows that the challenges were based on the particular case on trial, the parties or witnesses, or characteristics of the challenged persons other than race, then the inquiry should end and the jury selection should continue.' "”

   5 later decisions quote this exact passage
   e.g. Minnifield v. State · 531 So. 2d 1245 - Smith v. State