United States v. Carter’s Empirical Analysis
528 F.2d 844 · 1975
Citation profile
48 federal appellate · 2 district · 6 state decisions
How this case has been cited
Cited by 64 later decisions (2 by the Supreme Court) — most recently March 2005 · most notably Batson v. Kentucky (1986), McCray v. New York (1983)
48 federal appellate · 2 district · 6 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Swain v. State of Alabama · Yick Wo v. Hopkins · Patterson v. United States · Quercia v. United States · Cannon v. United States
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 64 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“the prosecutor in a county, in case after case, whatever the circumstances, whatever the crime and whoever the defendant or the victim may be, is responsible for the removal of Negroes who have been selected as qualified jurors by the jury commissioners and who have sur vived challenges for cause, with the result that no Negroes ever serve on petit juries____ If the State has not seen fit to leave a single Negro on any jury in a criminal case, the presumption protecting the prosecutor may well be overcome. Such proof might support a reasonable inference that Negroes are excluded from juries for reasons wholly unrelated to the outcome of the particular case on trial and that the peremptory system is being used to deny the Negro the same right and opportunity to participate in the administration of justice enjoyed by the white population. These ends the peremptory challenge is not designed to facilitate or justify.”
1 later decision quote this exact passage · from the concurrencee.g. McCray v. Abrams““In fact, more than one court has held it to be a reversible abuse of discretion to limit inquiry to the ‘fact’ of a prior felony conviction, excluding their number or nature, albeit in those cases a prosecution witness was involved. See United States v. Miller, supra, 478 F.2d 768 (4th Cir. 1973), and Beaudine v. United States, 368 F.2d 417, 421 (5th Cir. 1966) . . .””
1 later decision quote this exact passage · from the concurrence“to adopt a wooden rule which would preclude as a matter of law the trial judge from permitting evidence of specific prior felonies where it is felt the probative value outweighs the prejudicial impact in the jury's evaluation of the defendant's credibility as a witness.”
1 later decision quote this exact passage · from the concurrence
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.