Green v. Lamarque’s Empirical Analysis
532 F.3d 1028 · 2008
Citation profile
19 federal appellate · 3 state decisions
How this case has been cited
Cited by 42 later decisions — most recently May 2022 · most notably Murray v. Schriro (2014), 57 Cal. 4th 986 - The People v. Mai (2013)
19 federal appellate · 3 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
Applies 28 U.S.C. § 1291 · 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Batson v. Kentucky · Village of Arlington Heights v. Metropolitan Housing Development Corp. · Miller-El v. Dretke · Johnson v. California · Rice v. Collins
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 42 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[A]t the third step, the trial court must decide not only whether the reasons stated are race-neutral, but whether they are relevant to the case, and whether those stated reasons were the prosecutor's genuine reasons for exercising a peremptory strike, rather than pretexts invented to hide purposeful discrimination.”
2 later decisions quote this exact passage · from the majority“None of our cases announces a rule that no comparison is probative unless the situation of the individuals compared is identical in all respects, and there is no reason to accept one. Nothing in the combination of Fields’s statements about rehabilitation and his brother’s history discredits our grounds for inferring that these purported reasons were pretextual. A per se rule that a defendant cannot win a Batson claim unless there is an exactly identical white juror would leave Batson inoperable; potential jurors are not products of a set of cookie cutters.”
1 later decision quote this exact passage · from the majority“And I can't imagine anybody— any lawyer excluding jurors simply because of the race. There’s got to be some other reason. I mean, I'm just thinking unless it’s a totally unfounded bias, you know, the prosecutor certainly wants to win his case, and race just wouldn't appear to me to be a reason to exclude a juror.” (2RT at 64.) Thus, it appears the trial court judge may have been predisposed to not find any Batson/Wheeler error. 7 . It is important to note that two jurors do not have to have all the same characteristics to be similarly situated.”
1 later decision quote this exact passage · from the majority
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.