State v. Gaitan’s Empirical Analysis

Citation profile

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

1. “In finding that the state’s questions were not subterfuge and did not reflect any racial motive, the district court’s conclusion could be viewed effectively as a ruling on pretext rather than on whether Henderson made out his prima facie case. Where a district court resolves the issue of pretext first instead of addressing whether a prima facie case was made, ‘the issue whether the defendant established a prima facie case of the discriminatory use of a peremptory strike is moot.’”

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

2. “[a] prima facie case of racial discrimination is established by showing that one or more members of a racial group have been peremptorily excluded from the jury and that circumstances of the case raise an inference that the exclusion was based on race.”

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

3. “inappropriate in the case of a defendant convicted by a petit jury if there was racial discrimination in the selection of that jury.”

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