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← 539 So. 2d 1074 - Ex Parte State

539 So. 2d 1074 - Ex Parte State’s Empirical Analysis

1988

Citation profile

45
cited by 45 later decisions
1
states following
November 2010
most recently cited

45 state decisions

How this case has been cited

Cited by 45 later decisions — most recently November 2010 · most notably Taylor v. State (1994), 543 So. 2d 709 - Ex Parte Lynn (1988)

45 state decisions

3101988199020002010decided

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 Batson v. Kentucky · Washington v. Davis · Swain v. State of Alabama · 22 Cal. 3d 258 - People v. Wheeler · Alexander v. Louisiana

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

  1. “We appreciate that it is impossible to know what is in the mind of another person, and that it is possible that, in stating his reasons for striking a black member of the venire, a prosecutor may give a reason that is not the true reason, but we are convinced that the trial judges in our system are in a much better position than appellate judges to decide whether the truth has been stated.”
    19 later decisions quote this exact passage
  2. “" Batson makes it clear . . . that '[t]he State cannot meet this burden on mere general assertions that its officials did not discriminate or that they properly performed their official duties. Rather, the State must demonstrate that "permissible racially neutral selection criteria and procedures have produced the monochromatic result." ' Batson , 476 U.S. at 94 , 106 S.Ct. at 1721 , citing Alexander v. Louisiana , 405 U.S. 625 , 632 , 92 S.Ct. 1221 , 1226 , 31 L.Ed.2d 536 (1972). Furthermore, intuitive judgment or suspicion by the prosecutor is insufficient to rebut the presumption of discrimination. Batson , 476 U.S. at 97 , 106 S.Ct. at 1723 . Finally, a prosecutor cannot overcome the presumption 'merely by denying any discriminatory motive or "affirming his good faith in individual selections." ' Batson , 476 U.S. at 98 , 106 S.Ct. at 1723 , citing Alexander , 405 U.S. at 632 , 92 S.Ct. at 1226 ." (Emphasis added.)”
    1 later decision quote this exact passage
  3. “"After a prima facie case is established, there is a presumption that the peremptory challenges were used to discriminate against black jurors. Batson , 476 U.S. at 97 , 106 S.Ct. at 1723 . The state then has the burden of articulating a clear, specific, and legitimate reason for the challenge which relates to the particular case to be tried, and which is nondiscriminatory. Batson , 476 U.S. at 97 , 106 S.Ct. at 1723 . However, this showing need not rise to the level of a challenge for cause. Jackson , [ 516 So.2d 768 (Ala. 1986)]; [ State v. ] Neil , 457 So.2d [481] at 487 [(1984)]; [ People v. ] Wheeler , 22 Cal.3d [258] at 281-82, 583 P.2d [748] at 765, 148 Cal.Rptr. [890] at 906 [(1978)].”
    1 later decision quote this exact passage

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.