555 So. 2d 263 - Harrell v. State’s Empirical Analysis

Citation profile

75 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 75 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[T]he removal of even one juror for a discriminatory reason is a violation of the equal protection rights of both the excluded juror and the minority defendant.”

   9 later decisions quote this exact passage
   e.g. Sims v. State · Owes v. State

2. “'[t]he most troubling aspect of the prima facie inquiry arises when the only relevant circumstance is the number of minority jurors removed from the jury. . . . Decisions based upon numbers alone necessarily assume a somewhat arbitrary character and are a major reason for the often contradictory outcomes in lower court decisions.' " In Ex parte Williams , 571 So.2d 987 , 990 (Ala. 1990), the Alabama Supreme Court held that the defendant's "evidence that the State struck four of the five black venire members is sufficient evidence of discrimination to establish her prima facie case for discrimination. Branch , 526 So.2d at 622-23 .”

   3 later decisions quote this exact passage
   e.g. Guthrie v. State · 594 So. 2d 644 - Bird v. State

3. “"A defendant cannot prove a prima facie case of purposeful discrimination solely from the fact that the prosecutor struck one or more blacks from his jury. A defendant must offer some evidence in addition to the striking of blacks that would raise an inference of discrimination. When the evidence shows only that blacks were struck and that a greater percentage of blacks sat on the jury than sat on the lawfully established venire, an inference of discrimination has not been created."”

   3 later decisions quote this exact passage
   e.g. Davis v. State · Yeomans v. State