Gordon v. State’s Empirical Analysis

Citation profile

10 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Under Batson [v. Kentucky , 476 U.S. 79 , 106 S.Ct. 1712 , 90 L.Ed.2d 69 (1986),] and numerous Alabama decisions following Batson , a defendant, in order to establish a prima facie Equal Protection Clause violation, 'must show that he is a member of a cognizable racial group . . . and that the prosecutor has exercised peremptory challenges to remove from the venire members of the defendant's race.' Batson , 476 U.S. at 96 [ 106 S.Ct. at 1723 ]. See also, e.g., Turner v. State , 521 So.2d 93 (Ala.Cr.App. 1987); Swain v. State , 504 So.2d 347 (Ala.Cr.App. 1986).”

   1 later decision quote this exact passage
   e.g. 587 So. 2d 434 - Gordon v. State

2. “"As a white male, the appellant is not a member of the race excluded from jury service. As this Court stated in Bankhead v. State , 585 So.2d 97 (Ala.Cr.App. 1989), 'the rule of Batson does not apply in cases where black veniremen are removed from the jury of a white defendant.' 585 So.2d at 101 , quoting Smith v. State , 515 So.2d 149 , 150 (Ala.Cr.App. 1987). See also Bui v. State , 551 So.2d 1094 (Ala.Cr.App. 1988), aff'd, 551 So.2d 1125 (Ala. 1989)."”

   1 later decision quote this exact passage
   e.g. 587 So. 2d 434 - Gordon v. State

3. “"`A trial court has broad discretion in formulating its jury instructions.' Coon v. State, 494 So.2d 184, 186 (Ala.Cr.App. 1986). Charges which are `inapplicable or abstract' are correctly denied. See McDaniel v. State, 446 So.2d 670, 674 (Ala.Cr.App.1983)."”

   1 later decision quote this exact passage
   e.g. 776 So. 2d 884 - Hammond v. State