Cook v. Lamarque’s Empirical Analysis
593 F.3d 810 · 2010
Citation profile
22 federal appellate · 8 state decisions
Relationships
Applies 28 U.S.C. § 1291 · 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Miller-El v. Cockrell Director Texas Department of Criminal Justice Institutional Division · Batson v. Kentucky · Mt. Healthy City School District Board of Education v. Doyle · Brecht v. Abrahamson · Washington v. Davis
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 50 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[W]here both race-based and race-neutral reasons have motivated a challenged decision, a supplementary analysis applies. In these situations, the Court allows those accused of unlawful discrimination to prevail, despite clear evidence of racially discriminatory motivation, if they can show that the challenged decision would have been made even absent the impermissible motivation, or, put another way, that the discriminatory motivation was not a "but for” cause of the challenged decision.”
2 later decisions quote this exact passage · from the majority“modified version of the per se approach that considers 'whether the prosecutor was motivated in substantial part by discriminatory intent.'”
2 later decisions quote this exact passage · from the majority“In other circumstances, we have held that, once it is shown that a discriminatory intent was a substantial or motivating factor in an action taken by a state actor, the burden shifts to the party defending the action to show that this factor was not determinative. See Hunter v. Underwood, 471 U.S. 222, 228 , 105 S.Ct. 1916 [1920], 85 L.Ed.2d 222 [228-29] (1985). We have not previously applied this rule in a Batson case, and we need not decide here whether that standard governs in this context. For present purposes, it is enough to recognize that a peremptory strike shown to have been motivated in substantial part by discriminatory intent could not be sustained based on any lesser showing by the prosecution.”
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.