Rowe v. State’s Empirical Analysis

Citation profile

8 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[s]trikes based on the veniremember's relationship to or acquaintance with the defendant or with the defendant's witnesses have generally been upheld”

   4 later decisions quote this exact passage
   e.g. Smith v. Jackson · 721 So. 2d 152 - Looney v. Davis

2. ““Strikes based on the veniremember’s relationship to or acquaintance with the defendant or with the defendant’s witnesses have generally been upheld. E.g., Ex parte Lynn, 543 So.2d 709, 711 (Ala.1988) (one veniremember’s ‘husband was related to the defendant’; another veniremember was ‘a classmate of the co-defendant’ and had ‘a child by the co-defendant’s brother’), cert. denied, 493 U.S. 945 , 110 S.Ct. 351 , 107 L.Ed.2d 338 (1989); Wilsher v. State, 611 So.2d 1175, 1182 (Ala.Cr.App.1992) (venire-members acquainted with both defendant and defense witnesses; court also noted the correlation between this reason and a challenge for cause based on the veniremember’s acquaintance or relationship with a party or witness); Knight v. State, 622 So.2d 426 (Ala.Cr.App.1992) (veniremember ‘had known the [defendant] for many years’ and the defendant ‘had asked her for a date on a couple of occasions’); Williams v. State, [ 627 So.2d 994 ] (Ala.Cr.App.1992) (veniremember knew or was related to defense witness), affirmed, [ 627 So.2d 999 ] (Ala.1993); Strother v. State, 587 So.2d 1243, 1247 (Ala.Cr.App.1991) (veniremembers acquainted with defendant); Bass v. State, 585 So.2d 225, 237 (Ala.Cr.App.1991) (veniremember acquainted with defense witness); Davis v. State, 555 So.2d 309, 314 (Ala.Cr.App.1989) (veniremember acquainted with defense witness). ‘Acquaintance with a defendant or his family has been previously held to be a race-neutral reason for a strike. Jackson v. State, 549 So.2d 61”

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

3. “"The reversal of a conviction because defense counsel struck white veniremembers in a racially discriminatory manner would allow the appellant to benefit from his own voluntary conduct. "`A defendant cannot by his own voluntary conduct invite error and then seek to profit thereby. Boutwell v. State, 279 Ala. 176 , 183 So.2d 774 (1966); Aldridge v. State, 278 Ala. 470 , 179 So.2d 51 (1965); Buford v. State, 214 Ala. 457 , 108 So. 74 (1926); Barber v. State, 151 Ala. 56 , 43 So. 808 (1907). "It would be a sad commentary upon the vitality of the judicial process if an accused could render it improper by his own choice." Aldridge, 278 Ala. at 474 , 179 So.2d at 54 ; Jackson v. State, 38 Ala.App. 114, 116 , 78 So.2d 665 , cert. denied, 262 Ala. 702 , 78 So.2d 667 (1955). This is not a situation where a defendant merely remained silent and permitted error to occur. Turner v. State, 54 Ala.App. 467 , 309 So.2d 503 (1975).'"”

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