Chubb v. State’s Empirical Analysis

Citation profile

24 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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “is not required to present any evidence to prove his innocence or to prove or explain anything.”

   3 later decisions quote this exact passage
   e.g. Lainhart v. State · Flowers v. State

2. “With respect to prosecutorial exercise of peremptory challenges, the Court has adopted the requirements for purposeful racial discrimination enunciated by the United States Supreme Court in Batson v. Kentucky (1986), 476 U.S. 79 , 106 S.Ct. 1712 , 90 L.Ed.2d 69 . For a defendant to establish a prima facie case of purposeful racial discrimination in the selection of a jury, it must be shown that (1) the defendant is a member of a cognizable racial group; (2) the prosecutor has exercised peremptory challenges to remove members of the defendant’s race from the venire; and (3) the facts and any other relevant circumstance of the defendant’s case raise an inference that the prosecutor used that practice to exclude venire [persons] from the jury due to their race. Once such a prima facie showing has been established, the burden shifts to the State to present an explanation for challenging such jurors. Although the prosecutor’s explanation must relate to the particular case to be tried, it need not rise to the level justifying exercise of a challenge for cause. It is then the trial court’s duty to determine whether the defendant has established purposeful discrimination. Here, the trial court’s finding is accorded great deference.”

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