Ex Parte McNair’s Empirical Analysis
1994
Citation profile
1 federal appellate · 46 state decisions
How this case has been cited
Cited by 49 later decisions — most recently February 2014 · most notably McNair v. Campbell (2005), 778 So. 2d 199 - Hyde v. State (1998)
1 federal appellate · 46 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Batson v. Kentucky · Hernandez v. New York · Turner v. Louisiana · Porzig v. Nolden · Searle v. Simon
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 49 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"`[s]triking the relative of a person who has been convicted of a crime is racially neutral. Scott v. State, 599 So.2d 1222 (Ala.Crim.App.1992), cert. denied, Ex parte Scott, 599 So.2d 1229 (Ala.1992); Powell [v. State, 548 So.2d 590 (Ala.Crim.App.1988)]; Currin [v. State, 535 So.2d 221 (Ala.Crim.App.1988)].' " Ex parte McNair, 653 So.2d 353, 356 (Ala.1994), cert. denied, [513] U.S. [1159], 115 S.Ct. 1121 , 130 L.Ed.2d 1084 (1995)."”
4 later decisions quote this exact passage““The State contends that the record shows no plain error with respect to the method of selecting grand jurors in Henry County. The clerk’s affidavit, the State argues, is outside the record and should not be considered as evidence in this case. We agree. “The record in this case is silent [on the facts relating to this claim]. Under the plain error rule, this Court will ‘notice any plain error or defect in the proceeding under review, whether or not brought to the attention of the trial court, and take appropriate appellate action by reason thereof, whenever such error has or probably has adversely affected the substantial rights of the petitioner.’ (Emphasis added.) Rule 39(k), Ala. R.App. P. As this Court stated in Ex parte Watkins, 509 So.2d 1074, 1077 (Ala.1987), cert. denied, Watkins v. Alabama, 484 U.S. 918 , 108 S.Ct. 269 , 98 L.Ed.2d 226 (1987), ‘[t]he defendant cannot successfully argue that error is plain in the record when there is no indication in the record that the act upon which error is predicated ever occurred.’ In effect, McNair is requesting that we remand this case for a hearing on this issue, on the strength of the circuit clerk’s affidavit, so that a record can be created for appellate review. We specifically decline this request, for to do otherwise would unduly enlarge the scope of the plain error review as authorized by our appellate rules.””
2 later decisions quote this exact passage“'It is within the sound discretion of the trial court to determine if peremptory challenges of black jurors were motivated by intentional racial discrimination. The court's findings in this regard are afforded great deference and will not be reversed on appeal absent clear error. Ex parte Lynn , 543 So.2d 709 (Ala. 1988).'”
2 later decisions quote this exact passage
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.