659 So. 2d 161 - McClain v. State’s Empirical Analysis

Citation profile

6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “'[w]hen the evidence shows only that blacks were struck and that a greater percentage of blacks sat on the jury than sat on the lawfully established venire, an inference of discrimination has not been created.'”

   2 later decisions quote this exact passage
   e.g. 673 So. 2d 783 - Hodges v. State · 668 So. 2d 877 - Drake v. State

2. “'[A] defendant can establish a prima facie case solely on the fact that a prosecutor used a large number of his peremptory challenges to strike black veniremembers. See Ex parte Williams , 571 So.2d 987 , 990 (Ala. 1990).' . . . A defendant may establish a prima facie case of racial discrimination on the part of the prosecutor in the use of peremptory challenges by proof that the prosecutor engaged in a 'pattern of discriminatory strikes.' Thomas , 659 So.2d at 7 ; accord Ex parte Branch , 526 So.2d 609 , 622 (Ala. 1987).”

   1 later decision quote this exact passage
   e.g. 668 So. 2d 877 - Drake v. State

3. “[M]ay a defendant make a prima facie case of discrimination by showing that the prosecutor used a large number of his peremptory challenges to engage in a pattern of striking blacks from the venire, even though a higher percentage of blacks ultimately sat on the jury than on the venire?”

   1 later decision quote this exact passage
   e.g. 673 So. 2d 783 - Hodges v. State