668 So. 2d 109 - Arnold 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. “"`Before the release of the Alabama Supreme Court's definition in Thomas , this court had consistently held that when a Batson objection was raised by a black defendant and a greater percentage of African-Americans sat on the jury than the percentage that sat on the venire no prima facie case of discrimination had been established. Harrell v. State , 571 So.2d 1270 (Ala. 1990), cert. denied, 499 U.S. 984 , 111 S.Ct. 1641 , 113 L.Ed.2d 736 (1991). See also Raspberry v. State , 615 So.2d 657 (Ala.Cr.App. 1992); Ashley v. State , 606 So.2d 187 (Ala.Cr.App. 1992); Jones v. State , 603 So.2d 419 (Ala.Cr.App. 1992); Hood v. State , 598 So.2d 1022 (Ala.Cr.App. 1991).'”

   2 later decisions quote this exact passage
   e.g. 729 So. 2d 883 - Ingram v. State · 673 So. 2d 783 - Hodges v. State

2. “'[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.' " In Thomas the Court reasoned: "A skilled but racially biased attorney could learn to manipulate the strike process so as to be able to strike a certain number of blacks from the venire on the basis of race, and yet not be called to account for the racially based strikes, as long as some blacks were left on the jury. Such a result should not be approved. " ' "[A] prima facie case may be made where relevant circumstances indicate an inference of purposeful race discrimination no matter that one or more black persons may remain on the jury.”

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