673 So. 2d 783 - Hodges v. State’s Empirical Analysis

Citation profile

3 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"`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.' United States v. Wilson , 884 F.2d 1121 , 1123 (8th Cir. 1989). `The striking of one venireperson for a racial reason violates the Equal Protection Clause, even when valid reasons for striking some black jurors are shown.' Williams v. State , 548 So.2d 501 , 507 (Ala.Crim.App. 1988), cert. denied , 489 U.S. 1028 , 109 S.Ct. 1159 , 103 L.Ed.2d 218 (1989). `Of course, the fact that blacks are ultimately seated on the jury does not necessarily bar a finding of discrimination under Batson [,] see [United States v.] Battle , 836 F.2d [1084] [at] 1086 [(8th Cir. 1987)], but the fact may be taken into account in a review of all the circumstances as one that suggests that the government did not seek to rid the jury of person who shared the defendant's race.' United States v. Young-Bey , 893 F.2d 178 , 180 (8th Cir. 1990)." "`Mitchell v. State , 579 So.2d 45 , 48 (Ala.Crim.App. 1991), cert. denied , 596 So.2d 954 (Ala. 1992). "`"[T]he Equal Protection Clause prohibits a prosecuto”

   1 later decision quote this exact passage
   e.g. 729 So. 2d 883 - Ingram v. State

2. “only considered the racial composition of the jury in determining that the defense failed to establish a prima facie case of discrimination”

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

3. “pattern of striking blacks from the venire,”

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