State v. Crump’s Empirical Analysis

Citation profile

33 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 33 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Picture, for example, a venire composed of 36 blacks. If the State uses its peremptory challenges to eliminate 6 members and fails to articulate what the defendant would deem legitimate, neutral reasons, the black defendant could raise a Batson challenge despite the fact that he was tried by an all black jury. This result is against the spirit of Batson and defies rationality.”

   2 later decisions quote this exact passage
   e.g. State v. McCrady · State v. Hunter

2. “First, the defendant must show that he and the excluded jurors are members of the same cognizable racial group. Second, the defendant is entitled to rely on the fact that the peremptory challenge constitutes a jury selection process that permits discrimination. Third, the defendant must show that these facts and all relevant circumstances raise an inference that the prosecutor used her peremptory challenges to exclude veniremen from the petit jury on account of race. In deciding whether the defendant has made a prima facie showing, the reviewing court is required to give substantial deference to the decision of the trial judge. Batson, 106 S.Ct. at 1723 . Until the defendant makes a prima facie showing, the reasons given by the state for excluding veniremen are irrelevant. After the defendant makes his case, however, the burden shifts to the state to articulate a neutral and reasonably specific explanation of his legitimate reason for exercising the challenge. Crump, 747 S.W.2d at 195 . [citing Batson v. Kentucky, 476 U.S. 79 , 106 S.Ct. 1712, 1723 , 1724 n. 20, 90 L.Ed.2d 69 (1986)].”

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