749 So. 2d 276 - Lard 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. “The Bishop court stated: "Bishop's claim focuses on the use of a criterion closely tied to race and raises the following question: Under what circumstances does such a criterion cease being race-neutral and become a surrogate for impermissible racial biases?" Bishop, 959 F.2d at 823 . The court noted the Government's argument that the prosecutor did not challenge Ms. Burr because she was black, but (at least in part) because she lived in Compton, a poor and violent community whose residents are likely to be "anesthetized to such violence" and "more likely to think that the police probably used excessive force." Id. at 825 . In finding the prosecutor's explanation pre-textual, the Bishop court found that "the proffered reasons (that people from Compton are likely to be hostile to the police because they have witnessed police activity and are inured to violence) are generic reasons, group-based presuppositions applicable in all criminal trials to residents of poor, predominantly black neighborhoods. They amounted to little more than the assumption that one who lives in an area heavily populated by poor black people could not fairly try a black defendant." Id. at 825 . "To strike black jurors who reside in such communities on the assumption they will sympathize with a black defendant rather than the police is akin to striking jurors who speak Spanish merely because the case involves Spanish-speaking witnesses.... [T]he prosecutor's justification in this case, unlike in Hernandez”

   1 later decision quote this exact passage · from the concurrence
   e.g. 811 So. 2d 286 - Bogan v. State

2. “U.S. v. Bishop, 959 F.2d 820, 826 (9th Cir.1992) (citing Hernandez v. New York, 500 U.S. 352 , 111 S.Ct. 1859 , 114 L.Ed.2d 395 (1991)) instructs that if the justification is tainted by impermissible generalizations regarding racial groups and their environment, the trial judge's credibility determinations are not in question. The trial judge need not reach the issue of whether the prosecutor's explanation was honest or merely a sham, for even assuming it was sincere, the State's explanation is not sufficient to satisfy Batson because a discriminatory intent is inherent in the prosecutor's explanation. Id. at 827.”

   1 later decision quote this exact passage · from the concurrence
   e.g. 811 So. 2d 286 - Bogan v. State