Manning v. State’s Empirical Analysis

Citation profile

51 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 57 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) disparate treatment, that is, the presence of unchallenged jurors of the opposite race who share the characteristic given as the basis for the challenge; (2) the failure to voir dire as to the characteristic cited; ... (3) the characteristic cited is unrelated to the facts of the case; (4) lack of record support for the stated reason; and (5) group-based traits.”

   10 later decisions quote this exact passage
   e.g. Shelley v. State · Council v. State

2. “[a]lthough lack of record support is one indication of pretext . . . the basis for the prosecutor's strike need not be in the record.”

   3 later decisions quote this exact passage
   e.g. Pruitt v. State · Tameka Smith v. State of Mississippi

3. “Such deference is necessary because finding that a striking party engaged in discrimination is largely a factual finding and thus should be accorded appropriate deference on appeal. . . . Indeed, we will not overrule a trial court on a Batson ruling unless the record indicates that the ruling was clearly erroneous or against the overwhelming weight of the evidence.”

   2 later decisions quote this exact passage
   e.g. 964 So. 2d 1181 - White v. State · 981 So. 2d 979 - Scott v. State