State v. Tilley’s Empirical Analysis

Citation profile

57 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. “__|_yAlthough the state’s explanation must be based on more than an assumption or a hunch, State v. Collier, [ 553 So.2d 815 (La.1989) ], to be facially valid, it need not be persuasive, or even plausible; thus unless a discriminatory intent is inherent in the prosecutor’s explanation, the reason offered will be deemed race-neutral. State v. Hobley, 98-2460 (La. 12/15/99), 752 So.2d 771 ]; Purkett [v. Elem,] 514 U.S. [765] at 767, 115 S.Ct. [1769] at 1771, 131 L.Ed.2d 834 [(1995)]. Faced with a race-neutral explanation, the defendant then must prove to the trial court purposeful discrimination. Id. (Citing Batson, supra; Hernandez v. New York, 500 U.S. 352 , 111 S.Ct. 1859 , 114 L.Ed.2d 395 (1991)). The proper inquiry in the final stage of the Batson analysis is whether the defendant’s proof, when weighed against the prosecutor’s proffered race-neutral reasons, is sufficient to persuade the trial court that such discriminatory intent is present. Id. (Citing State v. Green, 94-0887 (La. 5/22/95), 655 So.2d 272, 290 ). Thus, the focus of the Batson inquiry is upon the intent of the prosecutor at the time he exercised his peremptory strikes. Id. The trial court should examine all of the available evidence in an effort to discern patterns of strikes and other statements or actions by the prosecutor during voir dire that support or reject a finding of dismminatory intent. Id.; State v. Tyler, 97-0338 (La. 9/9/98), 723 So.2d 939, 942-43 , cert. denied, Tyler v. Louisiana, 526 U.S. ”

   2 later decisions quote this exact passage · from the majority
   e.g. 201 So. 3d 400 - State v. Broussard · 216 So. 3d 117 - State v. James

2. “Contradiction is one means of rebutting testimony of a witness.”

   2 later decisions quote this exact passage · from the majority
   e.g. State v. Turnbo · 985 So. 2d 234 - State v. Jones

3. “[T]he purpose of voir dire is to discover grounds for challenges for causé and to secure information for the intelligent exercise of peremptory challenges. State v. Stacy, 96-0221 (La.10/15/96), 680 So.2d 1175, 1178 . A party interviewing a prospective juror may not ask a question or pose a hypothetical which would demand a commitment or prejudgment from the juror or which would pry into the juror’s opinions about issues to be resolved in the case. State v. Thibodeaux, 98-1673 (La.9/8/99), 750 So.2d 916 State v. Williams, 230 La. 1059 , 89 So.2d 898, 905 (1956). See also, State v. Square, 257 La. 743 , 244 So.2d 200, 226 (1971), judgment vacated in part, 408 U.S. 938 , 92 S.Ct. 2871 , 33 L.Ed.2d 760 (1972), mandate conformed to, 263 La. 291 , 268 So.2d 229 (1972) (“Voir dire examination is designed to test the competence and impartiality of prospective jurors and may not serve to pry into their opinions concerning evidence to be offered at trial.”). However, voir dire examination which goes to the determination of the qualifications of prospective jurors by testing their competency and impartiality is proper. State v. Stacy, supra, 680 So.2d at 1178 ; State v. Hall, 616 So.2d 664, 668 (La.1993). This Court in State v. St. Amant, 413 So.2d 1312, 1319 (La.1981) held that “because of the difficulty of the concepts and values which must be understood and applied by each juror in his deliberations^ counsel for each side is entitled to an opportunity to assess the personality and c”

   1 later decision quote this exact passage · from the majority
   e.g. 125 So. 3d 586 - State v. Mitchell