Tompkins v. State’s Empirical Analysis

Citation profile

6 federal appellate · 133 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 144 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““A prima facie case represents the minimum quantum of evidence necessary to support a rational inference that the allegation of fact is true. The party with the burden of proof must produce at least this much evidence to avoid a finding that the allegation is not true as a matter of law. Once produced, however, the allegation must be found true unless it is contradicted, impeached, or rebutted by other evidence. ...””

   6 later decisions quote this exact passage
   e.g. 30 Cal. 4th 1302 - People v. Johnson · Dewberry v. State

2. “In a supplemental brief ... appellant has offered just such a comparison, inviting this Court to employ the record of jury selection that exists in this cause to impeach or rebut testimony given by the prosecutors at the “Batson” hearing.... However, even though the trial judge might have judicially noticed or independently recalled testimony from the jury selection process, there is nothing in the “Batson” hearing to suggest that she was requested by defense counsel to do so. In short, at the “Batson” hearing counsel for appellant gave no indication to the trial judge that he wanted her to consider the credibility of any neutral explanation offered by the State based upon the manner in which similarly-situated white veniremen were treated during voir dire. [[Image here]] Because the trial judge was not urged to make, and did not make, a finding based upon a comparison analysis in deciding the issue whether the prosecutors’ neutral explanations were rebutted or impeached at the “Batson” hearing with evidence that unchallenged white veniremen also possessed the same purportedly undesirable characteristics, we do not consider this circumstance in reviewing the trial judge’s findings in this cause.”

   2 later decisions quote this exact passage · from the concurrence
   e.g. Vargas v. State · Jones v. State

3. “[W]e find that the prosecuting attorney’s reasons that she gave constitute a racially neutral explanation, and it is not the office of this Court to judge her credibility. Explicit in Batson, supra, is that a prosecuting attorney is free to exercise his peremptory strikes, provided that they are non-race related. “The challenge, after all, is still a peremptory one.””

   2 later decisions quote this exact passage · from the concurrence
   e.g. United States v. Uwaezhoke · Jones v. State