Gardner v. State’s Empirical Analysis

Citation profile

5 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “First, the plaintiff has the burden of proving ... a prima facie case of discrimination. Second, if the plaintiff succeeds in proving the prima facie case, the burden shifts to the defendant to articulate some nondiscriminatory reason for the employee’s rejection. Third, should the defendant carry this burden, the plaintiff must then have an opportunity to prove by a preponderance of the evidence that the legitimate reasons offered by the defendant were not its true reasons, but were pretext for discrimination.”

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

2. “must necessarily gauge the credibility of [the prosecutor's] testimony, determined in part, at least, by the plausibility of his explanation. This task is no different in principle than any other factfinding enterprise.”

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

3. “A reviewing court should reverse [the trial court's] findings only when they are not supported by sufficient evidence or, as we often say, for an `abuse of discretion.'”

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