Pemberthy v. Beyer’s Empirical Analysis

Citation profile

4 federal appellate ·

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. “[a]lthough the State Appellate Division implicitly accepted the Attorney General's justification for the prosecutor's use of peremptory challenges as presented on appeal, the Prosecuting Attorney himself did not proffer directly any justification for his peremptory strikes.”

   1 later decision quote this exact passage · from the majority
   e.g. Pemberthy v. Beyer

2. “Thus, the decision to strike all Spanish-speaking persons--especially native speakers who speak it 'perfectly'--is, by definition, a decision to strike all Latino jurors. In this sense, the prosecutor in this case ... offered a race-based reason for excluding jurors.”

   1 later decision quote this exact passage · from the majority
   e.g. Pemberthy v. Beyer

3. “the prosecutor's stated reason, i.e., concern about prospective jurors' ability to accept the translations offered in court, was in fact a pretext for discrimination against members of the Latino community, who are defined and identified by their bilingual ability.”

   1 later decision quote this exact passage · from the majority
   e.g. Pemberthy v. Beyer