Tennard v. State’s Empirical Analysis

Citation profile

5 federal appellate · 91 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 97 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “If the defendant raises an inference of purposeful discrimination through the State’s use of its peremptory strikes, and the trial court determines that a prima facie case of discrimination exists, then the burden shifts to the prosecutor who must come forward with a neutral explanation for the challenges. The trial court must then determine whether despite the State’s explanation, the defendant has established purposeful discrimination.”

   1 later decision quote this exact passage · from the majority
   e.g. Coggeshall v. State

2. “1. that he is a member of a cognizable racial group; 2. that the prosecutor has exercised peremptory challenges to remove members of the defendant’s race from the venire; and 3. that these facts and any other relevant circumstances raise an inference that the prosecutor used peremptory challenges to exclude the veniremembers on account of their race.”

   1 later decision quote this exact passage · from the majority
   e.g. Gaines v. State

3. “The existence and results of a polygraph examination are inadmissible for all purposes.”

   1 later decision quote this exact passage · from the majority
   e.g. Leonard, William Thomas