84 Md. App. 323 - Bailey v. State’s Empirical Analysis
1990
Citation profile
27 state decisions
How this case has been cited
Cited by 27 later decisions — most recently September 2013 · most notably McKinnon v. State (1974), 92 Md. App. 56 - Eiland v. State (1992)
27 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on McDonnell Douglas Corp. v. Green · Texas Department of Community Affairs v. Burdine · Batson v. Kentucky · United States Postal Service Board of Governors v. Aikens · Evans v. State
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 27 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““It is the trial judge who is in close touch with the racial mood, be it harmonious or be it tense, of the local community, either as a general proposition or with respect to a given trial of high local interest. The trial judge is positioned to observe the racial composition of the venire panel as a whole, a vital fact frequently not committed to the record and, therefore, unknowable to the reviewing court. The trial judge is able to get the ‘feel’ of the opposing advocates — to watch their demean- or, to hear their intonations, and to spot their frequently unspoken purposes. It is a total process in which nonverbal communication may often be far more revealing than the formal words on the type-written page. The standard of review, therefore, is perforce that of whether the trial judge’s fact finding ... is clearly erroneous.””
4 later decisions quote this exact passage““... carefully calibrated to guarantee that charges of racial discrimination, calling into play the full strictures of Batson , are neither carelessly indulged nor promiscuously invoked. This is why Batson requires that the appellant establish a prima facie case of discrimination at the threshold before full constitutional mobilization takes place. That is why the elaborate responses of Batson are not intended to be a knee-jerk reaction every time a charge of discrimination is laid.””
1 later decision quote this exact passage“In reviewing the trial judge’s decision [regarding the existence of a prima facie case], appellate courts do not presume to second-guess the call by the “umpire on the field” either by way of de novo fact finding or by way of independent constitutional judgment. It is the trial judge who enjoys the immeasurably superior vantage point to sense the mood and to catch the tone of the entire proceeding.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.