Thomas v. Moore’s Empirical Analysis
866 F.2d 803 · 1989
Citation profile
25 federal appellate · 7 state decisions
How this case has been cited
Cited by 43 later decisions — most recently January 2019 · most notably United States v. Pofahl (1993), Smith v. Black (1990)
25 federal appellate · 7 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 Batson v. Kentucky · Wainwright v. Sykes · Swain v. State of Alabama · Griffith v. Kentucky · Bethlehem Steel Corp. v. Pemberton
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 43 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“, “A timely objection and the corresponding opportunity to evaluate the circumstances of the jury selection process are essential to a trial court’s reasoned application of the limitations placed on peremptory challenges by the Batson holding. The decision to exercise a peremptory challenge, in contrast to a challenge for cause, is subjective; and, often, the reasons behind that decision cannot be easily articulated. Determin-' ing whether a prosecutor has acted dis-criminatorily in his use of á'peremptory challenge depends greatly upon the observations of the presiding judge. See Batson, 476 U.S. at 98 n. 21, 106 S.Ct. at 1724 n. 21. Batson ‘requir[es] trial courts to be sensitive to the racially discriminatory üse of peremptory challenges.’ Id. at 99, 106 S.Ct. at 1724 . This firsthand review by the trial court is vital to the- balance struck between the historical role and practice of peremptory challenges and the demands of equal protection. See id. at 97, 98-99 & n. 22, 106 S.Ct. at 1723 , 1724 & n. 22.””
4 later decisions quote this exact passage · from the majority“[T]he evidentiary rule established in Batson does not enter the analysis of the defendant's equal protection claim unless a timely objection is made to the prosecutor's use of his peremptory challenges.”
1 later decision quote this exact passage · from the majoritye.g. Wilkerson v. Collins“a timely objection ... is a requisite to a Batson claim.”
1 later decision quote this exact passage · from the majoritye.g. Doe v. Burnham
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.