899 So. 2d 689 - State v. Elie’s Empirical Analysis

Citation profile

2 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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The court having sat through the voir dire examination, I am concerned about the number of the challenges because, in my opinion, it was a high number of challenges for black jurors by [the] prosecution. I am — and I think the law is that when we pass that initial burden, it's up to the prosecutor at that point to show the court that he has had race-neutral reasons for exercising those challenges, and those race-neutral reasons can't be simply gut instincts. They have to be articulated reasons. I am convinced that in his mind, Mr. Traylor [the prosecutor] did not believe that he was discriminating or exercising challenges for racial reasons and [that] is perhaps why he didn't take more copious notes to be able to state more specifically for the record what his race-neutral reasons are. I am satisfied with the answers that he has given. I think the law is that as long as those answers do have a basis and they are race-neutral, that the challenge — the peremptory challenges stand. So I find that the Batson challenge is denied.”

   1 later decision quote this exact passage
   e.g. 936 So. 2d 791 - State v. Elie

2. “[I]t does not appear that the trial court assessed the weight and credibility of the explanations, but merely accepted the explanations because they were racially neutral on their face. Therefore, the trial judge applied the incorrect standard in determining the validity of the prosecutor's reasons for challenging the black jurors by failing to determine whether the prosecutor's explanation was legitimate and acceptable. Elie, 899 So.2d at 695 .”

   1 later decision quote this exact passage
   e.g. 936 So. 2d 791 - State v. Elie

3. “[W]e hold the trial judge erred in not addressing defense counsel's Batson objections and this error raises serious federal constitutional equal protection issues affecting the rights of both the defendant and the excused venirepersons. Thus, defendant's conviction is reversed and the case remanded to the trial court for a new trial.”

   1 later decision quote this exact passage
   e.g. Alex v. Rayne Concrete Service