Malone v. State’s Empirical Analysis

Citation profile

16 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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[Ms. Wayne]: The State exercised ten per-emptories against venire persons in this case. Of those ten, two were exercised against persons who were Black or African American. First one against venire person No. 4, who, during the course of the voir dire for the Defense attorney, indicated that he needed to take a rest to use the bathroom to take a break for some medical reason. It was the thinking of the State that he might not be able to sit through the course of this trial. The second one was venire person No. 23, who was nonresponsive to a question during the voir dire of the State, and made what I felt to be an inappropriate response to a question during the voir dire of the defense. And she was also very young. I would also note that we used that same reason to strike other venire persons who were not Black. [Mr. Malanga]: May we note, Judge, there were only two persons on that jury between the ages of 18 and 20. That is the juror that she struck, No. 20, and Mr. Sutton, a White male, No. 39. He was age 19. And we also exercised a strike on Mr. Shelton, age being 20 or other, for the peremptory challenge. [Court]: According to the record, as I saw it, there were only four possible jurors that were Black. And two of them were struck, two of them were left on. [[Image here]] [Mr. Malanga]: Judge, we would just like the Court to make a finding on the record, at this time, that he’s heard the prosecutors reasons for the peremptory challenges in question, and that the peremptor”

   1 later decision quote this exact passage · from the concurrence
   e.g. Malone v. State