Espinoza v. State’s Empirical Analysis

Citation profile

15 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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “When the defendant initiates a line of questioning, the prosecutor is entitled to make a permissible inquiry without crossing into prosecutorial overkill.”

   4 later decisions quote this exact passage
   e.g. Nelson v. State · Roden v. State

2. “The court's ruling on a motion for mistrial ... is reviewed for an abuse of discretion.”

   3 later decisions quote this exact passage
   e.g. Hannifan v. American National Bank of Cheyenne · Terry v. Sweeney

3. “[A] defendant may establish a prima facie case of purposeful discrimination in selection of the petit jury [by showing first] that he is a member of a cognizable racial group, and that the prosecutor has exercised peremptory challenges to remove from the venire members of the defendant's race. Second, the defendant is entitled to rely on the fact ... that perempto-xy challenges constitute a jury selection practice that permits "those to discriminate who are of a mind to discriminate." Finally, the defendant must show that these facts and any other relevant cireum-stances raise an inference that the prosecutor used that practice to exclude the veniremen from the petit jury on account of their race. This combination of factors . raises the necessary inference of purposeful discrimination.”

   1 later decision quote this exact passage
   e.g. Beartusk v. State