People v. Brown’s Empirical Analysis

Citation profile

7 federal appellate · 4 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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[T]he People’s removal of seven African-Americans through the exercise of eight peremptory challenges was inadequate, without more, to require the trial court to find a prima facie showing of discrimination. After defendant raised her Batson challenge during the second round of voir dire, the Judge stated that, by his count, nine potential jurors in the first panel and six in the second panel appeared to be African-American and as such the People had challenged 7 of the 15 African-Americans in the venire. Further, four of the seven sworn jurors were African-American. Defendant was explicitly invited by the trial court to articulate any facts and circumstances that would support a prima facie showing of discrimination. Instead of making “a record comparing Caucasians accepted with similarly situated African-Americans challenged, or by establishing objective facts indicating that the prosecutor has challenged members of a particular racial, group who might be expected to favor the prosecution because of their backgrounds” ([People v.] Bolling, 79 N.Y.2d [317] at 324, 582 N.Y.S.2d 950 , 591 N.E.2d 1136 [(1992)]), defense counsel responded that certain persons excused by prosecution per-emptories had no prior jury service or had attended college and, thus, gave no indication that they could not be “fair.” Based on the numbers and arguments presented, the trial court ruled that it did not find a discriminatory pattern. No further Batson objection was raised during the remainder of”

   1 later decision quote this exact passage · from the majority
   e.g. 182 F. Supp. 3d 74 - Carmichael v. Chappius

2. “Defendant was explicitly invited by the trial court to articulate any facts and circumstances that would support a pri-ma facie showing of discrimination. Instead of making a record comparing Caucasians accepted with similarly situated African-Americans challenged, or by establishing objective facts indicating that the prosecutor has challenged members of a particular racial group who might be expected to favor the prosecution because of their backgrounds, defense counsel responded that certain persons excused by prosecution peremptories had no prior jury service or had attended college and, thus, gave no indication that they could not be ‘fair.’ Based on the numbers and arguments presented, the trial court ruled that it did not find a discriminatory pattern. No further Batson objection was raised during the remainder of voir dire proceedings. Upon this record, we conclude that defendant’s numerical argument was unsupported by factual assertions or comparisons that would serve as a basis for a prima facie case of impermissible discrimination.”

   1 later decision quote this exact passage · from the majority
   e.g. Brown v. Alexander

3. “My own years ... dealing with countless Batson challenges, have brought me far closer to the perception of Justice Thurgood Marshall ....”

   1 later decision quote this exact passage · from the majority
   e.g. State of Iowa v. Kenneth L. Lilly