Bausley v. State’s Empirical Analysis

Citation profile

3 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “When reviewing a Batson challenge, we examine the record in the light most favorable to the trial judge’s ruling. We reverse the trial judge’s ruling only when it is clearly erroneous. A ruling is clearly erroneous when, after searching the record, we are left with the “definite and firm conviction that a mistake has been committed.” If the trial judge’s ruling is supported by the record, including the voir dire, the prosecutor’s explanation of her peremptory challenges, appellant’s rebuttal, and any impeaching evidence, then the trial judge’s ruling is not clearly erroneous. To challenge the State’s use of peremptory strikes under Batson , a defendant must first make a prima facie showing that the State exercised peremptory strikes on the basis of race. Once a defendant makes a prima facie showing of purposeful discrimination, the State must then provide a race neutral explanation for striking the prospective jurors in question. This step of the process does not demand a persuasive or even plausible explanation; rather, the State’s reason for the strike will be deemed race neutral unless a discriminatory intent is inherent in the prosecutor’s explanation. If the State provides a race neutral explanation for its strikes, the defendant must rebut the State’s explanation or show that the explanation was merely a sham or pretext. To meet this burden, the defendant may call witnesses and introduce evidence just as in any other evidentiary hearing. The defendant has the ultimate b”

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