Guy v. State’s Empirical Analysis

Citation profile

2 district · 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[although the trial judge did not explicitly state on the record that he was “engaging in the third Batson analytical step,” that he did so is evident from his ruling. The court’s ruling referred both to the record created by the State and to the initial inference of discrimination created by defense counsels’ objection. It also demonstrated that the trial judge had addressed and evaluated all the evidence introduced by each side. Additionally, the trial judge’s implicit “warning” that future strikes of African-American panelists might not be upheld, “signaled” to the parties that even though petitioner had failed to meet his burden to show purposeful discrimination, future strikes could weaken the assessment of the prosecution’s [then sufficient] explanations as to the [first six] challenges.”

   1 later decision quote this exact passage
   e.g. 950 F. Supp. 2d 746 - Guy v. Phelps

2. “The jury instruction given with respect to Felony Murder required the jury to find that the murder was a foreseeable consequence of the robbery of the victim. The First Degree Murder jury instruction did not mention foreseeability. Both instructions addressed the law of accomplice liability. [Petitioner] contend that giving the jury one accomplice liability instruction for Murder First Degree, that made no reference to foreseeability, and a second accomplice liability instruction for Felony Murder, confused the jury.”

   1 later decision quote this exact passage
   e.g. 950 F. Supp. 2d 746 - Guy v. Phelps

3. “I will allow the State to exercise this challenge based upon the record they created. Caution, however, should be given as far as future challenges, because, I will note, of the six challenges that have been made by the State, there have been — and although, perhaps justified — three of them have been black females, two of them have been black males and only one has been a Caucasian.”

   1 later decision quote this exact passage
   e.g. 950 F. Supp. 2d 746 - Guy v. Phelps