green
Positive treatment
Quoted verbatim 1×
5.5 score
“thus it is important that the defendant come forward with facts, not just numbers alone, when asking the district court to find a prima facie case.”
Treatment trajectory · 1991 → 2026 · click a year to view as-of
1991
2008
2026
Top citers, strongest first. 11 distinct citers.
How cited ↗
discussed
Cited as authority (quoted)
Hamilton v. Roehrich
thus it is important that the defendant come forward with facts, not just numbers alone, when asking the district court to find a prima facie case.
discussed
Cited "see"
Held v. State
See United States v. Dawn, 897 F.2d 1444, 1448 (8th Cir.), cert. denied, 498 U.S. 960 , 111 S.Ct. 389 , 112 L.Ed.2d 400 (1990) (holding that “numbers alone are not sufficient to establish or negate a prima facie ease.”) Rather, “determining whether a pri-ma facie case has been established requires consideration of all relevant circumstances, including whether there has been a pattern of strikes against members of a particular race.” Edmonson v. Leesville Concrete Co., 500 U.S. 614, 631 , 111 S.Ct. 2077, 2088 , 114 L.Ed.2d 660 (1991).
discussed
Cited "see"
United States v. Bergodere
A defendant who advances a Batson argument ordinarily should “come forward with facts, not just numbers alone.” Moore, 895 F.2d at 485 ; accord United States v. Dawn, 897 F.2d 1444, 1448 (8th Cir.), cert. denied, 498 U.S. 960 , 111 S.Ct. 389 , 112 L.Ed.2d 400 (1990).
cited
Cited "see"
United States v. Shannon Wayne Agofsky, United States of America v. Joseph Anthony Agofsky
See United States v. Dawn, 897 F.2d 1444, 1450 (8th Cir.), cert. denied, 498 U.S. 960 , 111 S.Ct. 389 , 112 L.Ed.2d 400 (1990).
discussed
Cited "see, e.g."
Gary Lee Davis v. Executive Director of Department of Corrections, as Head of the Department of Corrections, Ari Zavaras
The Scarpa court described, our decision in Osborn as an "isolated case[j.” Id. at 5; see also Toomey v. Bunnell, 898 F.2d 741 , 744 n. 2 (9th Cir.) (“We have applied the Cronic exception very sparingly.”), cert. denied, 498 U.S. 960 , 111 S.Ct. 390 , 112 L.Ed.2d 400 (1990). 4 .
discussed
Cited "see, e.g."
Brewer v. Marshall
Rejecting this claim, both Respondent and the Magistrate Judge relied upon the First Circuit’s statement that “[a] defendant who advances a Batson argument ordinarily should ‘come forward with facts, not just numbers alone.’ ” Bergodere, 40 F.3d at 516 (quoting United States v. Moore, 895 F.2d 484, 485 (8th Cir.1990)); see also United States v. Dawn, 897 F.2d 1444, 1448 (8th *225 Cir.) (“[A] defendant who requests a prima facie finding of purposeful discrimination is obligated to develop [some] record, beyond numbers, in support of the asserted violation.”), cert. denied, 498 U.S…
discussed
Cited "see, e.g."
Tony Duckett v. Salvador Godinez Brian McKay
Compare United States v. Dawn, 897 F.2d 1444, 1450 (8th Cir.) (finding no error), cert. denied, 498 U.S. 960 , 111 S.Ct. 389 , 112 L.Ed.2d 400 (1990), with United States v. Webster, 769 F.2d 487, 490 (8th Cir.1985) (finding error).
discussed
Cited "see, e.g."
Jefferson v. United States
(2×)
See Teague v. Lane, 489 U.S. 288, 295 , 109 S.Ct. 1060, 1067 , 103 L.Ed.2d 334 (1989); United States v. Moore, 895 F.2d 484, 485-86 (8th Cir.1990); United States v. Battle, 836 F.2d 1084, 1085 (8th Cir.1987); Mejia v. State, 328 Md. 522 , 616 A.2d 356, 361 (1992); People v. Jenkins, 75 N.Y.2d 550 , 555 N.Y.S.2d 10, 12-13 , 554 N.E.2d 47, 49-50 (1990); see also United States v. Dawn, 897 F.2d 1444, 1448 (8th Cir.1990) ("number of peremptory challenges the prosecutor exercises to exclude black members of the venire” is not enough for prima facie showing, trial court should consider all facts a…
discussed
Cited "see, e.g."
People v. Nunez
(2×)
See, e.g., United States v. Dawn, 897 F.2d 1444, 1450 (8th Cir.) (finding harmless error because evidence against defendant was relatively strong), cert. denied, ___ U.S. ___, 111 S.Ct. 389 , 112 L.Ed.2d 400 (1990); United States v. Webster, 769 F.2d 487, 490-91 (8th Cir.1985) (finding harmless error based on Burse exceptions); United States v. Hicks, 748 F.2d 854, 857 (4th Cir.1984) (finding no harmless error but recognizing Burse exceptions); United States v. Grapp, 653 F.2d 189, 194-95 (5th Cir.1981) (finding harmless error because alibi was not a defense to charges); United States v. Guill…
discussed
Cited "see, e.g."
United States v. Alonzo Day
See Hernandez, 111 S.Ct. at 1866 ("Once a prosecutor has offered a race-neutral explanation for the peremptory challenges and the trial court has ruled on the ultimate question ... the preliminary issue of ... a prima facie showing becomes moot.”); see also United States v. Dawn, 897 F.2d 1444 , 1449 n. 5 (8th Cir.), (noting that explanations about peremptory challenges without prior establishment of a prima facie case "is not required by Batson and may not even be appropriate in all circumstances”), cert. denied, — U.S. -, 111 S.Ct. 389 , 112 L.Ed.2d 400 (1990). 5 .
discussed
Cited "see, e.g."
United States v. Wesley Willie
(2×)
The defendant must identify facts and circumstances that support the inference of discrimination, such as a pattern of discriminatory strikes, the prosecutor’s statements during voir dire suggesting discriminatory purpose, or the fact that white persons were chosen for the petit jury who seemed to have the same qualities as stricken black venirepersons.” United States v. Allison, 908 F.2d 1531, 1538 (11th Cir.) (quoting United States v. Young-Bey, 893 F.2d 178, 179 (8th Cir.1990)), reh’g denied, 920 F.2d 13 (1990) (en banc); see also United States v. Dawn, 897 F.2d 1444, 1448 (8th Cir.) …
Retrieving the full opinion text from the archive…
Toomey
v.
Bunnell, Warden
v.
Bunnell, Warden
No. 90-5707.
Supreme Court of the United States.
Nov 5, 1990.
Published
Citer courts: D. Minnesota (1)
C. A. 9th Cir. Certiorari denied.