prosecutor exercised a peremptory challenge (Indiana) · Go Syfert
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prosecutor exercised a peremptory challenge in Indiana

5 Indiana opinions name it 2 courts 2006–2026 1 in the last five years

The cases below were cited by Indiana courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

CaseFollowedCited
Highler v. Stategreen
ind · 2006 · cited in 4 Indiana opinions naming this issue, 2007–2026
2 sentences

2026“First, the trial court must determine whether the defendant has made a prima facie showing that the prosecutor exercised a peremptory challenge on the basis of race.” Id. at 826- 27.

2012First, the trial court must determine “whether the defendant has made a prima facie showing that the prosecutor exercised a peremptory challenge on the basis of race.” Id. at 826-27 .

14
Schumm v. Stategreen
indctapp · 2007 · cited in 1 Indiana opinions naming this issue, 2008–2008
2 sentences

2008When a party raises a Batson challenge, the trial court must undertake a three-step test. “ ‘First, the trial court must determine whether the defendant has made a prima facie showing that the prosecutor exercised a peremptory challenge on the basis of race.’ ” Schumm v. State, 866 N.E.2d 781, 789 (Ind.Ct.App.2007), reh’g granted on other grounds (quoting Highler v. State, 854 N.E.2d 823, 826 (Ind.2006)).

2008“Second, ‘the burden shifts to the State to present a race-neutral explanation for striking the juror.’” Schumm, 866 N.E.2d at 789 (quoting Highler, 854 N.E.2d at 827 ).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Indiana. Read the followed side critically anyway.

Also cited on this issue (1)

CaseCitedYears
Batson v. Kentucky green
scotus · 1986
2 sentences

2006Batson, 476 U.S. at 96-97 , 106 S.Ct. 1712 .

2006Batson, 476 U.S. at 96-97 , 106 S.Ct. 1712 .

12006–2006

Where else courts name it

CA 42 (1984–2025) LA 12 (1995–2014) PA 12 (2002–2023) NY 11 (1989–2026) IN 5 (2006–2026) NE 5 (2010–2026) MS 4 (2006–2008) OH 4 (1990–2008) FL 3 (1991–2006) IL 3 (2009–2022) TX 3 (1990–2009) CO 3 (1997–2021) IA 2 (2019–2019) WA 2 (2011–2011) MN 2 (2009–2009)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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