peremptory strike challenge (Missouri) · Go Syfert
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peremptory strike challenge in Missouri

5 Missouri opinions name it 2 courts 1995–2021 1 in the last five years

The cases below were cited by Missouri 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 (6)

CaseFollowedCited
Stasi v. Truman Medical Center, Inc.green
moctapp · 2010 · cited in 3 Missouri opinions naming this issue, 2012–2021
2 sentences

2021“One of the differences between a peremptory strike and a challenge for cause is that, in choosing to exercise a peremptory strike, an attorney or party ‘is allowed a subjective evaluation of the honesty and accuracy of the statement of the venireperson.’” Id. (quoting State v. Rollins, 321 S.W.3d 353, 368 (Mo. App. W.D. 2010). “[T]he exercise of peremptory challenges is the product of the subjective analyses of a wide variety of character and personality traits perceived by counsel.

2012One of the differences between a peremptory strike and a challenge for cause is that, in choosing to exercise a peremptory strike, an attorney or party “is allowed a subjective evaluation of the honesty and accuracy of the statement of the venireperson.” State v. Rollins, 321 S.W.3d 353, 368 (Mo.App.2010), cert. denied; — U.S. —, 131 S.Ct. 2115 , 179 L.Ed.2d 910 (2011).

33
State v. Antwinegreen
mo · 1987 · cited in 1 Missouri opinions naming this issue, 2021–2021
1 sentence

2021Batson does not prohibit ‘hunch’ challenges so long as racial animus is not the motive.” State v. Antwine, 743 S.W.2d 51, 67 (Mo. 1987).

11
State v. Robinsongreen
moctapp · 1992 · cited in 1 Missouri opinions naming this issue, 2017–2017
1 sentence

2017The State points to State v. Robinson, in which a prosecutor’s “hunch” that a prospective juror was sympathetic to the defendant was adequate to support a peremptory strike because the factors relied on were race-neutral. 832 S.W.2d 941, 944 (Mo. App. E.D. 1992) (citing State v. Kemper, 824 S.W.2d 909, 911 (Mo. banc 1992) (explaining that Batson permits prosecutors to “play hunches” if the factors relied on are race-neutral)).

11
State v. Kempkergreen
mo · 1992 · cited in 1 Missouri opinions naming this issue, 2017–2017
1 sentence

2017The State points to State v. Robinson, in which a prosecutor’s “hunch” that a prospective juror was sympathetic to the defendant was adequate to support a peremptory strike because the factors relied on were race-neutral. 832 S.W.2d 941, 944 (Mo. App. E.D. 1992) (citing State v. Kemper, 824 S.W.2d 909, 911 (Mo. banc 1992) (explaining that Batson permits prosecutors to “play hunches” if the factors relied on are race-neutral)).

11
State v. Dowgreen
moctapp · 2012 · cited in 1 Missouri opinions naming this issue, 2013–2013
1 sentence

2013“One of the differences between a peremptory strike and a challenge for cause is that, in choosing to exercise a peremptory strike, an attorney or party ‘is allowed a subjective evaluation of the honesty and accuracy of the statement of the venireperson.’ ” State v. Dow, 375 S.W.3d 845, 850 (Mo.App.

11
OZARK FIRE PROTECTION, INC. v. Franklingreen
moctapp · 2008 · cited in 1 Missouri opinions naming this issue, 2012–2012
1 sentence

2012Hence, “[b]eeause weighing the legitimacy of the State’s explanation for a peremptory strike is, by nature, a subjective exercise, ‘we place great reliance in the trial court’s judgment.’ ” State v. Brown, 246 S.W.3d 519, 525 (Mo.App.2008) (quoting Morrow, 968 S.W.2d at 114 ).

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (4)

CaseCitedYears
State v. Morrow green
mo · 1998
2 sentences

2021“One of the differences between a peremptory strike and a challenge for cause is that, in choosing to exercise a peremptory strike, an attorney or party ‘is allowed a subjective evaluation of the honesty and accuracy of the statement of the venireperson.’” Id. (quoting State v. Rollins, 321 S.W.3d 353, 368 (Mo. App. W.D. 2010). “[T]he exercise of peremptory challenges is the product of the subjective analyses of a wide variety of character and personality traits perceived by counsel.

2012Hence, “[b]eeause weighing the legitimacy of the State’s explanation for a peremptory strike is, by nature, a subjective exercise, ‘we place great reliance in the trial court’s judgment.’ ” State v. Brown, 246 S.W.3d 519, 525 (Mo.App.2008) (quoting Morrow, 968 S.W.2d at 114 ).

22012–2021
Smith v. Illinois neutral
scotus · 2011
1 sentence

2012One of the differences between a peremptory strike and a challenge for cause is that, in choosing to exercise a peremptory strike, an attorney or party “is allowed a subjective evaluation of the honesty and accuracy of the statement of the venireperson.” State v. Rollins, 321 S.W.3d 353, 368 (Mo.App.2010), cert. denied; — U.S. —, 131 S.Ct. 2115 , 179 L.Ed.2d 910 (2011).

12012–2012
Rollins v. Missouri green
scotus · 2011
1 sentence

2012One of the differences between a peremptory strike and a challenge for cause is that, in choosing to exercise a peremptory strike, an attorney or party “is allowed a subjective evaluation of the honesty and accuracy of the statement of the venireperson.” State v. Rollins, 321 S.W.3d 353, 368 (Mo.App.2010), cert. denied; — U.S. —, 131 S.Ct. 2115 , 179 L.Ed.2d 910 (2011).

12012–2012
Batson v. Kentucky green
scotus · 1986
2 sentences

1995Batson, 476 U.S. at 89 , 106 S.Ct. at 1719 .

1995Batson, 476 U.S. at 89 , 106 S.Ct. at 1719 .

11995–1995

Where else courts name it

MO 5 (1995–2021) KY 3 (2004–2020)

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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