party exercising challenge (Mississippi) · Go Syfert
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party exercising challenge in Mississippi

37 Mississippi opinions name it 2 courts 1990–2021 1 in the last five years

The cases below were cited by Mississippi 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 (5)

CaseFollowedCited
JEB v. Alabama Ex Rel. TBgreen
scotus · 1994 · cited in 10 Mississippi opinions naming this issue, 1991–2021
2 sentences

2021First, “a party alleging gender discrimination must make a prima facie showing of intentional discrimination before the party exercising the challenge 4 is required to explain the basis for the strike.” Brawner v. State, 872 So. 2d 1 , 10 (Miss. 2004) (citing J.E.B, 511 U.S. at 145).

2020The United States Supreme Court has held that “a party alleging gender discrimination must make a prima facie showing of intentional discrimination before the party exercising the challenge is required to explain the basis for the strike.” J.E.B., 511 U.S. at 144 -45 (citing Batson, 476 U.S. at 97 ).

610
McFarland v. Stategreen
miss · 1998 · cited in 5 Mississippi opinions naming this issue, 2004–2007
2 sentences

2007McFarland, 707 So.2d at 171 .

2007McFarland, 707 So.2d at 171 .

15
Flowers v. Stategreen
missctapp · 2014 · cited in 1 Mississippi opinions naming this issue, 2017–2017
2 sentences

2017“After a prima facie case has been made, the party exercising the challenge has the burden to articulate a race-neutral explanation for excluding the potential juror.” Flowers v. State, 144 So. 3d 188, 196-97 (¶29) (Miss.

2017“After a prima facie case has been made, the party exercising the challenge has the burden to articulate a race-neutral explanation for excluding the potential juror.” Flowers v. State, 144 So.3d 188, 196-97 (¶29) (Miss.

11
Snow v. Stategreen
miss · 2001 · cited in 1 Mississippi opinions naming this issue, 2007–2007
1 sentence

2007Snow v. State, 800 So.2d 472, 478 (Miss.2001), Once a prima facie case has been established, the party exercising the challenge has the burden to articulate a race-neutral explanation for excluding that potential juror.

11
Lynch v. Stategreen
miss · 2004 · cited in 1 Mississippi opinions naming this issue, 2006–2006
1 sentence

2006McFarland, 707 So.2d at 171 (¶ 14). "`[A]ny reason which is not facially violative of equal protection will suffice.'" Lynch, 877 So.2d at 1271 (¶ 49) (citations omitted).

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (4)

CaseCitedYears
Stewart v. State green
miss · 1995
2 sentences

2003Batson, 476 U.S. at 97-98 , 106 S.Ct. at 1723-24 ; Stewart, 662 So.2d at 558 .

2002Batson, 476 U.S. at 97-98 , 106 S.Ct. at 1723 - 24; Stewart, 662 So.2d at 558 .

181993–2003
Batson v. Kentucky green
scotus · 1986
2 sentences

2020The United States Supreme Court has held that “a party alleging gender discrimination must make a prima facie showing of intentional discrimination before the party exercising the challenge is required to explain the basis for the strike.” J.E.B., 511 U.S. at 144 -45 (citing Batson, 476 U.S. at 97 ).

2008Id.

161990–2020
Hernandez v. New York green
scotus · 1991
2 sentences

1996Referencing Hernandez v. New York, 500 U.S. 352 , 111 S.Ct. 1859 , 114 L.Ed.2d 395 (1991), the Court further held that "[w]hen an explanation is required, it need not rise to the level of a `for cause' challenge; rather, it merely must be based on a juror characteristic other than gender, and the proffered explanation may not be pretextual." J.E.B., 511 U.S. at 144, 114 S.Ct. at 1430 , 128 L.Ed.2d at 107 .

1996Referencing Hernandez v. New York, 500 U.S. 352 , 111 S.Ct. 1859 , 114 L.Ed.2d 395 (1991), the Court further held that "[w]hen an explanation is required, it need not rise to the level of a `for cause' challenge; rather, it merely must be based on a juror characteristic other than gender, and the proffered explanation may not be pretextual." J.E.B., 511 U.S. at 144, 114 S.Ct. at 1430 , 128 L.Ed.2d at 107 .

31991–1996
Brawner v. State green
miss · 2004
1 sentence

2021First, “a party alleging gender discrimination must make a prima facie showing of intentional discrimination before the party exercising the challenge 4 is required to explain the basis for the strike.” Brawner v. State, 872 So. 2d 1 , 10 (Miss. 2004) (citing J.E.B, 511 U.S. at 145).

12021–2021

Statutes the citing opinions construe

MS § Miss. Code Ann. § 99-19-105 (11) MS § Miss. Code Ann. § 97-3-19 (10) MS § Miss. Code Ann. § 99-19-101 (8) MS § Miss. Code Ann. § 97-5-39 (6) MS § Miss. Code Ann. § 97-3-7 (5) MS § Miss. Code Ann. § 97-3-73 (5) MS § Miss. Code Ann. § 97-3-79 (5) MS § Miss. Code Ann. § 97-3-65 (4) MS § Miss. Code Ann. § 99-7-2 (4) MS § Miss. Code Ann. § 1-3-27 (3) MS § Miss. Code Ann. § 97-3-25 (3) MS § Miss. Code Ann. § 97-3-37 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

MS 37 (1990–2021) MA 13 (2003–2025) KS 11 (1982–2026) CT 7 (1939–2022) CA 7 (2002–2026) NC 5 (1997–2023) MI 4 (1998–2012) NJ 4 (1995–2025) WA 3 (2020–2024) GA 3 (1997–2021) NH 2 (1997–2012) FL 2 (1996–2003) LA 2 (1994–1998) IN 2 (1995–2001) TX 2 (1995–2015) OH 2 (2014–2022)

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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