attorney who exercises challenge (Illinois) · Go Syfert
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attorney who exercises challenge in Illinois

20 Illinois opinions name it 2 courts 1991–2025 2 in the last five years

The cases below were cited by Illinois 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
Hernandez v. New Yorkgreen
scotus · 1991 · cited in 17 Illinois opinions naming this issue, 1991–2025
2 sentences

2025Our supreme court has stated: “As the Supreme Court observed in Hernandez v. New York, 500 U.S. 352, 365 (1991), there will seldom be much evidence bearing upon the ultimate question of discrimination and the ‘best evidence often will be the demeanor of the attorney who exercises the challenge.’ The evaluation of the attorney’s state of mind is most often ‘based on demeanor and credibility’ and thus ‘lies “peculiarly within the trial judge’s province.” ’ Hernandez, 500 U.S. at 365 , quoting Wainwright v. Witt, 469 U.S. 412, 428 (1985).

2025Our supreme court has stated: “As the Supreme Court observed in Hernandez v. New York, 500 U.S. 352, 365 (1991), there will seldom be much evidence bearing upon the ultimate question of discrimination and the ‘best evidence often will be the demeanor of the attorney who exercises the challenge.’ The evaluation of the attorney’s state of mind is most often ‘based on demeanor and credibility’ and thus ‘lies “peculiarly within the trial judge’s province.” ’ Hernandez, 500 U.S. at 365 , quoting Wainwright v. Witt, 469 U.S. 412, 428 (1985).

817
People v. Riveragreen
ill · 2006 · cited in 5 Illinois opinions naming this issue, 2006–2025
2 sentences

2016Hernandez v. New York, 500 U.S. 352, 365 (1991) (“the best evidence [bearing on the ultimate question of discrimination] often will be the demeanor of the attorney who exercises the challenge”); Rivera, 221 Ill. 2d at 502 (“[A] trial court’s third stage finding on the ultimate issue of discrimination rests largely on credibility determinations.

2016Hernandez v. New York, 500 U.S. 352, 365 (1991) (“the best evidence [bearing on the ultimate question of discrimination] often will be the demeanor of the attorney who exercises the challenge”); Rivera, 221 Ill. 2d at 502 (“[A] trial court’s third -9- No. 1-16-1259 stage finding on the ultimate issue of discrimination rests largely on credibility determinations.

45
Wainwright v. Wittgreen
scotus · 1985 · cited in 6 Illinois opinions naming this issue, 1994–2025
2 sentences

2025Our supreme court has stated: “As the Supreme Court observed in Hernandez v. New York, 500 U.S. 352, 365 (1991), there will seldom be much evidence bearing upon the ultimate question of discrimination and the ‘best evidence often will be the demeanor of the attorney who exercises the challenge.’ The evaluation of the attorney’s state of mind is most often ‘based on demeanor and credibility’ and thus ‘lies “peculiarly within the trial judge’s province.” ’ Hernandez, 500 U.S. at 365 , quoting Wainwright v. Witt, 469 U.S. 412, 428 (1985).

2011The evaluation of the attorney’s state of mind is most often “based on demeanor and credibility” and thus “lies ‘peculiarly within the trial judge’s province.’ ” Hernandez, 500 U.S. at 365 (quoting Wainwright v. Witt, 469 U.S. 412, 428 (1985)).

36
Snyder v. Louisianagreen
scotus · 2008 · cited in 3 Illinois opinions naming this issue, 2014–2014
2 sentences

2014In noting the pivotal role of the trial court at this stage, the Supreme Court in Snyder v. Louisiana, 552 U.S. 472, 477 (2008), stated as follows: "Step three of the Batson inquiry involves an evaluation of the prosecutor's credibility [citation], and the 'best evidence [of discriminatory intent] often will be the demeanor of the attorney who exercises the challenge,' [citation].

2014Id. (citing Batson, 476 U.S. at 98 ). ¶ 103 This third step of the Batson inquiry “involves an evaluation of the prosecutor’s credibility [citation] and ‘the best evidence [of discriminatory intent] often will be the demeanor of the attorney who exercises the challenge.’ ” Snyder v. Louisiana, 552 U.S. 472, 477 (2008) (quoting Hernandez v. New York, 500 U.S. 352, 365 (1991) (plurality op.)).

33
McDonnell v. McPartlingreen
ill · 2000 · cited in 2 Illinois opinions naming this issue, 2016–2016
2 sentences

2016McDonnell v. McPartlin, 192 Ill. 2d 505, 527 (2000).” (Emphasis omitted.)).

2016McDonnell v. McPartlin, 192 Ill. 2d 505, 527 (2000).” (Emphasis omitted.)).

22
People v. Johnsongreen
illappct · 1991 · cited in 1 Illinois opinions naming this issue, 2022–2022
1 sentence

2022As with the state of mind of a juror, evaluation of the prosecutor’s state of mind based on demeanor and credibility lies “peculiarly within a trial judge’s province.’ [Citation.]” People v. Johnson, 218 Ill.

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (4)

CaseCitedYears
People v. Davis green
ill · 2008
1 sentence

2025As the Supreme Court acknowledged in Hernandez, the credibility of the attorney’s explanation ‘goes to the heart of the equal protection analysis, and once that has been settled, there seems nothing left to review.’ (Emphasis added.) Hernandez, 500 U.S. at 367 .” Rivera, 221 Ill. 2d at 502 . ¶ 98 Our supreme court has further recognized that “a race-neutral reason for a challenge often invokes a juror’s demeanor (e.g., nervousness, inattention, the way words are emphasized to express differing meanings), making the trial court’s firsthand observations of crucial importance.” Davis, 231 Ill. 2d

12025–2025
Batson v. Kentucky green
scotus · 1986
1 sentence

2014Id. (citing Batson, 476 U.S. at 98 ). ¶ 103 This third step of the Batson inquiry “involves an evaluation of the prosecutor’s credibility [citation] and ‘the best evidence [of discriminatory intent] often will be the demeanor of the attorney who exercises the challenge.’ ” Snyder v. Louisiana, 552 U.S. 472, 477 (2008) (quoting Hernandez v. New York, 500 U.S. 352, 365 (1991) (plurality op.)).

12014–2014
Purkett v. Elem green
scotus · 1995
1 sentence

2014Id. (citing Batson, 476 U.S. at 98 ). ¶ 103 This third step of the Batson inquiry “involves an evaluation of the prosecutor’s credibility [citation] and ‘the best evidence [of discriminatory intent] often will be the demeanor of the attorney who exercises the challenge.’ ” Snyder v. Louisiana, 552 U.S. 472, 477 (2008) (quoting Hernandez v. New York, 500 U.S. 352, 365 (1991) (plurality op.)).

12014–2014
Patton v. Yount green
scotus · 1984
2 sentences

1994As with the state of mind of a juror, evaluation of the prosecutor's state of mind based on demeanor and credibility lies `peculiarly within a trial judge's province.' Wainwright v. Witt, 469 U.S. 412, 428 , [ 105 S.Ct. 844, 854 , 83 L.Ed.2d 841 ] (1985), citing Patton v. Yount, 467 U.S. 1025, 1038 , [ 104 S.Ct. 2885, 2892 , 81 L.Ed.2d 847 ] (1984)." Hernandez, 500 U.S. at 365 , 111 S.Ct. at 1869 , 114 L.Ed.2d at 409 .

1994As with the state of mind of a juror, evaluation of the prosecutor's state of mind based on demeanor and credibility lies `peculiarly within a trial judge's province.' Wainwright v. Witt, 469 U.S. 412, 428 , [ 105 S.Ct. 844, 854 , 83 L.Ed.2d 841 ] (1985), citing Patton v. Yount, 467 U.S. 1025, 1038 , [ 104 S.Ct. 2885, 2892 , 81 L.Ed.2d 847 ] (1984)." Hernandez, 500 U.S. at 365 , 111 S.Ct. at 1869 , 114 L.Ed.2d at 409 .

11994–1994

Where else courts name it

AL 37 (1992–2018) TX 36 (1992–2023) IL 20 (1991–2025) TN 15 (1992–2026) OH 15 (2000–2025) CA 13 (1997–2023) KS 11 (1994–2021) RI 10 (1992–2018) PA 10 (2002–2018) CO 9 (2008–2024) IN 9 (1997–2020) MO 8 (1992–2002) GA 7 (1995–2020) MI 6 (2005–2021) OK 6 (1994–2021) VA 6 (1992–2018) KY 5 (2006–2020) NY 4 (1994–2024) SC 4 (1991–1997) NC 4 (1991–2020) MS 4 (2007–2023) DC 4 (2005–2023) AR 3 (1996–1997) MD 3 (2004–2019) WA 3 (2008–2017) WY 3 (2000–2020) LA 3 (2006–2018) OR 3 (1993–2001) AZ 2 (2010–2022) WV 2 (1993–2001) NE 2 (1995–2003) IA 2 (2022–2024) ID 2 (2020–2025) UT 2 (1997–2008)

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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