12 West Virginia opinions name it 1 courts 1993–2025 2 in the last five years
The cases below were cited by West Virginia 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.
| Case | Followed | Cited |
|---|---|---|
Batson v. Kentuckygreen2 sentences2017We addressed the Batson framework in Syllabus point 6 of Parham as follows: If a peremptory strike is challenged as being discriminatorily motivated in violation of equal protection, it is the duty of the trial court to apply the analytical framework set forth by the Supreme Court in Batson v. Kentucky, 476 U.S. 79 , 106 S.Ct. 1712 , 90 L.Ed.2d 69 (1986), and its progeny, together with any elucidations thereof adopted by this Court, before the venireperson is removed from the panel. 2017We addressed the Batson framework in Syllabus point 6 of Parham as follows: If a peremptory strike is challenged as being discriminatorily motivated in violation of equal protection, it is the duty of the trial court to apply the analytical framework set forth by the Supreme Court in Batson v. Kentucky, 476 U.S. 79 , 106 S.Ct. 1712 , 90 L.Ed.2d 69 (1986), and its progeny, together with any elucidations thereof adopted by this Court, before the venireperson is removed from the panel. | 3 | 7 |
Powers v. Ohiogreen2 sentences2021Petitioner further contends that the fact other minority jurors may still have been on the jury is irrelevant because the State “so blatantly exercised one out of two of its peremptory strikes to exclude a cognizable member to a minority group.” Petitioner argues that he does not have to be a member of the same race as the juror to have standing to raise a Batson claim, citing Holland v. Illinois, 493 U.S. 474 (1990), and Powers v. Ohio, 499 U.S. 400 (1991). 2021Petitioner further contends that the fact other minority jurors may still have been on the jury is irrelevant because the State “so blatantly exercised one out of two of its peremptory strikes to exclude a cognizable member to a minority group.” Petitioner argues that he does not have to be a member of the same race as the juror to have standing to raise a Batson claim, citing Holland v. Illinois, 493 U.S. 474 (1990), and Powers v. Ohio, 499 U.S. 400 (1991). | 1 | 4 |
United States v. Timothy John Ehrmanngreen2 sentences2025See U.S. 3 v. Ehrmann, 421 F.3d 774, 781-82 (8th Cir. 2005); Sneed v. Fla. Dep’t of Corr., 496 F. App’x 20, 27 (11th Cir. 2012). 2025See U.S. 3 v. Ehrmann, 421 F.3d 774, 781-82 (8th Cir. 2005); Sneed v. Fla. Dep’t of Corr., 496 F. App’x 20, 27 (11th Cir. 2012). | 1 | 1 |
Timothy Sneed v. Florida Department of Correctionsgreen2 sentences2025See U.S. 3 v. Ehrmann, 421 F.3d 774, 781-82 (8th Cir. 2005); Sneed v. Fla. Dep’t of Corr., 496 F. App’x 20, 27 (11th Cir. 2012). 2025See U.S. 3 v. Ehrmann, 421 F.3d 774, 781-82 (8th Cir. 2005); Sneed v. Fla. Dep’t of Corr., 496 F. App’x 20, 27 (11th Cir. 2012). | 1 | 1 |
JEB v. Alabama Ex Rel. TBgreen2 sentences1997See J.E.B., 511 U.S. at 145-46, 114 S.Ct. at 1430 , 128 L.Ed.2d at 107 . 1997See J.E.B., 511 U.S. at 145-46, 114 S.Ct. at 1430 , 128 L.Ed.2d at 107 . | 1 | 1 |
State v. Harrisgreen2 sentences1997See State v. Harris, 189 W.Va. 423, 427 , 432 S.E.2d 93, 97 (1993) (finding “that when a criminal defendant complains of a Batson violation, he or she is asserting third-party standing to bring a suit on behalf of the dismissed jurors, not a mere personal right to have members of his or her racial group on the petit jury”). 1997See State v. Harris, 189 W.Va. 423, 427 , 432 S.E.2d 93, 97 (1993) (finding “that when a criminal defendant complains of a Batson violation, he or she is asserting third-party standing to bring a suit on behalf of the dismissed jurors, not a mere personal right to have members of his or her racial group on the petit jury”). | 1 | 1 |
United States v. Isaac James Tindlegreen2 sentences1994Subsequently, the Fourth Circuit Court of Appeals, in addressing whether the Batson inquiry requires an evidentiary hearing, stated that “[t]here is no absolute right to an evidentiary hearing.” United States v. Tindle, 860 F.2d 125, 130 (4th Cir.1988). 1994Subsequently, the Fourth Circuit Court of Appeals, in addressing whether the Batson inquiry requires an evidentiary hearing, stated that “[t]here is no absolute right to an evidentiary hearing.” United States v. Tindle, 860 F.2d 125, 130 (4th Cir.1988). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in West Virginia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Marrs
green
2 sentences1997We adopted the Batson framework and quoted a portion of its quintessential language in syllabus point two of State v. Marrs, 180 W.Va. 693 , 379 S.E.2d 497 (1989), which provides: To establish a prima facie case for a violation of equal protection due to racial discrimination in the use of peremptory jury challenges by the State, “the defendant first must show that he is a member of a cognizable racial group, and that the prosecutor has exercised peremptory challenges to remove from the venire members of the defendant’s race. 1997We adopted the Batson framework and quoted a portion of its quintessential language in syllabus point two of State v. Marrs, 180 W.Va. 693 , 379 S.E.2d 497 (1989), which provides: To establish a prima facie case for a violation of equal protection due to racial discrimination in the use of peremptory jury challenges by the State, “the defendant first must show that he is a member of a cognizable racial group, and that the prosecutor has exercised peremptory challenges to remove from the venire members of the defendant’s race. | 4 | 1993–1997 |
State v. Rahman
green
2 sentences2015Pt. 13, State v. Rahman, 199 W.Va. 144 , 483 S.E.2d 273 (1996). 4 III. 2015Pt. 13, State v. Rahman, 199 W.Va. 144 , 483 S.E.2d 273 (1996). 4 III. | 2 | 1999–2015 |
Holland v. Illinois
green
2 sentences2021Petitioner further contends that the fact other minority jurors may still have been on the jury is irrelevant because the State “so blatantly exercised one out of two of its peremptory strikes to exclude a cognizable member to a minority group.” Petitioner argues that he does not have to be a member of the same race as the juror to have standing to raise a Batson claim, citing Holland v. Illinois, 493 U.S. 474 (1990), and Powers v. Ohio, 499 U.S. 400 (1991). 2021Petitioner further contends that the fact other minority jurors may still have been on the jury is irrelevant because the State “so blatantly exercised one out of two of its peremptory strikes to exclude a cognizable member to a minority group.” Petitioner argues that he does not have to be a member of the same race as the juror to have standing to raise a Batson claim, citing Holland v. Illinois, 493 U.S. 474 (1990), and Powers v. Ohio, 499 U.S. 400 (1991). | 1 | 2021–2021 |
Parham v. Horace Mann Insurance
green
2 sentences2017If the challenge proves meritorious, the trial court shall disallow the strike. 200 W.Va. 609 , 490 S.E.2d 696 . 2017If the challenge proves meritorious, the trial court shall disallow the strike. 200 W.Va. 609 , 490 S.E.2d 696 . | 1 | 2017–2017 |
United States v. Rondell Herbert Garrison
green
2 sentences1994In United States v. Garrison, 849 F.2d 103 (4th Cir.1988) we stated: Garrison’s insistence on an evidentiary hearing in which prosecutors and defense attorneys and possibly other witnesses would be examined and cross-examined misconceives the Batson inquiry. 1994In United States v. Garrison, 849 F.2d 103 (4th Cir.1988) we stated: Garrison’s insistence on an evidentiary hearing in which prosecutors and defense attorneys and possibly other witnesses would be examined and cross-examined misconceives the Batson inquiry. | 1 | 1994–1994 |
Edmonson v. Leesville Concrete Co.
green
2 sentences1993Since Batson , the U.S. Supreme Court has expanded the scope of Batson to require an inquiry whenever there might be discrimination in juror selection irrespective of the race of the defendant (Powers v. Ohio, 499 U.S. 400 , 111 S.Ct. 1364 , 113 L.Ed.2d 411 (1991)), the nature of the action, i.e., civil or criminal (Edmonson v. Leesville Concrete Co., 500 U.S. 614 , 111 S.Ct. 2077 , 114 L.Ed.2d 660 (1991)), or the party that strikes the jurors (Georgia v. McCollum, — U.S. -, 112 S.Ct. 2348 , 120 L.Ed.2d 33 (1992)). 2 These decisions have made it clear that when a criminal defendant complains o 1993Since Batson , the U.S. Supreme Court has expanded the scope of Batson to require an inquiry whenever there might be discrimination in juror selection irrespective of the race of the defendant (Powers v. Ohio, 499 U.S. 400 , 111 S.Ct. 1364 , 113 L.Ed.2d 411 (1991)), the nature of the action, i.e., civil or criminal (Edmonson v. Leesville Concrete Co., 500 U.S. 614 , 111 S.Ct. 2077 , 114 L.Ed.2d 660 (1991)), or the party that strikes the jurors (Georgia v. McCollum, — U.S. -, 112 S.Ct. 2348 , 120 L.Ed.2d 33 (1992)). 2 These decisions have made it clear that when a criminal defendant complains o | 1 | 1993–1993 |
Georgia v. McCollum
green
2 sentences1993Since Batson , the U.S. Supreme Court has expanded the scope of Batson to require an inquiry whenever there might be discrimination in juror selection irrespective of the race of the defendant (Powers v. Ohio, 499 U.S. 400 , 111 S.Ct. 1364 , 113 L.Ed.2d 411 (1991)), the nature of the action, i.e., civil or criminal (Edmonson v. Leesville Concrete Co., 500 U.S. 614 , 111 S.Ct. 2077 , 114 L.Ed.2d 660 (1991)), or the party that strikes the jurors (Georgia v. McCollum, — U.S. -, 112 S.Ct. 2348 , 120 L.Ed.2d 33 (1992)). 2 These decisions have made it clear that when a criminal defendant complains o 1993Since Batson , the U.S. Supreme Court has expanded the scope of Batson to require an inquiry whenever there might be discrimination in juror selection irrespective of the race of the defendant (Powers v. Ohio, 499 U.S. 400 , 111 S.Ct. 1364 , 113 L.Ed.2d 411 (1991)), the nature of the action, i.e., civil or criminal (Edmonson v. Leesville Concrete Co., 500 U.S. 614 , 111 S.Ct. 2077 , 114 L.Ed.2d 660 (1991)), or the party that strikes the jurors (Georgia v. McCollum, — U.S. -, 112 S.Ct. 2348 , 120 L.Ed.2d 33 (1992)). 2 These decisions have made it clear that when a criminal defendant complains o | 1 | 1993–1993 |
Hernandez v. New York
green
2 sentences1993In Hernandez v. New York, 500 U.S. 352 , 111 S.Ct. 1859 , 114 L.Ed.2d 395 (1991), the Supreme Court addressed a Batson issue that arose when the prosecutor indicated he would exercise two of his peremptory challenges against two Hispanic jurors. 1993In Hernandez v. New York, 500 U.S. 352 , 111 S.Ct. 1859 , 114 L.Ed.2d 395 (1991), the Supreme Court addressed a Batson issue that arose when the prosecutor indicated he would exercise two of his peremptory challenges against two Hispanic jurors. | 1 | 1993–1993 |
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.