State exercised a peremptory challenge (North Carolina) · Go Syfert
← North Carolina issues

State exercised a peremptory challenge in North Carolina

10 North Carolina opinions name it 2 courts 2001–2025 1 in the last five years

The cases below were cited by North Carolina 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
State v. Lawrencegreen
nc · 2000 · cited in 4 North Carolina opinions naming this issue, 2001–2018
2 sentences

2018Three-Prong Batson Test "In Batson the United States Supreme Court set out a three-pronged test to determine whether a prosecutor impermissibly excluded prospective jurors on the basis of their race." State v. Bonnett , 348 N.C. 417 , 433, 502 S.E.2d 563 , 574 (1998) (citing Hernandez v. New York , 500 U.S. 352 , 358-59, 111 S.Ct. 1859 , 114 L.Ed. 2d 395 , 405 (1991) ), cert. denied , 525 U.S. 1124 , 119 S.Ct. 909 , 142 L.Ed. 2d 907 (1999). *786 "First, the defendant must make a prima facie showing that the state exercised a peremptory challenge on the basis of race." State v. Fair , 354 N.C.

2018Three-Prong Batson Test "In Batson the United States Supreme Court set out a three-pronged test to determine whether a prosecutor impermissibly excluded prospective jurors on the basis of their race." State v. Bonnett , 348 N.C. 417 , 433, 502 S.E.2d 563 , 574 (1998) (citing Hernandez v. New York , 500 U.S. 352 , 358-59, 111 S.Ct. 1859 , 114 L.Ed. 2d 395 , 405 (1991) ), cert. denied , 525 U.S. 1124 , 119 S.Ct. 909 , 142 L.Ed. 2d 907 (1999). *786 "First, the defendant must make a prima facie showing that the state exercised a peremptory challenge on the basis of race." State v. Fair , 354 N.C.

24
State v. Kandiesgreen
nc · 1996 · cited in 2 North Carolina opinions naming this issue, 2020–2020
2 sentences

2020HOOD Opinion of the Court Defendant next contends that the State exercised a peremptory challenge against an African-American prospective juror for a racially discriminatory purpose, violating “the juror’s constitutional right to serve on a jury and Defendant’s constitutional rights to equal protection, due process and a jury of his peers.” A. Standard of Review Upon review of a Batson inquiry, “[t]he findings of a trial court are not to be overturned unless the appellate court is convinced that its determination was clearly erroneous.” State v. Kandies, 342 N.C. 419, 434-35 , 467 S.E.2d 67, 7

2020HOOD Opinion of the Court Defendant next contends that the State exercised a peremptory challenge against an African-American prospective juror for a racially discriminatory purpose, violating “the juror’s constitutional right to serve on a jury and Defendant’s constitutional rights to equal protection, due process and a jury of his peers.” A. Standard of Review Upon review of a Batson inquiry, “[t]he findings of a trial court are not to be overturned unless the appellate court is convinced that its determination was clearly erroneous.” State v. Kandies, 342 N.C. 419, 434-35 , 467 S.E.2d 67, 7

22
Johnson v. Californiagreen
scotus · 2005 · cited in 2 North Carolina opinions naming this issue, 2020–2020
2 sentences

2020“First, the defendant must make a prima facie showing that the state exercised a peremptory challenge on the basis of race.” Fair, 354 N.C. at 140 , 557 S.E.2d at 509 . “[A] defendant satisfies the requirements of Batson’s first step by producing evidence sufficient to permit the trial [court] to draw an inference that discrimination has occurred.” Johnson v. California, 545 U.S. 162, 170 , 125 S. Ct. 2410, 2417 (2005).

2020“First, the defendant must make a prima facie showing that the state exercised a peremptory challenge on the basis of race.” Fair, 354 N.C. at 140 , 557 S.E.2d at 509 . “[A] defendant satisfies the requirements of Batson’s first step by producing evidence sufficient to permit the trial [court] to draw an inference that discrimination has occurred.” Johnson v. California, 545 U.S. 162, 170 , 125 S. Ct. 2410, 2417 (2005).

22
State v. Fairgreen
nc · 2001 · cited in 4 North Carolina opinions naming this issue, 2018–2020
2 sentences

2020“First, the defendant must make a prima facie showing that the state exercised a peremptory challenge on the basis of race.” Fair, 354 N.C. at 140 , 557 S.E.2d at 509 . “[A] defendant satisfies the requirements of Batson’s first step by producing evidence sufficient to permit the trial [court] to draw an inference that discrimination has occurred.” Johnson v. California, 545 U.S. 162, 170 , 125 S. Ct. 2410, 2417 (2005).

2020“First, the defendant must make a prima facie showing that the state exercised a peremptory challenge on the basis of race.” Fair, 354 N.C. at 140 , 557 S.E.2d at 509 . “[A] defendant satisfies the requirements of Batson’s first step by producing evidence sufficient to permit the trial [court] to draw an inference that discrimination has occurred.” Johnson v. California, 545 U.S. 162, 170 , 125 S. Ct. 2410, 2417 (2005).

14
State v. Whitegreen
nc · 1998 · cited in 2 North Carolina opinions naming this issue, 2018–2018
2 sentences

2018This showing is "based on all relevant circumstances, such as defendant's race, the victim's race, the race of key witnesses, questions and statements of the prosecutor which tend to support or refute an inference of discrimination, a pattern of strikes against minorities, or the State's acceptance rate of prospective minority jurors." State v. White , 349 N.C. 535 , 548, 508 S.E.2d 253 , 262 (1998) (citation omitted).

2018This showing is "based on all relevant circumstances, such as defendant's race, the victim's race, the race of key witnesses, questions and statements of the prosecutor which tend to support or refute an inference of discrimination, a pattern of strikes against minorities, or the State's acceptance rate of prospective minority jurors." State v. White , 349 N.C. 535 , 548, 508 S.E.2d 253 , 262 (1998) (citation omitted).

12

Distinguished, questioned or overruled (0)

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

Also cited on this issue (7)

CaseCitedYears
Batson v. Kentucky green
scotus · 1986
2 sentences

2025The State exercised a peremptory challenge as to Eric M, a Black man, and Defendant objected to this challenge under Batson v. Kentucky, 476 U.S. 79 , 90 L.Ed.2d 69 (1986).

2025The State exercised a peremptory challenge as to Eric M, a Black man, and Defendant objected to this challenge under Batson v. Kentucky, 476 U.S. 79 , 90 L.Ed.2d 69 (1986).

22004–2025
Cielto v. United States green
scotus · 1996
2 sentences

2020HOOD Opinion of the Court Defendant next contends that the State exercised a peremptory challenge against an African-American prospective juror for a racially discriminatory purpose, violating “the juror’s constitutional right to serve on a jury and Defendant’s constitutional rights to equal protection, due process and a jury of his peers.” A. Standard of Review Upon review of a Batson inquiry, “[t]he findings of a trial court are not to be overturned unless the appellate court is convinced that its determination was clearly erroneous.” State v. Kandies, 342 N.C. 419, 434-35 , 467 S.E.2d 67, 7

2020HOOD Opinion of the Court Defendant next contends that the State exercised a peremptory challenge against an African-American prospective juror for a racially discriminatory purpose, violating “the juror’s constitutional right to serve on a jury and Defendant’s constitutional rights to equal protection, due process and a jury of his peers.” A. Standard of Review Upon review of a Batson inquiry, “[t]he findings of a trial court are not to be overturned unless the appellate court is convinced that its determination was clearly erroneous.” State v. Kandies, 342 N.C. 419, 434-35 , 467 S.E.2d 67, 7

22020–2020
Falge v. Apfel green
scotus · 1999
1 sentence

2018Three-Prong Batson Test "In Batson the United States Supreme Court set out a three-pronged test to determine whether a prosecutor impermissibly excluded prospective jurors on the basis of their race." State v. Bonnett , 348 N.C. 417 , 433, 502 S.E.2d 563 , 574 (1998) (citing Hernandez v. New York , 500 U.S. 352 , 358-59, 111 S.Ct. 1859 , 114 L.Ed. 2d 395 , 405 (1991) ), cert. denied , 525 U.S. 1124 , 119 S.Ct. 909 , 142 L.Ed. 2d 907 (1999). *786 "First, the defendant must make a prima facie showing that the state exercised a peremptory challenge on the basis of race." State v. Fair , 354 N.C.

12018–2018
Lawrence v. Turpin green
scotus · 1999
1 sentence

2018Three-Prong Batson Test "In Batson the United States Supreme Court set out a three-pronged test to determine whether a prosecutor impermissibly excluded prospective jurors on the basis of their race." State v. Bonnett , 348 N.C. 417 , 433, 502 S.E.2d 563 , 574 (1998) (citing Hernandez v. New York , 500 U.S. 352 , 358-59, 111 S.Ct. 1859 , 114 L.Ed. 2d 395 , 405 (1991) ), cert. denied , 525 U.S. 1124 , 119 S.Ct. 909 , 142 L.Ed. 2d 907 (1999). *786 "First, the defendant must make a prima facie showing that the state exercised a peremptory challenge on the basis of race." State v. Fair , 354 N.C.

12018–2018
Young v. Hanks green
scotus · 1999
1 sentence

2018Three-Prong Batson Test "In Batson the United States Supreme Court set out a three-pronged test to determine whether a prosecutor impermissibly excluded prospective jurors on the basis of their race." State v. Bonnett , 348 N.C. 417 , 433, 502 S.E.2d 563 , 574 (1998) (citing Hernandez v. New York , 500 U.S. 352 , 358-59, 111 S.Ct. 1859 , 114 L.Ed. 2d 395 , 405 (1991) ), cert. denied , 525 U.S. 1124 , 119 S.Ct. 909 , 142 L.Ed. 2d 907 (1999). *786 "First, the defendant must make a prima facie showing that the state exercised a peremptory challenge on the basis of race." State v. Fair , 354 N.C.

12018–2018
Hernandez v. New York green
scotus · 1991
2 sentences

2018Three-Prong Batson Test "In Batson the United States Supreme Court set out a three-pronged test to determine whether a prosecutor impermissibly excluded prospective jurors on the basis of their race." State v. Bonnett , 348 N.C. 417 , 433, 502 S.E.2d 563 , 574 (1998) (citing Hernandez v. New York , 500 U.S. 352 , 358-59, 111 S.Ct. 1859 , 114 L.Ed. 2d 395 , 405 (1991) ), cert. denied , 525 U.S. 1124 , 119 S.Ct. 909 , 142 L.Ed. 2d 907 (1999). *786 "First, the defendant must make a prima facie showing that the state exercised a peremptory challenge on the basis of race." State v. Fair , 354 N.C.

2018Three-Prong Batson Test "In Batson the United States Supreme Court set out a three-pronged test to determine whether a prosecutor impermissibly excluded prospective jurors on the basis of their race." State v. Bonnett , 348 N.C. 417 , 433, 502 S.E.2d 563 , 574 (1998) (citing Hernandez v. New York , 500 U.S. 352 , 358-59, 111 S.Ct. 1859 , 114 L.Ed. 2d 395 , 405 (1991) ), cert. denied , 525 U.S. 1124 , 119 S.Ct. 909 , 142 L.Ed. 2d 907 (1999). *786 "First, the defendant must make a prima facie showing that the state exercised a peremptory challenge on the basis of race." State v. Fair , 354 N.C.

12018–2018
State v. Bonnett green
nc · 1998
2 sentences

2018Three-Prong Batson Test "In Batson the United States Supreme Court set out a three-pronged test to determine whether a prosecutor impermissibly excluded prospective jurors on the basis of their race." State v. Bonnett , 348 N.C. 417 , 433, 502 S.E.2d 563 , 574 (1998) (citing Hernandez v. New York , 500 U.S. 352 , 358-59, 111 S.Ct. 1859 , 114 L.Ed. 2d 395 , 405 (1991) ), cert. denied , 525 U.S. 1124 , 119 S.Ct. 909 , 142 L.Ed. 2d 907 (1999). *786 "First, the defendant must make a prima facie showing that the state exercised a peremptory challenge on the basis of race." State v. Fair , 354 N.C.

2018Three-Prong Batson Test "In Batson the United States Supreme Court set out a three-pronged test to determine whether a prosecutor impermissibly excluded prospective jurors on the basis of their race." State v. Bonnett , 348 N.C. 417 , 433, 502 S.E.2d 563 , 574 (1998) (citing Hernandez v. New York , 500 U.S. 352 , 358-59, 111 S.Ct. 1859 , 114 L.Ed. 2d 395 , 405 (1991) ), cert. denied , 525 U.S. 1124 , 119 S.Ct. 909 , 142 L.Ed. 2d 907 (1999). *786 "First, the defendant must make a prima facie showing that the state exercised a peremptory challenge on the basis of race." State v. Fair , 354 N.C.

12018–2018

Statutes the citing opinions construe

NC § N.C. Gen. Stat. § 15A-1212 (5) NC § N.C. Gen. Stat. § 8C-1 (5) NC § N.C. Gen. Stat. § 15A-1443 (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

TX 19 (1987–2014) IL 17 (1989–2025) NC 10 (2001–2025) WA 9 (2010–2025) OH 8 (2004–2023) NV 8 (2016–2021) MN 5 (1998–2016) FL 5 (1989–2011) TN 4 (2000–2016) MS 3 (1995–1997) AZ 2 (1989–1997) CT 2 (1999–2002)

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.

← Caselaw search · G Cite Topics · Brief Check