10 Pennsylvania opinions name it 2 courts 2002–2018 0 in the last five years
The cases below were cited by Pennsylvania 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 |
|---|---|---|
Commonwealth v. Cookgreen2 sentences2016As the Pennsylvania Supreme Court noted, “‘There will seldom be much evidence bearing’ on the ‘decisive question’ of ‘whether counsel’s race-neutral explanation for a peremptory challenge should be believed.’ ‘[T]he best evidence often will be the demeanor of the attorney who exercises the challenge.’” Commonwealth v. Cook, 952 A.2d 594, 603 (Pa. 2008) (citations omitted). 2014As the Pennsylvania Supreme Court noted, “‘There will seldom be much evidence bearing’ on the ‘decisive question’ of ‘whether counsel’s race-neutral explanation for a peremptory challenge should be believed.’ ‘[T]he best evidence often will be the demeanor of the attorney who exercises the challenge.’” Commonwealth v. Cook, 952 A.2d 594, 603 (Pa. 2008) (citations omitted). | 3 | 3 |
Commonwealth v. Jonesgreen1 sentence2016See id.; see also Commonwealth v. Sanchez, 36 A.3d 24, 45 (Pa. 2011) (rejecting the defendant’s Batson challenge and stating that “[w]here, as here, there is little evidence bearing on the issue of the prosecutor’s discriminatory intent, and the best evidence is the demeanor of the attorney who exercises the challenge, the trial court’s determination will turn on the court’s assessment of the prosecutor’s credibility[,]” which an appellate court will ordinarily not disturb). | 1 | 1 |
Commonwealth v. Jonesgreen2 sentences2008As 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." Id. (quoting Hernandez, 500 U.S. at 365 , 111 S.Ct. 1859 ) (internal quotation marks omitted); accord Batson, 476 U.S. at 98 n. 21, 106 S.Ct. 1712 ; Commonwealth v. Sneed, 587 Pa. 318 , 899 A.2d 1067, 1076 (2006) (noting that " Batson contemplated a central role for the trial judge . . . in assessing the credibility of the neutral reasons for peremptory strikes proffered by the lawyer who exercised them"); Commonwealth v. (Aaron) 2008As 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.” Id. (quoting Hernandez, 500 U.S. at 365 , 111 S.Ct. 1859 ) (internal quotation marks omitted); accord Batson, 476 U.S. at 98 n. 21, 106 S.Ct. 1712 ; Commonwealth v. Sneed, 587 Pa. 318 , 899 A.2d 1067, 1076 (2006) (noting that “Batson contemplated a central role for the trial judge ... in assessing the credibility of the neutral reasons for peremptory strikes proffered by the lawyer who exercised them”); Commonwealth v. (Aaron) Jo | 1 | 1 |
United States v. Darrin Casper, A/K/A Barry Jacksongreen2 sentences2008As 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." Id. (quoting Hernandez, 500 U.S. at 365 , 111 S.Ct. 1859 ) (internal quotation marks omitted); accord Batson, 476 U.S. at 98 n. 21, 106 S.Ct. 1712 ; Commonwealth v. Sneed, 587 Pa. 318 , 899 A.2d 1067, 1076 (2006) (noting that " Batson contemplated a central role for the trial judge . . . in assessing the credibility of the neutral reasons for peremptory strikes proffered by the lawyer who exercised them"); Commonwealth v. (Aaron) 2008As 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.” Id. (quoting Hernandez, 500 U.S. at 365 , 111 S.Ct. 1859 ) (internal quotation marks omitted); accord Batson, 476 U.S. at 98 n. 21, 106 S.Ct. 1712 ; Commonwealth v. Sneed, 587 Pa. 318 , 899 A.2d 1067, 1076 (2006) (noting that “Batson contemplated a central role for the trial judge ... in assessing the credibility of the neutral reasons for peremptory strikes proffered by the lawyer who exercised them”); Commonwealth v. (Aaron) Jo | 1 | 1 |
Commonwealth v. Sneedgreen2 sentences2008As 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.” Id. (quoting Hernandez, 500 U.S. at 365 , 111 S.Ct. 1859 ) (internal quotation marks omitted); accord Batson, 476 U.S. at 98 n. 21, 106 S.Ct. 1712 ; Commonwealth v. Sneed, 587 Pa. 318 , 899 A.2d 1067, 1076 (2006) (noting that “Batson contemplated a central role for the trial judge ... in assessing the credibility of the neutral reasons for peremptory strikes proffered by the lawyer who exercised them”); Commonwealth v. (Aaron) Jo 2008As 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.” Id. (quoting Hernandez, 500 U.S. at 365 , 111 S.Ct. 1859 ) (internal quotation marks omitted); accord Batson, 476 U.S. at 98 n. 21, 106 S.Ct. 1712 ; Commonwealth v. Sneed, 587 Pa. 318 , 899 A.2d 1067, 1076 (2006) (noting that “Batson contemplated a central role for the trial judge ... in assessing the credibility of the neutral reasons for peremptory strikes proffered by the lawyer who exercised them”); Commonwealth v. (Aaron) Jo | 1 | 1 |
James William Riley v. Stanley W. Taylor M. Jane Bradygreen2 sentences2008As 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." Id. (quoting Hernandez, 500 U.S. at 365 , 111 S.Ct. 1859 ) (internal quotation marks omitted); accord Batson, 476 U.S. at 98 n. 21, 106 S.Ct. 1712 ; Commonwealth v. Sneed, 587 Pa. 318 , 899 A.2d 1067, 1076 (2006) (noting that " Batson contemplated a central role for the trial judge . . . in assessing the credibility of the neutral reasons for peremptory strikes proffered by the lawyer who exercised them"); Commonwealth v. (Aaron) 2008As 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.” Id. (quoting Hernandez, 500 U.S. at 365 , 111 S.Ct. 1859 ) (internal quotation marks omitted); accord Batson, 476 U.S. at 98 n. 21, 106 S.Ct. 1712 ; Commonwealth v. Sneed, 587 Pa. 318 , 899 A.2d 1067, 1076 (2006) (noting that “Batson contemplated a central role for the trial judge ... in assessing the credibility of the neutral reasons for peremptory strikes proffered by the lawyer who exercised them”); Commonwealth v. (Aaron) Jo | 1 | 1 |
Batson v. Kentuckygreen2 sentences2008As 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.” Id. (quoting Hernandez, 500 U.S. at 365 , 111 S.Ct. 1859 ) (internal quotation marks omitted); accord Batson, 476 U.S. at 98 n. 21, 106 S.Ct. 1712 ; Commonwealth v. Sneed, 587 Pa. 318 , 899 A.2d 1067, 1076 (2006) (noting that “Batson contemplated a central role for the trial judge ... in assessing the credibility of the neutral reasons for peremptory strikes proffered by the lawyer who exercised them”); Commonwealth v. (Aaron) Jo 2008As 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.” Id. (quoting Hernandez, 500 U.S. at 365 , 111 S.Ct. 1859 ) (internal quotation marks omitted); accord Batson, 476 U.S. at 98 n. 21, 106 S.Ct. 1712 ; Commonwealth v. Sneed, 587 Pa. 318 , 899 A.2d 1067, 1076 (2006) (noting that “Batson contemplated a central role for the trial judge ... in assessing the credibility of the neutral reasons for peremptory strikes proffered by the lawyer who exercised them”); Commonwealth v. (Aaron) Jo | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Hernandez v. New York
green
2 sentences2008“There will seldom be much evidence bearing on” the “decisive question” of “whether counsel’s race-neutral explanation for a peremptory challenge should be believed.” Id. (quoting Hernandez, 500 U.S. at 365 , 111 S.Ct. 1859 ). “[T]he best evidence often will be the demeanor of the attorney who exercises the challenge. 2008“There will seldom be much evidence bearing on” the “decisive question” of “whether counsel’s race-neutral explanation for a peremptory challenge should be believed.” Id. (quoting Hernandez, 500 U.S. at 365 , 111 S.Ct. 1859 ). “[T]he best evidence often will be the demeanor of the attorney who exercises the challenge. | 6 | 2002–2018 |
Commonwealth v. Harris
green
2 sentences2017As 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.' Commonwealth v. Harris supra 572 Pa. at 507 , 817 A.2d at 1043 quoting Hernandez v. New York supra 500 \J.S. at 365, 111 S.Ct. at 1869 . " 'If a race-neutral explanation is tendered, the trial court must then proceed to the third prong of the test, i.e., the ultimate determination of whetherthe opponent of'the strike has carded his burden of proving purposeful discrimination.' " Commonwealth v. Cook supra 597 Pa. at 586-87 , 952 2017As 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.' Commonwealth v. Harris supra 572 Pa. at 507 , 817 A.2d at 1043 quoting Hernandez v. New York supra 500 \J.S. at 365, 111 S.Ct. at 1869 . " 'If a race-neutral explanation is tendered, the trial court must then proceed to the third prong of the test, i.e., the ultimate determination of whetherthe opponent of'the strike has carded his burden of proving purposeful discrimination.' " Commonwealth v. Cook supra 597 Pa. at 586-87 , 952 | 3 | 2011–2017 |
Purkett v. Elem
green
1 sentence2017As 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.' Commonwealth v. Harris supra 572 Pa. at 507 , 817 A.2d at 1043 quoting Hernandez v. New York supra 500 \J.S. at 365, 111 S.Ct. at 1869 . " 'If a race-neutral explanation is tendered, the trial court must then proceed to the third prong of the test, i.e., the ultimate determination of whetherthe opponent of'the strike has carded his burden of proving purposeful discrimination.' " Commonwealth v. Cook supra 597 Pa. at 586-87 , 952 | 1 | 2017–2017 |
Commonwealth v. Williams
green
1 sentence2017As 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.' Commonwealth v. Harris supra 572 Pa. at 507 , 817 A.2d at 1043 quoting Hernandez v. New York supra 500 \J.S. at 365, 111 S.Ct. at 1869 . " 'If a race-neutral explanation is tendered, the trial court must then proceed to the third prong of the test, i.e., the ultimate determination of whetherthe opponent of'the strike has carded his burden of proving purposeful discrimination.' " Commonwealth v. Cook supra 597 Pa. at 586-87 , 952 | 1 | 2017–2017 |
Commonwealth v. Watkins
green
2 sentences2017As 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.' Commonwealth v. Harris supra 572 Pa. at 507 , 817 A.2d at 1043 quoting Hernandez v. New York supra 500 \J.S. at 365, 111 S.Ct. at 1869 . " 'If a race-neutral explanation is tendered, the trial court must then proceed to the third prong of the test, i.e., the ultimate determination of whetherthe opponent of'the strike has carded his burden of proving purposeful discrimination.' " Commonwealth v. Cook supra 597 Pa. at 586-87 , 952 2017As 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.' Commonwealth v. Harris supra 572 Pa. at 507 , 817 A.2d at 1043 quoting Hernandez v. New York supra 500 \J.S. at 365, 111 S.Ct. at 1869 . " 'If a race-neutral explanation is tendered, the trial court must then proceed to the third prong of the test, i.e., the ultimate determination of whetherthe opponent of'the strike has carded his burden of proving purposeful discrimination.' " Commonwealth v. Cook supra 597 Pa. at 586-87 , 952 | 1 | 2017–2017 |
Miller-El v. Cockrell
green
2 sentences2008"There will seldom be much evidence bearing on" the "decisive question" of "whether counsel's race-neutral explanation for a peremptory challenge should be believed." Id. (quoting Hernandez, 500 U.S. at 365 , 111 S.Ct. 1859 ). "[T]he best evidence often will be the demeanor of the attorney who exercises the challenge. 2008“There will seldom be much evidence bearing on” the “decisive question” of “whether counsel’s race-neutral explanation for a peremptory challenge should be believed.” Id. (quoting Hernandez, 500 U.S. at 365 , 111 S.Ct. 1859 ). “[T]he best evidence often will be the demeanor of the attorney who exercises the challenge. | 1 | 2008–2008 |
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.
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.