attorney who exercises challenge (Rhode Island) · Go Syfert
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attorney who exercises challenge in Rhode Island

10 Rhode Island opinions name it 1 courts 1992–2018 0 in the last five years

The cases below were cited by Rhode Island 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. Holleygreen
ri · 1992 · cited in 5 Rhode Island opinions naming this issue, 1994–2013
2 sentences

2013There will seldom be much evidence bearing on that issue, and the best evidence often will be the demeanor of the attorney who exercises the challenge.” Price, 706 A.2d at 935 (quoting State v. Holley, 604 A.2d 772, 778 (R.I.1992)).

2003There will seldom be much evidence bearing on that issue, and the best evidence often will be the demeanor of the attorney who exercises the challenge.’ State v. Holley, 604 A.2d 772, 778 (R.I.1992) (quoting Hernandez v. New York, 500 U.S. 352, 365 , 111 S.Ct. 1859, 1869 , 114 L.Ed.2d 395, 409 (1991)). ‘[T]he trial justice’s evaluation of the prosecutor’s state of mind is accorded great deference.’ Id.” State v. Lopez, *968 721 A.2d 837, 838-39 (R.I.1998) (per curiam).

45
Hernandez v. New Yorkgreen
scotus · 1991 · cited in 8 Rhode Island opinions naming this issue, 1992–2018
2 sentences

2018"There will seldom be much evidence bearing on that issue, and the best evidence often will be the demeanor of the attorney who exercises the challenge." Pona I , 926 A.2d at 602 (quoting Hernandez , 500 U.S. at 365 , 111 S.Ct. 1859 ).

2018"There will seldom be much evidence bearing on that issue, and the best evidence often will be the demeanor of the attorney who exercises the challenge." Pona I , 926 A.2d at 602 (quoting Hernandez , 500 U.S. at 365 , 111 S.Ct. 1859 ).

38
Snyder v. Louisianagreen
scotus · 2008 · cited in 1 Rhode Island opinions naming this issue, 2013–2013
2 sentences

2013Accordingly, “[t]he trial justice’s evaluation of the prosecutor’s state of mind is accorded great deference.” Id; see also Snyder v. Louisiana, 552 U.S. 472, 477 , 128 S.Ct. 1203 , 170 L.Ed.2d 175 (2008) (“On appeal, a trial court’s ruling on the issue of discriminatory intent must be sustained unless it is clearly erroneous.”); Batson, 476 U.S. at 98 & n. 21, 106 S.Ct. 1712 ; Pona, 926 A.2d at 602 .

2013Accordingly, “[t]he trial justice’s evaluation of the prosecutor’s state of mind is accorded great deference.” Id; see also Snyder v. Louisiana, 552 U.S. 472, 477 , 128 S.Ct. 1203 , 170 L.Ed.2d 175 (2008) (“On appeal, a trial court’s ruling on the issue of discriminatory intent must be sustained unless it is clearly erroneous.”); Batson, 476 U.S. at 98 & n. 21, 106 S.Ct. 1712 ; Pona, 926 A.2d at 602 .

11
State v. Lopezgreen
ri · 1998 · cited in 1 Rhode Island opinions naming this issue, 2003–2003
2 sentences

2003There will seldom be much evidence bearing on that issue, and the best evidence often will be the demeanor of the attorney who exercises the challenge.’ State v. Holley, 604 A.2d 772, 778 (R.I.1992) (quoting Hernandez v. New York, 500 U.S. 352, 365 , 111 S.Ct. 1859, 1869 , 114 L.Ed.2d 395, 409 (1991)). ‘[T]he trial justice’s evaluation of the prosecutor’s state of mind is accorded great deference.’ Id.” State v. Lopez, *968 721 A.2d 837, 838-39 (R.I.1998) (per curiam).

2003As we said in Lopez, 721 A.2d at 838-39 , “‘[tjhere will seldom be much evidence bearing on that issue, and the best evidence often will be the demean- or of the attorney who exercises the challenge.’ * * * ‘[Tjhe trial justice’s evaluation of the prosecutor’s state of mind is accorded great deference” ’ and is reviewed for clear error.

11
State v. Barbergreen
ri · 1988 · cited in 1 Rhode Island opinions naming this issue, 1994–1994
1 sentence

1994In reviewing a trial justice’s ruling on whether the nonmoving party has offered a sufficient race-neutral reason for exercising a peremptory challenge, the United States Supreme Court has stated the “[d]eference to trial court findings on the issue of discriminatory intent makes particular sense in this context because * * * the finding will ‘largely turn on evaluation of credibility.’ * * * There will seldom be much evidence bearing on that issue, and the best evidence often will be the demeanor of the attorney who exercises the challenge.” Hernandez, 500 U.S. at 365 , 111 S.Ct. at 1869 , 11

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (4)

CaseCitedYears
State v. Pona. green
ri · 2007
2 sentences

2018"There will seldom be much evidence bearing on that issue, and the best evidence often will be the demeanor of the attorney who exercises the challenge." Pona I , 926 A.2d at 602 (quoting Hernandez , 500 U.S. at 365 , 111 S.Ct. 1859 ).

2013Accordingly, “[t]he trial justice’s evaluation of the prosecutor’s state of mind is accorded great deference.” Id; see also Snyder v. Louisiana, 552 U.S. 472, 477 , 128 S.Ct. 1203 , 170 L.Ed.2d 175 (2008) (“On appeal, a trial court’s ruling on the issue of discriminatory intent must be sustained unless it is clearly erroneous.”); Batson, 476 U.S. at 98 & n. 21, 106 S.Ct. 1712 ; Pona, 926 A.2d at 602 .

22013–2018
State v. Price green
ri · 1998
2 sentences

2014This determination is the “decisive question”: “whether counsel’s race-neutral explanation for a peremptory challenge should be believed.” Id. (quoting Price, 706 A.2d at 935 ). “[T]he best evidence often will be the demeanor of the attorney who exercises the challenge.” Id. (quoting Price, 706 A.2d at 935 ).

2014This determination is the “decisive question”: “whether counsel’s race-neutral explanation for a peremptory challenge should be believed.” Id. (quoting Price, 706 A.2d at 935 ). “[T]he best evidence often will be the demeanor of the attorney who exercises the challenge.” Id. (quoting Price, 706 A.2d at 935 ).

22013–2014
Batson v. Kentucky green
scotus · 1986
2 sentences

2013Accordingly, “[t]he trial justice’s evaluation of the prosecutor’s state of mind is accorded great deference.” Id; see also Snyder v. Louisiana, 552 U.S. 472, 477 , 128 S.Ct. 1203 , 170 L.Ed.2d 175 (2008) (“On appeal, a trial court’s ruling on the issue of discriminatory intent must be sustained unless it is clearly erroneous.”); Batson, 476 U.S. at 98 & n. 21, 106 S.Ct. 1712 ; Pona, 926 A.2d at 602 .

2013Accordingly, “[t]he trial justice’s evaluation of the prosecutor’s state of mind is accorded great deference.” Id; see also Snyder v. Louisiana, 552 U.S. 472, 477 , 128 S.Ct. 1203 , 170 L.Ed.2d 175 (2008) (“On appeal, a trial court’s ruling on the issue of discriminatory intent must be sustained unless it is clearly erroneous.”); Batson, 476 U.S. at 98 & n. 21, 106 S.Ct. 1712 ; Pona, 926 A.2d at 602 .

22009–2013
Purkett v. Elem green
scotus · 1995
2 sentences

2007In Purkett v. Elem, 514 U.S. 765 , 115 S.Ct. 1769 , 131 L.Ed.2d 834 (1995) (per curiam), the Court offered the following regarding the interplay between the second and third Batson steps: “It is not until the third step that the persuasiveness of the justification becomes relevant — the step in which the trial court determines whether the opponent of the strike has carried his burden of proving purposeful discrimination. * * * At that stage, implausible or fantastic justifications may (and probably will) be found to be pretexts for purposeful discrimination.

2007In Purkett v. Elem, 514 U.S. 765 , 115 S.Ct. 1769 , 131 L.Ed.2d 834 (1995) (per curiam), the Court offered the following regarding the interplay between the second and third Batson steps: “It is not until the third step that the persuasiveness of the justification becomes relevant — the step in which the trial court determines whether the opponent of the strike has carried his burden of proving purposeful discrimination. * * * At that stage, implausible or fantastic justifications may (and probably will) be found to be pretexts for purposeful discrimination.

12007–2007

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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