Swain standard (Louisiana) · Go Syfert
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Swain standard in Louisiana

8 Louisiana opinions name it 2 courts 1978–2020 0 in the last five years

The cases below were cited by Louisiana 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 (4)

CaseFollowedCited
Griffith v. Kentuckygreen
scotus · 1987 · cited in 1 Louisiana opinions naming this issue, 2020–2020
2 sentences

2020Griffith, 479 U.S. at 328 , 107 S. Ct. at 716 ( concerning the retroactive application of Batson). 15 Prior to Batson, the Swain standard placed the burden on the defendant to prove that the State had systematically excluded black people from juries over a period of time.

2020Griffith, 479 U.S. at 328 , 107 S. Ct. at 716 ( concerning the retroactive application of Batson). 15 Prior to Batson, the Swain standard placed the burden on the defendant to prove that the State had systematically excluded black people from juries over a period of time.

11
State v. Washingtongreen
la · 1979 · cited in 1 Louisiana opinions naming this issue, 1991–1991
2 sentences

1991See State v. Washington, 375 So.2d 1162 (La.1979); State v. Brown, 371 So.2d 751 (La.1979).

1991See State v. Washington, 375 So.2d 1162 (La.1979); State v. Brown, 371 So.2d 751 (La.1979).

11
State v. Thompsongreen
la · 1987 · cited in 1 Louisiana opinions naming this issue, 1990–1990
2 sentences

1990The Batson Court rejected the Swain standard as a "crippling burden" and held that a defendant could establish a prima facie case of purposeful discrimination on evidence adduced solely from the state's exercise of peremptory challenges at his trial. *1148 State v. Thompson, 516 So.2d 349, 353 (La.1987), cert. denied, 488 U.S. 871 , 109 S.Ct. 180 , 102 L.Ed.2d 149 (1988).

1990The Batson Court rejected the Swain standard as a "crippling burden" and held that a defendant could establish a prima facie case of purposeful discrimination on evidence adduced solely from the state's exercise of peremptory challenges at his trial. *1148 State v. Thompson, 516 So.2d 349, 353 (La.1987), cert. denied, 488 U.S. 871 , 109 S.Ct. 180 , 102 L.Ed.2d 149 (1988).

11
State v. Kellygreen
la · 1978 · cited in 1 Louisiana opinions naming this issue, 1978–1978
2 sentences

1978For the reasons more fully stated in my concurring opinion in State v. Kelly, 362 So.2d 1071, 1079 (La.1978), I think that Article I, § 3 of the 1974 Louisiana Constitution, by absolutely prohibiting racial discrimination by governmental officials, requires judicial inquiry into the reasons for the State’s peremptory challenges whenever it is clear that the prosecutor has exercised them against a disproportionate number of prospective jurors of a particular race.

1978For the reasons more fully stated in my concurring opinion in State v. Kelly, 362 So.2d 1071, 1079 (La.1978), I think that Article I, § 3 of the 1974 Louisiana Constitution, by absolutely prohibiting racial discrimination by governmental officials, requires judicial inquiry into the reasons for the State’s peremptory challenges whenever it is clear that the prosecutor has exercised them against a disproportionate number of prospective jurors of a particular race.

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (8)

CaseCitedYears
Batson v. Kentucky green
scotus · 1986
2 sentences

2020The Batson Court rejected the Swain standard as a " crippling burden." Batson, 476 U.S. at 92 , 106 S. Ct. at 1721 . 19 1978.

2020The Batson Court rejected the Swain standard as a " crippling burden." Batson, 476 U.S. at 92 , 106 S. Ct. at 1721 . 19 1978.

12020–2020
Ford v. Georgia green
scotus · 1991
1 sentence

1991Batson , however, "dropped the Swain requirement of proof of prior discrimination, holding it possible for a defendant to make out a prima facie equal protection violation entirely by reference to the prosecution's use of peremptory challenges in the circumstances of the defendant's own case." Id.

11991–1991
State v. Brown green
la · 1979
2 sentences

1991See State v. Washington, 375 So.2d 1162 (La.1979); State v. Brown, 371 So.2d 751 (La.1979).

1991See State v. Washington, 375 So.2d 1162 (La.1979); State v. Brown, 371 So.2d 751 (La.1979).

11991–1991
Thompson v. Louisiana green
scotus · 1988
2 sentences

1990The Batson Court rejected the Swain standard as a "crippling burden" and held that a defendant could establish a prima facie case of purposeful discrimination on evidence adduced solely from the state's exercise of peremptory challenges at his trial. *1148 State v. Thompson, 516 So.2d 349, 353 (La.1987), cert. denied, 488 U.S. 871 , 109 S.Ct. 180 , 102 L.Ed.2d 149 (1988).

1990The Batson Court rejected the Swain standard as a "crippling burden" and held that a defendant could establish a prima facie case of purposeful discrimination on evidence adduced solely from the state's exercise of peremptory challenges at his trial. *1148 State v. Thompson, 516 So.2d 349, 353 (La.1987), cert. denied, 488 U.S. 871 , 109 S.Ct. 180 , 102 L.Ed.2d 149 (1988).

11990–1990
Allen v. Hardy green
scotus · 1986
2 sentences

1987In Allen v. Hardy, — U.S. -, 106 S.Ct. 2878 , 92 L.Ed.2d 199 (1986), the United States Supreme Court ruled that the Batson test would not apply retroactively on collateral review of convictions which became final before Batson was rendered.

1987In Allen v. Hardy, — U.S. -, 106 S.Ct. 2878 , 92 L.Ed.2d 199 (1986), the United States Supreme Court ruled that the Batson test would not apply retroactively on collateral review of convictions which became final before Batson was rendered.

11987–1987
Strauder v. West Virginia red
scotus · 1880
2 sentences

1987Strauder v. West Virginia, 100 Otto 303 , 100 U.S. 303 , 25 L.Ed. 664 (1880).

1987Strauder v. West Virginia, 100 Otto 303 , 100 U.S. 303 , 25 L.Ed. 664 (1880).

11987–1987
State v. Williams green
la · 1984
2 sentences

1987State v. Williams, 445 So.2d 1171 (La.1984).

1987State v. Williams, 445 So.2d 1171 (La.1984).

11987–1987
State v. Bias green
la · 1978
1 sentence

1981In light of Swain , this Court has required proof of the "systematic exclusion over a period of time" [15] State v. Bias, 354 So.2d 1330 (La.1978).

11981–1981

Statutes the citing opinions construe

LA § La. Rev. Stat. § 14:64 (3) LA § La. Rev. Stat. § 3 (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

IL 18 (1983–2012) AL 9 (1986–2014) LA 8 (1978–2020) PA 6 (1981–2015) TX 5 (1916–2025) NY 4 (1985–1989) FL 4 (1983–2000) VA 3 (1989–2019) CA 2 (1989–1992) MD 2 (1988–2016) WI 2 (2021–2022) IN 2 (1984–1986) WA 2 (2001–2001) OH 2 (1988–1990)

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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