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8 Ohio opinions name it 1 courts 2004–2023 1 in the last five years
The cases below were cited by Ohio 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 |
|---|---|---|
State v. Whitegreen2 sentences2018See id. 2004Batson created a three-part test for determining whether a prosecutor's use of a peremptory challenge is racially motivated: {¶ 26} "First, the defendant must make a prima facie showing that the prosecutor has exercised peremptory challenges on the basis of race." Batson, 476 U.S. at 82 ; see State v. White (1999), 85 Ohio St.3d 433 , 436 , 709 N.E.2d 140 . | 2 | 2 |
Batson v. Kentuckygreen2 sentences2023KENTUCKY, [ 476 U.S. 79 , 106 S.Ct. 1712 (1986)]. {¶ 41} Fidelis contends that the trial court violated his equal protection rights when the state exercised a peremptory challenge to exclude Juror 99, a black juror, and the court overruled his objection brought pursuant to Batson v. Kentucky, 476 U.S. 79 , 106 S.Ct. 1712 (1986). 2023KENTUCKY, [ 476 U.S. 79 , 106 S.Ct. 1712 (1986)]. {¶ 41} Fidelis contends that the trial court violated his equal protection rights when the state exercised a peremptory challenge to exclude Juror 99, a black juror, and the court overruled his objection brought pursuant to Batson v. Kentucky, 476 U.S. 79 , 106 S.Ct. 1712 (1986). | 1 | 2 |
State v. Hernandezgreen1 sentence2017State v. Hernandez, 63 Ohio St.3d 577, 583 (1992), following Hernandez v. New York, 500 U.S. 352 (1991). {¶27} Here, the State exercised a peremptory challenge to excuse Juror No. 1, an African–American female, and one of two African-Americans seated among the first twelve jurors. | 1 | 1 |
State v. Russell, 21458 (2-22-2008)green1 sentence2012Russell III, 2008-Ohio-774, at ¶ 7, fn.1 . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Ohio. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Hicks v. Westinghouse Materials Co.
green
2 sentences2020Accordingly, we ordinarily defer to the findings of the trial court. * * * Whether a party intended to racially discriminate in challenging potential jurors is a question of fact, and in the absence of clear error, we will not reverse the trial court's determination.” (Citations omitted.) Hicks v. Westinghouse Materials Co., 78 Ohio St.3d 95, 102 , 676 N.E.2d 872 (1997). -4- {¶ 6} In this case, the State exercised a peremptory challenge against prospective juror A.B. 2020Accordingly, we ordinarily defer to the findings of the trial court. * * * Whether a party intended to racially discriminate in challenging potential jurors is a question of fact, and in the absence of clear error, we will not reverse the trial court's determination.” (Citations omitted.) Hicks v. Westinghouse Materials Co., 78 Ohio St.3d 95, 102 , 676 N.E.2d 872 (1997). -4- {¶ 6} In this case, the State exercised a peremptory challenge against prospective juror A.B. | 1 | 2020–2020 |
Rice v. Collins
green
2 sentences2017Rice v. Collins , 546 U.S. 333 , 338, 126 S.Ct. 969 , 163 L.Ed.2d 824 (2006) (where the state exercised a peremptory challenge against an African-American female based on a fear that a young single citizen with no ties to the community might be too tolerant of the crime at issue). 2017Rice v. Collins , 546 U.S. 333 , 338, 126 S.Ct. 969 , 163 L.Ed.2d 824 (2006) (where the state exercised a peremptory challenge against an African-American female based on a fear that a young single citizen with no ties to the community might be too tolerant of the crime at issue). | 1 | 2017–2017 |
Hernandez v. New York
green
1 sentence2017State v. Hernandez, 63 Ohio St.3d 577, 583 (1992), following Hernandez v. New York, 500 U.S. 352 (1991). {¶27} Here, the State exercised a peremptory challenge to excuse Juror No. 1, an African–American female, and one of two African-Americans seated among the first twelve jurors. | 1 | 2017–2017 |
State v. Carver, 21328 (9-12-2008)
green
1 sentence2012Montgomery No. 21328, 2008-Ohio-4631, ¶ 49-50 . {¶ 56} Russell’s First Assignment of Error is as follows: {¶ 57} “THE TRIAL JUDGE ERRED WHEN HE RULED THAT THE DEFENSE DID NOT MAKE A PRIMA FACIE CASE OF DISCRIMINATION PURSUANT TO THEIR BATSON OBJECTION.” –11– {¶ 58} In this very case, we have held that the fact that the State exercised a peremptory challenge against one of the two remaining African-Americans remaining on the jury after a third African-American prospective juror was removed for cause, without more, is insufficient to establish a prima facie case of racial discrimination. | 1 | 2012–2012 |
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.