exercise of a peremptory challenge (Indiana) · Go Syfert
← Indiana issues

exercise of a peremptory challenge in Indiana

7 Indiana opinions name it 2 courts 1984–2015 0 in the last five years

The cases below were cited by Indiana 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 (3)

CaseFollowedCited
Georgia v. McCollumgreen
scotus · 1992 · cited in 1 Indiana opinions naming this issue, 2006–2006
2 sentences

2006The Court of Appeals explained that, "(allthough one's religious beliefs may render a prospective juror unsuitable for service in a particular case, one's religious affiliation, like one's race or gender, bears no relation to that person's ability to serve as a juror." Id. (emphasis in original) (citing (Georgia v. McCollum, 505 U.S. 42, 59 , 112 S.Ct. 2348 , 120 L.Ed.2d 33 (1992) ("In our heterogenous society policy as well as constitutional considerations militate against the divisive assumption-as a per se rule-that justice in a court of law may turn upon the pigmentation of skin, the accid

2006The Court of Appeals explained that, "(allthough one's religious beliefs may render a prospective juror unsuitable for service in a particular case, one's religious affiliation, like one's race or gender, bears no relation to that person's ability to serve as a juror." Id. (emphasis in original) (citing (Georgia v. McCollum, 505 U.S. 42, 59 , 112 S.Ct. 2348 , 120 L.Ed.2d 33 (1992) ("In our heterogenous society policy as well as constitutional considerations militate against the divisive assumption-as a per se rule-that justice in a court of law may turn upon the pigmentation of skin, the accid

11
State v. Clarkgreen
nm · 1999 · cited in 1 Indiana opinions naming this issue, 2006–2006
1 sentence

2006The Court of Appeals explained that, "(allthough one's religious beliefs may render a prospective juror unsuitable for service in a particular case, one's religious affiliation, like one's race or gender, bears no relation to that person's ability to serve as a juror." Id. (emphasis in original) (citing (Georgia v. McCollum, 505 U.S. 42, 59 , 112 S.Ct. 2348 , 120 L.Ed.2d 33 (1992) ("In our heterogenous society policy as well as constitutional considerations militate against the divisive assumption-as a per se rule-that justice in a court of law may turn upon the pigmentation of skin, the accid

11
Brogden v. Stategreen
mdctspecapp · 1994 · cited in 1 Indiana opinions naming this issue, 1996–1996
2 sentences

1996Richardson v. State, 575 So.2d 294 (Fla.Dist.Ct.App.1991) (trial court could properly raise issue of whether State could justify excluding some minority venire members); Brogden v. State, 102 Md.App. 423 , 649 A.2d 1196 (1994) ("trial judge need not sit idly by when he or she observes what he perceives to be discrimination in the exercise of peremptory challenges"); People v. Nelson, 214 A.D.2d 411 , 625 N.Y.S.2d 176 (1995) (trial court did not improperly inject itself into proceedings by sua sponte noting existence of prima facie Batson violation); American Home Assurance Co. v. National Casu

1996Richardson v. State, 575 So.2d 294 (Fla.Dist.Ct.App.1991) (trial court could properly raise issue of whether State could justify excluding some minority venire members); Brogden v. State, 102 Md.App. 423 , 649 A.2d 1196 (1994) ("trial judge need not sit idly by when he or she observes what he perceives to be discrimination in the exercise of peremptory challenges"); People v. Nelson, 214 A.D.2d 411 , 625 N.Y.S.2d 176 (1995) (trial court did not improperly inject itself into proceedings by sua sponte noting existence of prima facie Batson violation); American Home Assurance Co. v. National Casu

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (12)

CaseCitedYears
Gary Wayne Oswalt v. State of Indiana green
ind · 2014
1 sentence

2015Id. [22] By contrast, for-cause motions are available to exclude jurors whose views would prevent or substantially impair the performance of his or her duties as a juror in accordance with the instructions given and the oath taken and thus violate the defendant’s Sixth Amendment rights.

12015–2015
Purkett v. Elem green
scotus · 1995
2 sentences

2011Each of these reasons was a permissible race-neutral explanation for the exercise of a peremptory challenge. "`The second step of this process does not demand an explanation that is persuasive, or even plausible.'" Jeter, 888 N.E.2d at 1264 (quoting Purkett v. Elem, 514 U.S. 765, 767-68 , 115 S.Ct. 1769 , 131 L.Ed.2d 834 (1995) (per curiam)).

2011Each of these reasons was a permissible race-neutral explanation for the exercise of a peremptory challenge. "`The second step of this process does not demand an explanation that is persuasive, or even plausible.'" Jeter, 888 N.E.2d at 1264 (quoting Purkett v. Elem, 514 U.S. 765, 767-68 , 115 S.Ct. 1769 , 131 L.Ed.2d 834 (1995) (per curiam)).

12011–2011
Jeter v. State green
ind · 2008
2 sentences

2011Each of these reasons was a permissible race-neutral explanation for the exercise of a peremptory challenge. “ ‘The second step of this process does not demand an explanation that is persuasive, or even plausible.’” Jeter, 888 N.E.2d at 1264 (quoting Purkett v. Elem, 514 U.S. 765, 767-68 , 115 S.Ct. 1769 , 131 L.Ed.2d 834 (1995) (per curiam)).

2011Each of these reasons was a permissible race-neutral explanation for the exercise of a peremptory challenge. "`The second step of this process does not demand an explanation that is persuasive, or even plausible.'" Jeter, 888 N.E.2d at 1264 (quoting Purkett v. Elem, 514 U.S. 765, 767-68 , 115 S.Ct. 1769 , 131 L.Ed.2d 834 (1995) (per curiam)).

12011–2011
Williams v. State green
ind · 1996
1 sentence

1996Discussion We address the identical issues in Williams v. State, 669 N.E.2d 1372 (Ind.1996), also decided today. 2 In both Williams and this case, we do not find that it constituted reversible error for the trial court to require each side to present a race-neutral justification for each of its peremptory challenges.

11996–1996
American Home Assurance Co. v. National Casualty Co. neutral
nyappdiv · 1994
2 sentences

1996Richardson v. State, 575 So.2d 294 (Fla.Dist.Ct.App.1991) (trial court could properly raise issue of whether State could justify excluding some minority venire members); Brogden v. State, 102 Md.App. 423 , 649 A.2d 1196 (1994) ("trial judge need not sit idly by when he or she observes what he perceives to be discrimination in the exercise of peremptory challenges"); People v. Nelson, 214 A.D.2d 411 , 625 N.Y.S.2d 176 (1995) (trial court did not improperly inject itself into proceedings by sua sponte noting existence of prima facie Batson violation); American Home Assurance Co. v. National Casu

1996Richardson v. State, 575 So.2d 294 (Fla.Dist.Ct.App.1991) (trial court could properly raise issue of whether State could justify excluding some minority venire members); Brogden v. State, 102 Md.App. 423 , 649 A.2d 1196 (1994) ("trial judge need not sit idly by when he or she observes what he perceives to be discrimination in the exercise of peremptory challenges"); People v. Nelson, 214 A.D.2d 411 , 625 N.Y.S.2d 176 (1995) (trial court did not improperly inject itself into proceedings by sua sponte noting existence of prima facie Batson violation); American Home Assurance Co. v. National Casu

11996–1996
People v. Frias neutral
nyappdiv · 1995
1 sentence

1996Richardson v. State, 575 So.2d 294 (Fla.Dist.Ct.App.1991) (trial court could properly raise issue of whether State could justify excluding some minority venire members); Brogden v. State, 102 Md.App. 423 , 649 A.2d 1196 (1994) ("trial judge need not sit idly by when he or she observes what he perceives to be discrimination in the exercise of peremptory challenges"); People v. Nelson, 214 A.D.2d 411 , 625 N.Y.S.2d 176 (1995) (trial court did not improperly inject itself into proceedings by sua sponte noting existence of prima facie Batson violation); American Home Assurance Co. v. National Casu

11996–1996
People v. Nelson neutral
nyappdiv · 1995
1 sentence

1996Richardson v. State, 575 So.2d 294 (Fla.Dist.Ct.App.1991) (trial court could properly raise issue of whether State could justify excluding some minority venire members); Brogden v. State, 102 Md.App. 423 , 649 A.2d 1196 (1994) ("trial judge need not sit idly by when he or she observes what he perceives to be discrimination in the exercise of peremptory challenges"); People v. Nelson, 214 A.D.2d 411 , 625 N.Y.S.2d 176 (1995) (trial court did not improperly inject itself into proceedings by sua sponte noting existence of prima facie Batson violation); American Home Assurance Co. v. National Casu

11996–1996
Richardson v. State green
fladistctapp · 1991
1 sentence

1996Richardson v. State, 575 So.2d 294 (Fla.Dist.Ct.App.1991) (trial court could properly raise issue of whether State could justify excluding some minority venire members); Brogden v. State, 102 Md.App. 423 , 649 A.2d 1196 (1994) ("trial judge need not sit idly by when he or she observes what he perceives to be discrimination in the exercise of peremptory challenges"); People v. Nelson, 214 A.D.2d 411 , 625 N.Y.S.2d 176 (1995) (trial court did not improperly inject itself into proceedings by sua sponte noting existence of prima facie Batson violation); American Home Assurance Co. v. National Casu

11996–1996
Nicks v. State green
ind · 1992
1 sentence

1994Nicks v. State (1992), Ind., 598 N.E.2d 520, 523 ; Isom, supra, at 1351 .

11994–1994
Isom v. State green
indctapp · 1992
1 sentence

1994Nicks v. State (1992), Ind., 598 N.E.2d 520, 523 ; Isom, supra, at 1351 .

11994–1994
Mays v. State green
ind · 1984
1 sentence

1984Mays v. State, (1984) Ind., 469 N.E.2d 1161 ; Hoskins v. State, (1982) Ind., 441 N.E.2d 419, 422 .

11984–1984
Hoskins v. State green
ind · 1982
1 sentence

1984Mays v. State, (1984) Ind., 469 N.E.2d 1161 ; Hoskins v. State, (1982) Ind., 441 N.E.2d 419, 422 .

11984–1984

Where else courts name it

CA 56 (1928–2026) FL 37 (1967–2026) LA 26 (1941–2017) IL 25 (1981–2022) TX 23 (1974–2013) NY 21 (1980–2021) NJ 19 (1976–2025) GA 16 (1996–2017) OH 16 (1992–2022) MN 15 (1990–2019) MA 12 (1998–2025) MS 11 (1995–2024) NV 10 (2011–2019) UT 8 (1988–2014) PA 7 (1967–2018) MO 7 (1975–2018) WA 7 (2001–2018) SC 7 (1982–2025) IN 7 (1984–2015) DC 6 (1982–1997) AL 6 (1990–2003) AZ 5 (1915–1989) MI 4 (2015–2021) CT 4 (1999–2006) KY 3 (2003–2007) IA 3 (2017–2019) AR 3 (1997–2015) TN 3 (2007–2019) NC 3 (1975–1997) OR 2 (2024–2024) WI 2 (2004–2012) CO 2 (1985–2014) MD 2 (1989–1989) OK 2 (1994–1998)

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