attorney who exercises challenge (Oklahoma) · Go Syfert
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attorney who exercises challenge in Oklahoma

6 Oklahoma opinions name it 1 courts 1994–2021 1 in the last five years

The cases below were cited by Oklahoma 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 (2)

CaseFollowedCited
Hernandez v. New Yorkgreen
scotus · 1991 · cited in 5 Oklahoma opinions naming this issue, 1994–2000
2 sentences

2000There 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.... [Elvaluation of the prosecutor's state of mind based on demeanor and credibility lies {peculiarly within a trial judge's province." Hernandez, 500 U.S. at 365 , 111 S.Ct. at 1859 , 114 L.Ed.2d at 409 .

2000There 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.... [Elvaluation of the prosecutor's state of mind based on demeanor and credibility lies {peculiarly within a trial judge's province." Hernandez, 500 U.S. at 365 , 111 S.Ct. at 1859 , 114 L.Ed.2d at 409 .

15
Flowers v. Mississippigreen
scotus · 2019 · cited in 1 Oklahoma opinions naming this issue, 2021–2021
2 sentences

2021The ultimate inquiry is whether the State was "motivated in substantial part by discriminatory intent." 139 S.Ct. 2228, 2243-44 (2019) (citations omitted). ¶15 The district court observed that the prosecution had struck three African-American males in the venire.

2021The ultimate inquiry is whether the State was "motivated in substantial part by discriminatory intent." 139 S.Ct. 2228, 2243-44 (2019) (citations omitted). ¶15 The district court observed that the prosecution had struck three African-American males in the venire.

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (2)

CaseCitedYears
Turrentine v. State green
oklacrimapp · 1998
2 sentences

1999There 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. . . . [E]valuation of the prosecutor's state of mind based on demeanor and credibility lies `peculiarly within a trial judge's province.' Turrentine, 965 P.2d at 965 , quoting Hernandez, 500 U.S. at 365 , 111 S.Ct. at 1859 , 114 L.Ed.2d at 409 . ¶ 17 Here, the trial court chose to believe the prosecutor's race-neutral explanations for striking the jurors in question, rejecting Appellant's assertion that the reasons were pretextual.

1999There 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.... [Evaluation of the prosecutor’s state of mind based on demeanor and credibility lies ‘peculiarly within a trial judge’s province.’ Turrentine, 965 P.2d at 965 , quoting Hernandez, 500 U.S. at 365 , 111 S.Ct. at 1859 , 114 L.Ed.2d at 409 . ¶ 17 Here, the trial court chose to believe the prosecutor’s race-neutral explanations for striking the jurors in question, rejecting Appellant’s assertion that the reasons were pretextual.

11999–1999
Neill v. State green
oklacrimapp · 1994
2 sentences

1998The best evidence often will be the demeanor of the attorney who exercises the challenge. “[Ejvaluation of the prosecutor’s state of mind based on demeanor and credibility lies ‘peculiarly within a trial judge’s province.’ ” Neill, 896 P.2d at 547 quoting Hernandez v. New York, 500 U.S. 352, 365 , 111 S.Ct. 1859, 1869 , 114 L.Ed.2d 395, 409 (1991).

1998The best evidence often will be the demeanor of the attorney who exercises the challenge. "[E]valuation of the prosecutor's state of mind based on demeanor and credibility lies `peculiarly within a trial judge's province.'" Neill, 896 P.2d at 547 quoting Hernandez v. New York, 500 U.S. 352, 365 , 111 S.Ct. 1859, 1869 , 114 L.Ed.2d 395, 409 (1991).

11998–1998

Statutes the citing opinions construe

OK § Okla. Stat. tit. 21, § 701.12 (4) OK § Okla. Stat. tit. 21, § 701.13 (4) OK § Okla. Stat. tit. 21, § 701.7 (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

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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