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6 Pennsylvania opinions name it 2 courts 1981–2015 0 in the last five years
The cases below were cited by Pennsylvania 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 |
|---|---|---|
Patricia Ann Thomas Jackson v. Tommy Herring, Cross-Appelleegreen2 sentences2011Id.; see also Jackson v. Herring, 42 F.3d 1350, 1357 (11th Cir.1995) (finding a Swain violation, inter alia, on the basis of testimony from “the former prosecuting attorney himself ... that there was widespread and systematic misuse of peremptories by the Tuscaloosa D.A.’s office,” although dismissing the claim based upon state procedural default analysis); State v. Washington, 375 So.2d 1162, 1164 (La.1979) (finding Swain violation on the basis of, inter alia, evidence that “the prosecutor himself admits that, solely on the basis of race and without examination as to the individual’s particul 2011Id.; see also Jackson v. Herring, 42 F.3d 1350, 1357 (11th Cir.1995) (finding a *898 Swain violation, inter alia, on the basis of testimony from "the former prosecuting attorney himself ... that there was widespread and systematic misuse of peremptories by the Tuscaloosa D.A.'s office," although dismissing the claim based upon state procedural default analysis); State v. Washington, 375 So.2d 1162, 1164 (La.1979) (finding Swain violation on the basis of, inter alia, evidence that "the prosecutor himself admits that, solely on the basis of race and without examination as to the individual's par | 3 | 3 |
State v. Washingtongreen2 sentences2011Id.; see also Jackson v. Herring, 42 F.3d 1350, 1357 (11th Cir.1995) (finding a Swain violation, inter alia, on the basis of testimony from “the former prosecuting attorney himself ... that there was widespread and systematic misuse of peremptories by the Tuscaloosa D.A.’s office,” although dismissing the claim based upon state procedural default analysis); State v. Washington, 375 So.2d 1162, 1164 (La.1979) (finding Swain violation on the basis of, inter alia, evidence that “the prosecutor himself admits that, solely on the basis of race and without examination as to the individual’s particul 2011Id.; see also Jackson v. Herring, 42 F.3d 1350, 1357 (11th Cir.1995) (finding a *898 Swain violation, inter alia, on the basis of testimony from "the former prosecuting attorney himself ... that there was widespread and systematic misuse of peremptories by the Tuscaloosa D.A.'s office," although dismissing the claim based upon state procedural default analysis); State v. Washington, 375 So.2d 1162, 1164 (La.1979) (finding Swain violation on the basis of, inter alia, evidence that "the prosecutor himself admits that, solely on the basis of race and without examination as to the individual's par | 2 | 3 |
Commonwealth v. McGradygreen1 sentence2015See Commonwealth v. McGrady, 685 A.2d 1008, 1011 (Pa. Super. 1996) (holding that section 8953(a)(2) permitted police officer to continue pursuit of appellant outside the officer’s primary jurisdiction in order to issue a citation for a motor vehicle code violation committed in the officer’s primary jurisdiction). | 1 | 1 |
Commonwealth v. Griffingreen2 sentences2011See Commonwealth v. Griffin, 537 Pa. 447 , 644 A.2d 1167, 1172 (1994) (where the defendant was convicted before Batson and raised a PCRA claim of counsel ineffectiveness for failing to object to the prosecutor's use of peremptory strikes premised on Swain , we said that the defendant was essentially asking the court to equate the Batson standard with the earlier standard of Swain , which we would not do because of the different burdens of proof between the two standards). 2011See Commonwealth v. Griffin, 537 Pa. 447 , 644 A.2d 1167, 1172 (1994) (where the defendant was convicted before Batson and raised a PCRA claim of counsel ineffectiveness for failing to object to the prosecutor's use of peremptory strikes premised on Swain , we said that the defendant was essentially asking the court to equate the Batson standard with the earlier standard of Swain , which we would not do because of the different burdens of proof between the two standards). | 1 | 1 |
Commonwealth v. Futchgreen2 sentences2008See Commonwealth v. Futch, 492 Pa. 359 , 367 n. 7, 424 A.2d 1231 , 1234 n. 7 (1981); accord Jackson v. Herring, 42 F.3d 1350, 1357 (11th Cir.1995) (emphasizing that Swain "describes an 'extreme' example of illegal conduct, rather than a ‘litmus test.' " (quoting Horton v. Zant, 941 F.2d 1449, 1454 (11th Cir.1991))). . 2008See Commonwealth v. Futch, 492 Pa. 359 , 367 n. 7, 424 A.2d 1231 , 1234 n. 7 (1981); accord Jackson v. Herring, 42 F.3d 1350, 1357 (11th Cir.1995) (emphasizing that Swain "describes an 'extreme' example of illegal conduct, rather than a ‘litmus test.' " (quoting Horton v. Zant, 941 F.2d 1449, 1454 (11th Cir.1991))). . | 1 | 1 |
Jimmy Lee Horton v. Walter Zant, Warden, Georgia Diagnostic and Classification Centergreen2 sentences2008See Commonwealth v. Futch, 492 Pa. 359 , 367 n. 7, 424 A.2d 1231 , 1234 n. 7 (1981); accord Jackson v. Herring, 42 F.3d 1350, 1357 (11th Cir.1995) (emphasizing that Swain "describes an `extreme' example of illegal conduct, rather than a `litmus test.'" (quoting Horton v. Zant, 941 F.2d 1449, 1454 (11th Cir. 1991))). [4] Perhaps because the McMahon tape had not yet become public, defense counsel did not forward any Batson challenges contemporaneously with the challenged peremptory strikes, but reluctantly raised the issue at the conclusion of jury selection upon Appellant's insistence. 2008See Commonwealth v. Futch, 492 Pa. 359 , 367 n. 7, 424 A.2d 1231 , 1234 n. 7 (1981); accord Jackson v. Herring, 42 F.3d 1350, 1357 (11th Cir.1995) (emphasizing that Swain "describes an 'extreme' example of illegal conduct, rather than a ‘litmus test.' " (quoting Horton v. Zant, 941 F.2d 1449, 1454 (11th Cir.1991))). . | 1 | 1 |
Commonwealth v. Soaresgreen2 sentences1981See Commonwealth v. Soares,-Mass.-, 387 N.E.2d 499 , cert. denied, 444 U.S. 881 , 100 S.Ct. 170 , 62 L.Ed.2d 110 (1979) (showing that 12 of 13 black prospective jurors challenged is sufficient); cf. United States v. Pearson, 448 F.2d 1207 (5th Cir. 1971) (Swain standard does not require showing that impermissible use of peremptory challenges be exercised 100% of the time); State v. Washington, 375 So.2d 1162 (La.1979), and State v. Brown, 371 So.2d 751 (La.1979) (Swain test satisfied where “continual and conscious rejection of blacks” by prosecutor). 1981See Commonwealth v. Soares,-Mass.-, 387 N.E.2d 499 , cert. denied, 444 U.S. 881 , 100 S.Ct. 170 , 62 L.Ed.2d 110 (1979) (showing that 12 of 13 black prospective jurors challenged is sufficient); cf. United States v. Pearson, 448 F.2d 1207 (5th Cir. 1971) (Swain standard does not require showing that impermissible use of peremptory challenges be exercised 100% of the time); State v. Washington, 375 So.2d 1162 (La.1979), and State v. Brown, 371 So.2d 751 (La.1979) (Swain test satisfied where “continual and conscious rejection of blacks” by prosecutor). | 1 | 1 |
Kentucky v. Simpsongreen2 sentences1981See Commonwealth v. Soares,-Mass.-, 387 N.E.2d 499 , cert. denied, 444 U.S. 881 , 100 S.Ct. 170 , 62 L.Ed.2d 110 (1979) (showing that 12 of 13 black prospective jurors challenged is sufficient); cf. United States v. Pearson, 448 F.2d 1207 (5th Cir. 1971) (Swain standard does not require showing that impermissible use of peremptory challenges be exercised 100% of the time); State v. Washington, 375 So.2d 1162 (La.1979), and State v. Brown, 371 So.2d 751 (La.1979) (Swain test satisfied where “continual and conscious rejection of blacks” by prosecutor). 1981See Commonwealth v. Soares,-Mass.-, 387 N.E.2d 499 , cert. denied, 444 U.S. 881 , 100 S.Ct. 170 , 62 L.Ed.2d 110 (1979) (showing that 12 of 13 black prospective jurors challenged is sufficient); cf. United States v. Pearson, 448 F.2d 1207 (5th Cir. 1971) (Swain standard does not require showing that impermissible use of peremptory challenges be exercised 100% of the time); State v. Washington, 375 So.2d 1162 (La.1979), and State v. Brown, 371 So.2d 751 (La.1979) (Swain test satisfied where “continual and conscious rejection of blacks” by prosecutor). | 1 | 1 |
Castellano v. Spearsgreen2 sentences1981See Commonwealth v. Soares,-Mass.-, 387 N.E.2d 499 , cert. denied, 444 U.S. 881 , 100 S.Ct. 170 , 62 L.Ed.2d 110 (1979) (showing that 12 of 13 black prospective jurors challenged is sufficient); cf. United States v. Pearson, 448 F.2d 1207 (5th Cir. 1971) (Swain standard does not require showing that impermissible use of peremptory challenges be exercised 100% of the time); State v. Washington, 375 So.2d 1162 (La.1979), and State v. Brown, 371 So.2d 751 (La.1979) (Swain test satisfied where “continual and conscious rejection of blacks” by prosecutor). 1981See Commonwealth v. Soares,-Mass.-, 387 N.E.2d 499 , cert. denied, 444 U.S. 881 , 100 S.Ct. 170 , 62 L.Ed.2d 110 (1979) (showing that 12 of 13 black prospective jurors challenged is sufficient); cf. United States v. Pearson, 448 F.2d 1207 (5th Cir. 1971) (Swain standard does not require showing that impermissible use of peremptory challenges be exercised 100% of the time); State v. Washington, 375 So.2d 1162 (La.1979), and State v. Brown, 371 So.2d 751 (La.1979) (Swain test satisfied where “continual and conscious rejection of blacks” by prosecutor). | 1 | 1 |
Massachusetts v. Soaresgreen2 sentences1981See Commonwealth v. Soares,-Mass.-, 387 N.E.2d 499 , cert. denied, 444 U.S. 881 , 100 S.Ct. 170 , 62 L.Ed.2d 110 (1979) (showing that 12 of 13 black prospective jurors challenged is sufficient); cf. United States v. Pearson, 448 F.2d 1207 (5th Cir. 1971) (Swain standard does not require showing that impermissible use of peremptory challenges be exercised 100% of the time); State v. Washington, 375 So.2d 1162 (La.1979), and State v. Brown, 371 So.2d 751 (La.1979) (Swain test satisfied where “continual and conscious rejection of blacks” by prosecutor). 1981See Commonwealth v. Soares,-Mass.-, 387 N.E.2d 499 , cert. denied, 444 U.S. 881 , 100 S.Ct. 170 , 62 L.Ed.2d 110 (1979) (showing that 12 of 13 black prospective jurors challenged is sufficient); cf. United States v. Pearson, 448 F.2d 1207 (5th Cir. 1971) (Swain standard does not require showing that impermissible use of peremptory challenges be exercised 100% of the time); State v. Washington, 375 So.2d 1162 (La.1979), and State v. Brown, 371 So.2d 751 (La.1979) (Swain test satisfied where “continual and conscious rejection of blacks” by prosecutor). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Swain v. Alabama
red
2 sentences2011Swain violation Next, Appellant argues that the Commonwealth committed an equal protection violation pursuant to Swain v. Alabama, 380 U.S. 202, 223 , 85 S.Ct. 824 , 13 L.Ed.2d 759 (1965), because the prosecutor, "in case after case, whatever the circumstances, whatever the crime and whoever the defendant or the victim may be, is responsible for the removal of Negros" who were otherwise qualified to serve as jurors. 2011Swain violation Next, Appellant argues that the Commonwealth committed an equal protection violation pursuant to Swain v. Alabama, 380 U.S. 202, 223 , 85 S.Ct. 824 , 13 L.Ed.2d 759 (1965), because the prosecutor, "in case after case, whatever the circumstances, whatever the crime and whoever the defendant or the victim may be, is responsible for the removal of Negros" who were otherwise qualified to serve as jurors. | 2 | 1981–2011 |
Batson v. Kentucky
green
2 sentences1988The Swain standard was widely criticized as inadequate, and several jurisdictions went beyond Swain and granted a defendant further protections based on state constitutional grounds. [1] Ultimately, in Batson v. Kentucky, 476 U.S. 79 , 106 S.Ct. 1712 , 90 L.Ed.2d 69 (1986) the United States Supreme Court reconsidered Swain , and overruled it. *243 In its stead the U.S. Supreme Court held that a defendant need only show that the prosecution improperly exercised its peremptory challenges in each specific case. 1988The Swain standard was widely criticized as inadequate, and several jurisdictions went beyond Swain and granted a defendant further protections based on state constitutional grounds. [1] Ultimately, in Batson v. Kentucky, 476 U.S. 79 , 106 S.Ct. 1712 , 90 L.Ed.2d 69 (1986) the United States Supreme Court reconsidered Swain , and overruled it. *243 In its stead the U.S. Supreme Court held that a defendant need only show that the prosecution improperly exercised its peremptory challenges in each specific case. | 1 | 1988–1988 |
Hartshorn v. County of Allegheny
green
2 sentences1981The fact that this problem has repeated itself in this case and other cases since our pronouncement in Martin bears further evidence of the ineffectiveness of the Swain test in preserving the fundamental principles of fair trial in this jurisdiction. 460 Pa. 560 , 417 A.2d at 188 . . 1981The fact that this problem has repeated itself in this case and other cases since our pronouncement in Martin bears further evidence of the ineffectiveness of the Swain test in preserving the fundamental principles of fair trial in this jurisdiction. 460 Pa. 560 , 417 A.2d at 188 . . | 1 | 1981–1981 |
Commonwealth v. Brown
green
2 sentences1981The fact that this problem has repeated itself in this case and other cases since our pronouncement in Martin bears further evidence of the ineffectiveness of the Swain test in preserving the fundamental principles of fair trial in this jurisdiction. 460 Pa. 560 , 417 A.2d at 188 . . 1981The fact that this problem has repeated itself in this case and other cases since our pronouncement in Martin bears further evidence of the ineffectiveness of the Swain test in preserving the fundamental principles of fair trial in this jurisdiction. 460 Pa. 560 , 417 A.2d at 188 . . | 1 | 1981–1981 |
United States v. Upton Pearson, Jr. And Edward Johnson, Jr., United States of America v. Edward Johnson, Jr.
green
2 sentences1981See Commonwealth v. Soares,-Mass.-, 387 N.E.2d 499 , cert. denied, 444 U.S. 881 , 100 S.Ct. 170 , 62 L.Ed.2d 110 (1979) (showing that 12 of 13 black prospective jurors challenged is sufficient); cf. United States v. Pearson, 448 F.2d 1207 (5th Cir. 1971) (Swain standard does not require showing that impermissible use of peremptory challenges be exercised 100% of the time); State v. Washington, 375 So.2d 1162 (La.1979), and State v. Brown, 371 So.2d 751 (La.1979) (Swain test satisfied where “continual and conscious rejection of blacks” by prosecutor). 1981See Commonwealth v. Soares,-Mass.-, 387 N.E.2d 499 , cert. denied, 444 U.S. 881 , 100 S.Ct. 170 , 62 L.Ed.2d 110 (1979) (showing that 12 of 13 black prospective jurors challenged is sufficient); cf. United States v. Pearson, 448 F.2d 1207 (5th Cir. 1971) (Swain standard does not require showing that impermissible use of peremptory challenges be exercised 100% of the time); State v. Washington, 375 So.2d 1162 (La.1979), and State v. Brown, 371 So.2d 751 (La.1979) (Swain test satisfied where “continual and conscious rejection of blacks” by prosecutor). | 1 | 1981–1981 |
State v. Brown
green
2 sentences1981See Commonwealth v. Soares,-Mass.-, 387 N.E.2d 499 , cert. denied, 444 U.S. 881 , 100 S.Ct. 170 , 62 L.Ed.2d 110 (1979) (showing that 12 of 13 black prospective jurors challenged is sufficient); cf. United States v. Pearson, 448 F.2d 1207 (5th Cir. 1971) (Swain standard does not require showing that impermissible use of peremptory challenges be exercised 100% of the time); State v. Washington, 375 So.2d 1162 (La.1979), and State v. Brown, 371 So.2d 751 (La.1979) (Swain test satisfied where “continual and conscious rejection of blacks” by prosecutor). 1981See Commonwealth v. Soares,-Mass.-, 387 N.E.2d 499 , cert. denied, 444 U.S. 881 , 100 S.Ct. 170 , 62 L.Ed.2d 110 (1979) (showing that 12 of 13 black prospective jurors challenged is sufficient); cf. United States v. Pearson, 448 F.2d 1207 (5th Cir. 1971) (Swain standard does not require showing that impermissible use of peremptory challenges be exercised 100% of the time); State v. Washington, 375 So.2d 1162 (La.1979), and State v. Brown, 371 So.2d 751 (La.1979) (Swain test satisfied where “continual and conscious rejection of blacks” by prosecutor). | 1 | 1981–1981 |
People v. Wheeler
green
2 sentences1981See Kairys, et al., Jury Representativeness: A Mandate for Multiple Source Lists (1977); Kuhn, Jury Discrimination: The Next Phase, 41 S.Cal.L.Rev. 273-276 (1968). [5] The fact that this problem has repeated itself in this case and other cases since our pronouncement in Martin bears further evidence of the ineffectiveness of the Swain test in preserving the fundamental principles of fair trial in this jurisdiction. 460 Pa. 560 , 417 A.2d at 188 . [6] Commonwealth v. Soares, ____ Mass. ____, 387 N.E.2d 499 , cert. denied, 444 U.S. 881 , 100 S.Ct. 170 , 62 L.Ed.2d 110 (1979); People v. Wheeler, 1981See Kairys, et al., Jury Representativeness: A Mandate for Multiple Source Lists (1977); Kuhn, Jury Discrimination: The Next Phase, 41 S.Cal.L.Rev. 273-276 (1968). [5] The fact that this problem has repeated itself in this case and other cases since our pronouncement in Martin bears further evidence of the ineffectiveness of the Swain test in preserving the fundamental principles of fair trial in this jurisdiction. 460 Pa. 560 , 417 A.2d at 188 . [6] Commonwealth v. Soares, ____ Mass. ____, 387 N.E.2d 499 , cert. denied, 444 U.S. 881 , 100 S.Ct. 170 , 62 L.Ed.2d 110 (1979); People v. Wheeler, | 1 | 1981–1981 |
State v. Eames
green
2 sentences1981See Kairys, et al., Jury Representativeness: A Mandate for Multiple Source Lists (1977); Kuhn, Jury Discrimination: The Next Phase, 41 S.Cal.L.Rev. 273-276 (1968). [5] The fact that this problem has repeated itself in this case and other cases since our pronouncement in Martin bears further evidence of the ineffectiveness of the Swain test in preserving the fundamental principles of fair trial in this jurisdiction. 460 Pa. 560 , 417 A.2d at 188 . [6] Commonwealth v. Soares, ____ Mass. ____, 387 N.E.2d 499 , cert. denied, 444 U.S. 881 , 100 S.Ct. 170 , 62 L.Ed.2d 110 (1979); People v. Wheeler, 1981See Kairys, et al., Jury Representativeness: A Mandate for Multiple Source Lists (1977); Kuhn, Jury Discrimination: The Next Phase, 41 S.Cal.L.Rev. 273-276 (1968). [5] The fact that this problem has repeated itself in this case and other cases since our pronouncement in Martin bears further evidence of the ineffectiveness of the Swain test in preserving the fundamental principles of fair trial in this jurisdiction. 460 Pa. 560 , 417 A.2d at 188 . [6] Commonwealth v. Soares, ____ Mass. ____, 387 N.E.2d 499 , cert. denied, 444 U.S. 881 , 100 S.Ct. 170 , 62 L.Ed.2d 110 (1979); People v. Wheeler, | 1 | 1981–1981 |
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.
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.