Topic: a judge cannot merely accept the reasons proffered at face … · Go Syfert
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Topic #22035

6 canonical passages across 3 cases, quoted by 19 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from State v. Slappy.

#Case FlagCanonical passage Citers
1 State v. Slappy Anchor
fla · 1988
green “a judge cannot merely accept the reasons proffered at face value, but must evaluate those reasons as he or she would weigh any disputed fact.” 4
2 Spencer v. State
fladistctapp · 2016
green “it is unquestionably the better practice for the trial court, having made a determination of neutrality under step 2 of the melbourne analysis, to ask the opponent whether he or she wishes to challenge the genuineness of the proponent's reason,” 3
3 Spencer v. State
fladistctapp · 2016
green “must expressly make a claim of pretext and at least attempt to proffer the circumstances that support its claim.” 3
4 Hayes v. State
fla · 2012
green “compliance with each step is not discretionary, and the proper remedy when the trial court fails to abide by its duty under the melbourne procedure is to reverse and remand for a new trial.” 3
5 Hayes v. State
fla · 2012
green “compliance with each step of melbourne is not discretionary, and the proper remedy when the trial court fails to abide by its duty under the melbourne procedure is to reverse and remand for a new trial.” 3
6 Hayes v. State
fla · 2012
green “since the reason defense counsel offered was facially gender neutral, the trial court was then required to engage in step three-the genuineness analysis.” 3

A red or yellow flag on a member means the underlying case has negative treatment: for those, check the case page before relying on the passage.

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