State v. James D. Kirk

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• vacating a judgment of conviction due to the risk of racial prejudice, and noting that “courts from other jurisdictions have sometimes modified or relaxed the standards for determining whether the error was prejudicial where the prosecution invoked racial considerations”
• noting “concern about fairness should be especially acute where a prosecutor’s argument appeals to race prejudice in the context of a sexual crime, for few forms of prejudice are so virulent” (brackets and quotations omitted)
• “An invocation of race by a prosecutor, even if subtle and oblique, may be violative of due process or equal protection.”

Source: CourtListener parenthetical corpus (CC0).