Smulls v. State’s Empirical Analysis

Citation profile

14 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “gives meaning to the kind of bias that requires disqualification of a judge. Specifically, a disqualifying bias or prejudice is one that has an extrajudicial source and results in an opinion on the merits on some basis other than what the judge learned from the judge’s participation in a case. In cases requiring recusal, the common thread is either a fact from which prejudgment of some evidentiary issue in the case by the judge may be inferred or facts indicating the judge considered some evidence properly in the ease for an illegitimate purpose.”

   3 later decisions quote this exact passage
   e.g. Worthington v. State · McFadden v. State

2. “A judge shall recuse himself or herself in any proceeding in which the judge's impartiality might reasonably be questioned,”

   3 later decisions quote this exact passage
   e.g. Moore v. Moore · McFadden v. State

3. “'everybody' that he talked to about the charges of racial bias, based on their knowledge of the [original] opinion of this Court, expressed views that were not in agreement with what the opinion said.”

   1 later decision quote this exact passage
   e.g. McFadden v. State