Elmore v. State’s Empirical Analysis
1985
Citation profile
14 state decisions
How this case has been cited
Cited by 14 later decisions — most recently September 2023
14 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Orman v. Bishop · Meyers v. State · 6 Ark. App. 342 - Johnson v. State · Bryant v. State
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.
“At the hearing on the motion for a new trial, it became necessary for the trial judge to testify to what had passed between himself and the juror. Appellant asked the trial judge to recuse himself from ruling on the motion for a new trial because he was going to testify in the hearing. The trial judge denied appellant’s motion to recuse. This put the trial judge in the position of ruling upon his own credibility and thus open to a charge of impartiality. This is one situation that the A.B.A. Code of Judicial Conduct cautions us against. Canon 3(C)(1) of the Code states: A judge should disqualify himself in a proceeding which his impartiality might reasonably be questioned, including but not limited to instances where: (a) he has. . .personal knowledge of a disputed evidentiary facts concerning the proceeding. . . Our Supreme Court has recognized the need for a judge to disqualify when he must appear as a witness for want of a record. Meyers v. State, 252 Ark. 367 , 479 S.W.2d 238 (1972). Our judicial system is founded upon the premise that justice is impartial. When a trial judge sits as judge and as witness, the appearance of impartiality is destroyed. It is clear that the trial judge should have recused himself when it became necessary for him to testify. However, we do not find that his failure to do so is reversible error under the facts of this particular case. While it was clearly error, we believe the appellant suffered no prejudice as a result. For the reasons discuss”
2 later decisions quote this exact passagee.g. Sheridan v. State · State v. Gokey“emphasiz[ing] the need for trial judges to diligently avoid all appearances of impropriety,”
1 later decision quote this exact passagee.g. State v. Gokey
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.