Eldridge v. Eldridge’s Empirical Analysis

Citation profile

18 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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Initially, the judge has . the duty to determine whether recusal is warranted in a particular case. Kinard, 986 S.W.2d at 228 . These decisions are discretionary, unless otherwise mandated by the Tennessee Constitution or by statute. Id. See Tenn. Const. Art 6 § 11; Tenn.Code Ann. § 17-2-101 (1994). A judge must be objective when making his or her determination. Kinard, 986 S.W.2d at 228 . Thus, when parties challenge a judge’s impartiality, they “must come forward with some evidence that would prompt a reasonable, disinterested person to believe that the judge’s impartiality might reasonably be questioned.” Davis v. Dep’t of Employment Sec., 23 S.W.3d 304, 313 (Tenrn.Ct.App.1999). [[Image here]] Parties may lose the right to challenge a judge’s impartiality if they do not file recusal motions soon after the facts forming the basis of the motion become known. Id. The frequently cited rule that “a party must complain and seek relief immediately after the occurrence of a prejudicial event and may not silently preserve the event as an ‘ace in the hole’ to be used in the event of an adverse decision,” applies in cases where a party challenges a judge’s impartiality. Gotwald v. Gotwald, 768 S.W.2d 689, 694 (Tenn.Ct.App.1988); see also Davis, 23 S.W.3d at 313 ; Kinard, 986 S.W.2d at 228 . Accordingly, the failure of a party to seek the recusal of a judge in a timely manner results in a waiver of the issue. Davis, 23 S.W.3d at 313 .”

   1 later decision quote this exact passage · from the majority
   e.g. Todd v. Jackson

2. “In order to disqualify a judge, the bias or prejudice must come from an extrajudicial source and not result from the judge’s impressions during trial. Id. If this were not the case, a judge who makes a ruling adverse to one of the parties would be subject to charges of bias and prejudice. Id. Indeed, “adverse rulings by a trial court are not usually sufficient grounds to establish bias. Rulings of a trial judge, even if erroneous, numerous and continuous, do not, without more, justify disqualification.” Alley v. State, 882 S.W.2d 810, 821-22 (Tenn.Crim.App.1994) (citations omitted); But see Hoalcraft v. Smithson, No. M2000-01347-COAR10CV, 2001 WL 775602 , , 2001 Tenn.App. LEXIS 489, at -54 (Tenn.Ct.App. July 10, 2001) (no perm. app. filed) (stating that the cumulative effect of the trial judge’s “repeated misapplication of fundamental, rudimentary legal principles in ways that favored Mr. Smithson substantively and procedurally” prompts an objective concern regarding the judge’s impartiality). [[Image here]] Disqualification is not warranted when the judge’s impersonal prejudice arises from the judge’s background experience. Id. Judges will generally have strong feelings about certain conduct and behavior. Id. “When the judge perceives that one party or the other has engaged in that conduct, the party should not be surprised that he/she has incurred the judge’s wrath.” Id.”

   1 later decision quote this exact passage · from the majority
   e.g. Battleson v. Battleson

3. “Separate property becomes marital property [by commingling] if inextricably mingled with marital property or with the separate property of the other spouse. If the separate property continues to be segregated or can be traced into its product, commingling does not occur ... [Transmutation] occurs when separate property is treated in such a way as to give evidence of an intention that it become marital property.... The rationale underlying these doctrines is that dealing with property in these ways creates a rebuttable presumption of a gift to the marital estate. This presumption is based also upon the provision in many marital property statutes that property acquired during the marriage is presumed to be marital.- The presumption can be rebutted by evidence of circumstances or communications clearly indicating an intent that the property remain separate.”

   1 later decision quote this exact passage · from the majority
   e.g. In re Adams