175 Md. App. 130 - Scott v. State’s Empirical Analysis
2007
Citation profile
8
cited by 8 later decisions
1
states following
December 2018
most recently cited
8 state decisions
Relationships
Relies on Jackson v. Virginia · Rosales-Lopez v. United States · United States v. California · In re Disbarment of Kleindienst · Baumgart v. Fairchild Aircraft Corp.
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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“A party attempting to demonstrate "that a judge is not impartial or disinterested has a high burden to meet." Scott [ v. State ], 110 Md. App. [464,] 486, 677 A.2d 1078 [1996]. "This is so because there is a strong presumption in Maryland, and elsewhere, that judges are impartial participants in the legal process, whose duty to preside when qualified is as strong as their duty to refrain from presiding when not qualified." Jefferson-El [ v. State ], 330 Md. [99,] 107, 622 A.2d 737 [1993] (citations omitted). To overcome the presumption of impartiality, the party requesting recusal must prove that the trial judge has "a personal bias or prejudice" concerning him or "personal knowledge of disputed evidentiary facts concerning the proceedings." Boyd [ v. State , 321 Md. 69 , 80, 581 A.2d 1 (1990) ]. Only bias, prejudice, or knowledge derived from an extrajudicial source is "personal." Where knowledge is acquired in a judicial setting, or an opinion arguably expressing bias is formed on the basis of information "acquired from evidence presented in the course of judicial proceedings before him," neither that knowledge nor that opinion qualifies as "personal." Boyd , 321 Md. at 77 , 581 A.2d 1 (quoting Craven v. U.S. , 22 F.2d 605 , 607-08 (1st Cir.1927) ; [ Doering v. Fader , 316 Md. 351 , 356, 558 A.2d 733 (1989) ]. Id. at 107, 622 A.2d 737 (some citations omitted). A party attempting to demonstrate that a judge does not have the appearance of disinterestedness or impartiality ca”
1 later decision quote this exact passage“This is so because there is a strong presumption in Maryland, and elsewhere, that judges are impartial participants in the legal process, whose duty to preside when qualified is as strong as their duty to refrain from presiding when not qualified.”
1 later decision quote this exact passage“that a judge is not impartial or disinterested has a high burden to meet.”
1 later decision quote this exact passage
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.