Lodermeier v. Class’s Empirical Analysis

Citation profile

33 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 33 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Habeas corpus is not a substitute for direct review. Because habeas corpus is a collateral attack upon a final judgment, our scope of review is limited. On habeas review, the petitioner has the initial burden of proof. We review the habeas court’s factual findings under the clearly erroneous standard.”

   6 later decisions quote this exact passage
   e.g. Ramos v. Weber · Jones v. Class

2. “Foremost, we have held that “only personal bias or prejudice [by a trial judge], as distinguished from judicial predilection, constitutes a disqualifying factor.” State v. Lohnes, 432 N.W.2d 77, 83 (S.D.1988) (citing State v. Smith, 242 N.W.2d 320, 324 (Iowa 1976)). This actual bias must come from an extrajudicial source, which means the judge’s rulings were based on something learned other than at trial. Lohnes, 432 N.W.2d at 83 . Accord State v. Farni, 325 N.W.2d 107, 110 (Iowa 1982). Such bias will be judged by a reasonable person standard, McKinley v. Iowa Dist. Court for Polk Cty., 542 N.W.2d 822, 827 (Iowa 1996), but a judge’s decision to stay on a case will be affirmed unless there is bias or prejudice shown as a matter of law. Lohnes, 432 N.W.2d at 83 ; State v. Shepard, 239 Neb. 639 , 477 N.W.2d 567, 571 (1991) (holding there is a heavy burden to overcome a presumption of judicial impartiality).”

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

3. “The presiding judge of the circuit court or in his absence or disqualification as the judge sought to be changed, the senior judge of the circuit shall review the affidavit and certification, if any, and it is determined that the affidavit is timely and that the right to file the affidavit has not been waived or is not otherwise legally defective, shall assign some other circuit judge or magistrate of that circuit as is appropriate to preside in such action, by filing an order of such appointment with the clerk of the court of the county wherein said action is pending. From the filing of such order the judge or magistrate therein designated shall have full power, authority and jurisdiction to proceed in the matter. (emphasis added).”

   1 later decision quote this exact passage
   e.g. Jones v. Class