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← 232 F.2d 458 - Burton S. Knapp v. John P. Kinsey

Burton S. Knapp v. John P. Kinsey’s Empirical Analysis

232 F.2d 458 · 1956

Citation profile

166
cited by 166 later decisions
10
states following
December 2016
most recently cited

117 federal appellate · 4 district · 15 state decisions

How this case has been cited

Cited by 166 later decisions — most recently December 2016 · most notably United States v. Haldeman (1976), In re Union Leader Corp. (1961)

117 federal appellate · 4 district · 15 state decisions — followed in 10 states

4601956196019701980199020002010decided

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 In the Matters of Lee Roy Murchison and John Whites · Quercia v. United States · Berger v. United States · Ex parte American Steel Barrel Co. · United States v. California

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

  1. “The trial judge in the federal court is more than a mere arbitrator to rule upon objections and to instruct the jury. It is his function to conduct the trial in an orderly way with a view to eliciting the truth and to attaining justice between the parties. It is his duty to see that the issues are not obscured and that the testimony is not misunderstood. He has the right to interrogate witnesses for this purpose.”
    9 later decisions quote this exact passage · from the majority
  2. “One of the fundamental rights of a litigant under our judicial system is that he is entitled to a fair trial in a fair tribunal, and that fairness requires an absence of actual bias or prejudice in the trial of the case.”
    6 later decisions quote this exact passage · from the majority
  3. “"The bias or prejudice which will disqualify a judge must be `personal' bias or prejudice as distinguished from a judicial one. Craven v. United States, 1 Cir., 22 F.2d 605, 607-608 , certiorari denied 276 U.S. 627 , 48 S.Ct. 321 , 72 L.Ed. 739 . It is not sufficient if the alleged bias or prejudice arises out of the judge's background and associations rather than his appraisal of the complaining party personally. Price v. Johnston, 9 Cir., 125 F.2d 806, 811 ; Eisler v. United States, 83 U.S.App. D.C. 315, 170 F.2d 273, 278 . Nor is it sufficient that the alleged bias or prejudice arises from the judge's view of the law, which may have been expressed by him in some prior case. Loew's, Inc., v. Cole, 9 Cir., 185 F.2d 641, 646 ; Ferrari v. United States, 9 Cir., 169 F.2d 353 . * * * Adverse rulings during the course of the proceedings are not by themselves sufficient to establish bias and prejudice. Ex parte American Steel Barrel Co., 230 U.S. 35, 44 , 33 S.Ct. 1007 , 57 L.Ed. 1379 ; Refior v. Lansing Drop Forge Co., 6 Cir., 124 F.2d 440, 444 ; Littleton v. DeLashmutt, 4 Cir., 188 F.2d 973, 975 , certiorari denied 342 U.S. 897 , 72 S.Ct. 229 , 96 L.Ed. 672 ; Beecher v. Federal Land Bank, 9 Cir., 153 F.2d 987, 988 , certiorari denied 328 U.S. 871 , 66 S.Ct. 1364 , 90 L.Ed. 1641 , rehearing denied 329 U.S. 819 , 67 S.Ct. 28 , 91 L.Ed. 697 . See also In re J. P. Linahan, Inc., 2 Cir., 138 F.2d 650 ."”
    4 later decisions quote this exact passage · from the majority

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.