Clark v. State’s Empirical Analysis

Citation profile

17 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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “These remarks indicate that the judge became “embroiled in a personal dispute”, Meyer, supra, with the appellant. Even though the judge’s objectivity may not have been affected by the appellant’s attack, “justice must satisfy the appearance of justice.” Offutt v. United States, 348 U.S. 11 (1954). Accordingly, the trial judge under these circumstances should have recused from hearing the contempt charge. As stated by Chiefjustice Taft in Cooke v. United States, 267 U.S. 517, 539 (1925): [A]ll of such cases.. .present difficult questions for the judge.All we can say on the whole matter is that where conditions do not make it impracticable, or where the delay may not injure public or private rights, a judge called upon to act in a case of contempt by personal attack upon him, may, without flinching from his duty, properly ask that one of his fellow judges take his place. By our holding we do not intend that all contempts not committed in the immediate view and presence of the court, must be tried by a third party. But where a direct personal attack is made on a judge which is the subject of a contempt charge by that judge, or contemptuous conduct occurs which necessitates a factual hearing on the allegations made against the judge (as seems to have been contemplated in this case), to ensure a fair and impartial hearing the judge must recuse.”

   1 later decision quote this exact passage
   e.g. Allen v. Rutledge

2. “The appellant’s final argument is that the mere filing of the motion to recuse was not contempt. While this situation could fit within the perimeters of our definition of criminal con tempt, see Ex parte Stroud, 167 Ark. 331 , 268 S.W. 13 (1925), the underlying factual question will have to be resolved by the trial court upon remand. [ 287 Ark. at 227 , 697 S.W.2d at 898 .]”

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

3. “There must be an accusation before the accused can be notified of it, and there is no reason why the court in session can not recite that the matter offending has come to its knowledge, setting it out in an order, and direct a citation thereon to show cause.”

   1 later decision quote this exact passage
   e.g. Nelson v. Nelson