No 06-3098’s Empirical Analysis

Citation profile

8 district · 5 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 46 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[Pjutative recipients of speech usually have standing to challenge orders silencing would be speakers but ... plaintiffs still must show that the gag orders have caused them injury in fact and that their injury is likely to be redressed by a favorable decision. Accordingly we held that third parties have standing to challenge a gag order only when there is reason to believe that the individual subject to the gag order is willing to speak and is being restrained from doing so.”

   2 later decisions quote this exact passage · from the majority
   e.g. Pennsylvania Family Institute, Inc. v. Celluci · WXIA-TV v. State

2. “[t]he overwhelming majority of documents disclosed during discovery are likely irrelevant to the underlying issues and will not be 'heard or read by counsel' or 'by the court or other judicial officer,' " but public access is presumed for "materials that invoke 'judicial resolution of the merits' " (citations omitted) ). This appeal arose under a unique set of circumstances, and thus we keep our holding narrow in comporting with our own precedent. Alabama's lethal injection protocol may not have been formally filed under the rushed timeline of Hamm's approaching execution, but the protocol constitutes a judicial record subject to the common law right of access because it was submitted to the district court to resolve disputed substantive motions in the litigation, was discussed and analyzed by all parties in evidentiary hearings and arguments, and was unambiguously integral to the court's resolution of the substantive motions in Hamm's as-applied challenge to the protocol. 6 B. Common Law Right of Access After establishing that Alabama's protocol is a judicial record, we must now determine whether the district court abused its discretion in unsealing the protocol after finding it subject to the common law right of access. Generally, "the common-law right of access standard as it applies to particular documents requires the court to balance competing interests of the parties,”

   1 later decision quote this exact passage · from the majority
   e.g. Advance Local Media, LLC v. Commissioner, Alabama Department of Corrections

3. “[Ojpinions formed by the judge on the basis of facts introduced or events occurring in the course of the current proceedings...do not constitute a basis for a bias or partiality motion unless they display a deep-seated favoritism or antagonism that would make fair judgment impossible. Thus, judicial remarles during the course of a trial that are critical or disapproving of, or even hostile to, counsel, the parties, or their cases, ordinarily do not support a bias or partiality challenge... [unless] they reveal such a high degree of favoritism or antagonism as to make fair judgment impossible.”

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