State v. Green’s Empirical Analysis

Citation profile

3 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Both the case law and Tennessee Rules of Criminal Procedure 42(b), 13 which has the force of law, mandate that another judge be appointed to preside at a hearing on these charges. In Taylor v. Hayes, 418 U.S. 488, 94 S.Ct. 2697 , 41 L.Ed.2d 897 (1974), the [C]ourt commented that contemptuous conduct, though short of personal attack, may still provoke a trial judge and so embroil him in controversy that it would be difficult to maintain the calm detachment necessary for fair adjudication. In making this ultimate judgment, the inquiry must not only be whether there was actual bias on the judge’s part, but also whether there was such a likelihood of bias or an appearance of bias that the judge was unable to hold the balance between vindicating the interest of the court and the interest of the accused.... At least three of the contempt judgments ... appear to involve disrespect to or criticism of the trial judge. We conclude that in order to avoid the possibility of any appearance of bias that all the charges involved should be considered by some judge other than the trial judge involved in this case.”

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

2. “Rare is the person, layman or judge, who will admit bias or lack of impartiality in performing a duty or responsibility, before or after the fact. Equally rare are those whose personal sensibilities are not injured by an allegation of bias and lack of impartiality.... But a trial judge about to begin a trial .in which a defendant’s life is at stake ... should be certain that neither actual bias nor the appearance of bias against defense counsel exists before denying the motion [to recuse]. Nothing less satisfies the fair administration of criminal justice.”

   1 later decision quote this exact passage · from the majority
   e.g. Leonard Edward Smith v. State of Tennessee