Voss v. State’s Empirical Analysis

Citation profile

12 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(B) Change of Judge—Felony „ and Misdemeanor Cases. In felony and misdemeanor cases, the state or defendant may request a change of judge for bias or prejudice. The party shall timeiy file an affidavit that the judge has a personal bias or prejudice against the state or defendant. The affidavit shall state the facts and the reasons for the belief that such bias or prejudice exists, and shall be accompanied by a certificate from the attorney of record that "the attorney in good faith believes that the historical facts recited in the affidavit are true. The request shall be granted if the historical facts recited in the affidavit support a rational inference of bias or prejudice.”

   2 later decisions quote this exact passage
   e.g. Keith D. Abney v. State of Indiana · Patterson v. State

2. “A party is entitled to a change of judge only “if the historical facts recited in the affidavit support a rational inference of bias or prejudice.” Grim. R. 12(B). This is not limited to cases in which the judge has expressed an opinion on guilt or innocence or the merits of the. case. It .does not depend on a subjective showing that the trial judge is actually biased or prejudiced. In considering a motion for change of judge, the challenged judge’s ruling does not depend upon a self-assessment of actual bias or prejudice. The judge must instead determine whether the historical facts presented in support of the motion lead to a rational inference of bias or prejudice.”

   1 later decision quote this exact passage
   e.g. Keith D. Abney v. State of Indiana

3. “A judge shall disqualify himself or herself in any proceeding in which the judge's impartiality might reasonably be questioned, including but not limited to the following cireumstances: "Hood ook (6) The judge: (a) served as a lawyer in the matter in controversy ... [or] (b) served in governmental employment, and in such capacity participated personally and substantially as a lawyer or public official concerning the proceeding....”

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