Henderson v. Department of Public Safety & Corrections’s Empirical Analysis
901 F.2d 1288 · 1990
Citation profile
8 federal appellate · 2 district · 2 state decisions
How this case has been cited
Cited by 52 later decisions — most recently September 2023 · most notably Trevino v. Johnson (1999), United States v. Jordan (1995)
8 federal appellate · 2 district · 2 state decisions
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
Applies 28 U.S.C. § 144 · 28 U.S.C. § 455
Relies on Liljeberg v. Health Services Acquisition Corp. · Barrett v. Zweibon · Thomas v. Capital Security Services, Inc. · Davis v. Board of School Commissioners · Jurldine A. Donaldson v. Paul v. Clark
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 52 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[wjhenever a party to any proceeding in a district court makes and files a timely and sufficient affidavit that the judge before whom the matter is pending has a personal bias or prejudice either against him or in favor of any adverse party, such judge shall proceed no further therein, but another judge shall be assigned to hear such proceeding. The affidavit shall state the facts and the reasons for the belief that bias or prejudice exists, and shall be filed not less than ten days before the beginning of the term at which the proceeding is to be heard, or good cause shall be shown for failure to file it within such time. A party may file only one such affidavit in any case. It shall be accompanied by a certifícate of counsel of record stating that it is made in good faith.”
4 later decisions quote this exact passage · from the majority“Bias against an attorney is not enough to require disqualification under § 455 unless petitioners can show that such a controversy would demonstrate a bias against the party itself. For the bias against an attorney to require disqualification of the trial judge, it must be of a continuing and personal nature and not simply bias against an attorney because of his conduct. [Cites omitted].”
3 later decisions quote this exact passage · from the majority“The goal of section 455(a) is to avoid even the appearance of partiality. If it would appear to a reasonable person that a judge has knowledge of facts that would give him an interest in the litigation then an appearance of partiality is created even though no actual partiality exists because the judge does not recall the facts, because the judge actually has no interest in the case or because the judge is pure in heart and incorruptible.... Under section 455(a), therefore, recusal is required even when a judge lacks actual knowledge of the facts indicating his interest or bias in the case if a reasonable person, knowing all the circumstances, would expect that the judge would have actual knowledge.”
1 later decision 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.