green
Positive treatment
Quoted verbatim 1×
7.8 score
“for purposes of prima facie case, ... the issue is not why the has a discriminatory impact, rather the issue is simply whether it had such an impact.”
Treatment trajectory · 1988 → 2026 · click a year to view as-of
1988
2007
2026
Top citers, strongest first. 20 distinct citers.
How cited ↗
discussed
Cited as authority (quoted)
Equal Employment Opportunity Commission v. Joint Apprenticeship Committee of the Joint Industry Board of the Electrical Industry
for purposes of prima facie case, ... the issue is not why the has a discriminatory impact, rather the issue is simply whether it had such an impact.
discussed
Cited as authority (rule)
Save Domestic Oil, Inc. v. United States
B Hence, the secondary prong of Venezuela’s motion is the more subjective standard of 28 U.S.C. § 455 (a), supra, to wit, that a judge’s “impartiality might reasonably be questioned.” That standard was considered and discussed at length in Liteky v. United States, 510 U.S. 540 , 114 S.Ct. 1147 , 127 L.Ed.2d 474 (1994), which affirmed the judgment of the Court of Appeals for the Eleventh Circuit, if not its pristine holding that “matters arising out of the course of judicial proceedings are not a proper basis for recusal ”, 973 F.2d 910 (1992), citing its precedents United States v…
discussed
Cited "see"
State v. Martinez
(2×)
Our concern is that the indigent defendant have access to a competent psychiatrist for the purpose we have discussed, and as in the case of the provision of counsel we leave to the States the decision of how to implement this right." While Ake focused on an indigent defendant's right of access to a psychiatric expert, similar reasoning has been applied at the federal circuit court level to require provision of a hypnosis expert; see Little v. Armontrout, 835 F.2d 1240 (8th Cir.1987), cert. denied, 487 U.S. 1210 , 108 S.Ct. 2857 , 101 L.Ed.2d 894 (1988); and a battered spouse syndrome expert; s…
discussed
Cited "see"
Tyson v. Keane
See Little v. Armotrout, 835 F.2d 1240, 1243-44 (8th Cir.1987) (applying Ake’s analysis to determine whether an indigent defendant was entitled to a hypnotic expert), cert. denied, 487 U.S. 1210 , 108 S.Ct. 2857 , 101 L.Ed.2d 894 (1988); Moore v. Kemp, 809 F.2d 702, 709-12 (11th Cir.) (en banc) (applying Ake’s analysis to determine whether an indigent defendant was entitled to a “criminologist or other expert witness”), cert. denied, 481 U.S. 1054 , 107 S.Ct. 2192 , 95 L.Ed.2d 847 (1987); see also Barnard v. Henderson, 514 F.2d 744, 746 (5th Cir.1975) (habeas petition granted because p…
discussed
Cited "see"
Rosenberg v. Merrill Lynch, Pierce, Fenner & Smith, Inc.
See United States v. Alabama, 828 F.2d 1532, 1543-46 (11th Cir.1987) (holding recusal mandatory under § 455(b)(1) where trial judge who had served as a state senator and private lawyer had actively participated in the very events and shaped the very facts that were in issue in the suit or involved himself in the disputed evidentiary facts of the case), cert. denied, 487 U.S. 1210 , 108 S.Ct. 2857 , 101 L.Ed.2d 894 (1988). 3 Indeed, courts have not inferred bias or prejudice even where a trial judge had a prior lawyer-client relationship with a particular- party.
discussed
Cited "see"
Joan S. Borawick v. Morrie Shay and Christine Shay
See Little v. Armontrout, 819 F.2d 1425, 1429 (8th Cir.), aff'd, 835 F.2d 1240 (8th Cir.1987) (en banc), cert. denied, 487 U.S. 1210 , 108 S.Ct. 2857 , 101 L.Ed.2d 894 (1988); Harker, 800 F.2d at 439 ; United States v. Valdez, 722 F.2d 1196, 1200 (5th Cir.1984); Scientific Affairs, supra, at 1920.
cited
Cited "see"
Larry Branscomb v. Larry Norris, Director, Arkansas Department of Correction
See Little v. Armontrout, 835 F.2d 1240, 1244 (8th Cir.1987) (en bane), cert. denied, 487 U.S. 1210 , 108 S.Ct. 2857 , 101 L.Ed.2d 894 (1988).
cited
Cited "see"
Gilbert Mendoza v. Walter Leapley, Warden, South Dakota State Penitentiary Mark W. Barnett, Attorney General, State of South Dakota
See id.
discussed
Cited "see"
State v. Twenter
(2×)
See Little v. Armontrout, 835 F.2d 1240 (1987), cert. denied 487 U.S. 1210 , 108 S.Ct. 2857 , 101 L.Ed.2d 894 (1988).
examined
Cited "see"
Paul Kordenbrock v. Gene Scroggy, Warden, Kentucky State Penitentiary
(4×)
also: Cited "see, e.g."
See Little v. Armontrout, 835 F.2d 1240 (8th Cir.1987) (en banc), cert. denied, 487 U.S. 1210 , 108 S.Ct. 2857 , 101 L.Ed.2d 894 (1988); Moore v. Kemp, 809 F.2d 702, 711-12 (11th Cir.) (en banc), cert. denied, 481 U.S. 1054 , 107 S.Ct. 2192 , 95 L.Ed.2d 847 (1987) (Eleventh Circuit "assume[d], for sake of argument, that the due process clause could require the government, both state and federal, to provide nonpsychiatric expert assistance to an indigent defendant upon a sufficient showing of need."). 68 In Little, the Eighth Circuit held that the indigent defendant in that case was entitled to…
discussed
Cited "see"
Parker v. Connors Steel Company
See United States v. Alabama, 828 F.2d 1532, 1540 (11th Cir. (1987) (per curiam), cert. denied sub nom., --- U.S. ----, 108 S.Ct. 2857 , 101 L.Ed.2d 894 (1988); Hall v. Small Business Administration, 695 F.2d 175, 178-79 (5th Cir.1983). 79 We express no opinion on whether any of the above facts standing alone would rise to the level of a Sec. 455(a) violation.
discussed
Cited "see"
Parker v. Connors Steel Co.
See United States v. Alabama, 828 F.2d 1532, 1540 (11th Cir. (1987) (per curiam), cert. denied sub nom., — U.S. -, 108 S.Ct. 2857 , 101 L.Ed.2d 894 (1988); Hall v. Small Business Administration, 695 F.2d 175, 178-79 (5th Cir.1983).
discussed
Cited "see, e.g."
Jacobson v. Anderson
See, e.g., Little v. Armontrout, 835 F.2d 1240, 1243 (8th Cir.1987)(refusal to appoint expert to assist indigent defendant rendered trial fundamentally unfair and required rape conviction to be set aside), cert. denied, 487 U.S. 1210 , 108 S.Ct. 2857 , 101 L.Ed.2d 894 (1988); Mason v. Arizona, 504 F.2d 1345, 1351-52 (9th Cir.1974)(Due Process Clause “requires, when necessary, the allowance of investigative expenses or appointment of investigative assistance for indigent defendants in order to insure effective preparation of their defense by their attorneys” depending “upon the need as re…
discussed
Cited "see, e.g."
Republic of Panama v. American Tobacco Co.
Id. at 835-36 , 93 S.Ct. 7 ; see also United States v. Alabama, 828 F.2d 1532, 1542 (11th Cir.1987) (rejecting, in an action challenging segregation in education, disqualification of a district judge on the basis of his background as a civil rights lawyer representing black plaintiffs and stating “[a] judge is not required to recuse himself merely because he holds and has expressed certain views on a general subject.”), cer t. denied, 487 U.S. 1210 , 108 S.Ct. 2857 , 101 L.Ed.2d 894 (1988); Shaw v. Martin, 733 F.2d 304, 316 (4th Cir.) (“One who has voted as a legislator in favor of a sta…
discussed
Cited "see, e.g."
Husske v. Commonwealth
See, e.g., Little v. Armontrout, 835 F.2d 1240, 1243-44 (8th Cir.1987), cert. denied, 487 U.S. 1210 , 108 S.Ct. 2857 , 101 L.Ed.2d 894 (1988); Moore v. Kemp, 809 F.2d 702, 709-12 (11th Cir.), cert. denied, 481 U.S. 1054 , 107 S.Ct. 2192 , 95 L.Ed.2d 847 (1987); Thornton v. State, 255 Ga. 434 , 339 S.E.2d 240, 241 (1986); Harrison v. State, 644 N.E.2d 1243, 1252-53 (Ind.1995); Kennedy v. State, 578 N.E.2d 633, 639-40 (Ind.1991), cert. denied, 503 U.S. 921 , 112 S.Ct. 1299 , 117 L.Ed.2d 521 (1992); State v. Coker, 412 N.W.2d 589, 592-93 (Iowa 1987); Polk v. State, 612 So.2d 381, 393-94 (Miss.199…
discussed
Cited "see, e.g."
Renteria v. Schellpeper
See e.g., United States v. State of Alabama, 828 F.2d 1532, 1543 (11th Cir.1987) cert. denied 487 U.S. 1210 , 108 S.Ct. 2857 , 101 L.Ed.2d 894 (1988) (prior experience of trial judge in representing black plaintiffs in race discrimination suits was no basis for disqualification in school desegregation case because “[a]ll judges come to the bench with a background of experiences, associations and viewpoints.”); Patterson v. Masem, 774 F.2d 251 , 254 n. 2 (8th Cir.1985) (trial judge was not disqualified when his prior law firm participated in similar civil rights case in which certain partie…
discussed
Cited "see, e.g."
United States v. Young
Compare United States v. State of Alabama, 828 F.2d 1532, 1544-46 (11th Cir.1987) (“During his tenure in the state legislature, the trial judge actively participated in the very events and shaped the very facts that are at issue in this suit ... [t]o permit [a judge] to decide a case in which he had extra-judicial, personal knowledge of disputed facts would be contrary to the express language and underlying spirit of the statute, as well as the case law.”), cert. denied, 487 U.S. 1210 , 108 S.Ct. 2857 , 101 L.Ed.2d 894 (1988); Parker v. Connors Steel Co., 855 F.2d 1510, 1523-24 (11th Cir.1…
discussed
Cited "see, e.g."
United States v. Norman L. Young, Clyde Edward Young, Jr., A/K/A Peanuts, Clyde E. Young, Sr., A/K/A Red, Lucious Levon Banks, A/K/A Junior Banks, David Young, United States of America v. Patricia Young
Compare United States v. State of Alabama, 828 F.2d 1532, 1544-46 (11th Cir.1987) ("During his tenure in the state legislature, the trial judge actively participated in the very events and shaped the very facts that are at issue in this suit ... [t]o permit [a judge] to decide a case in which he had extra-judicial, personal knowledge of disputed facts would be contrary to the express language and underlying spirit of the statute, as well as the case law."), cert. denied, 487 U.S. 1210 , 108 S.Ct. 2857 , 101 L.Ed.2d 894 (1988); Parker v. Connors Steel Co., 855 F.2d 1510, 1523-24 (11th Cir.1988)…
discussed
Cited "see, e.g."
El Fenix De Puerto Rico v. the M/Y Johanny
(2×)
No permissible reading of subsection 455(a) would suggest that Congress intended to allow a litigant to compel disqualification simply on unfounded innuendo concerning the possible partiality of the presiding judge. 4 Indeed, “[a] trial judge must hear cases unless some reasonable factual basis to doubt the impartiality of the tribunal is shown by some kind of probative evidence.” Blizard v. Frechette, 601 F.2d 1217, 1221 (1st Cir.1979) (emphasis added); see also United States v. Alabama, 828 F.2d 1532, 1541 (11th Cir.1987) (noting that following enactment of current version of § 455 in 1…
discussed
Cited "see, e.g."
Engberg v. Meyer
(2×)
See also Little v. Armontrout, 835 F.2d 1240 (8th Cir.1987), cert. denied 487 U.S. 1210 , 108 S.Ct. 2857 , 101 L.Ed.2d 894 (1988).
Retrieving the full opinion text from the archive…
Board of Trustees of Alabama State University
v.
Auburn University
v.
Auburn University
No. 87-1200.
Supreme Court of the United States.
Jun 20, 1988.
Cited by 9 opinions | Published
Citer courts: Second Circuit (1)
C. A. 11th Cir. Motion of respondent Auburn University to strike reply brief denied. Certiorari denied.