Treatment trajectory · 1976 → 2026 · click a year to view as-of
1976
2001
2026
Top citers, strongest first. 47 distinct citers.
How cited ↗
cited
Cited "but see"
United States v. Andrew Duggan, Eamon Meehan, Gabriel Megahey, and Colm Meehan, Defendants
But see Zweibon v. Mitchell, 516 F.2d 594, 633-51 (D.C.Cir.1975) (dictum), cert. denied, 425 U.S. 944 , 96 S.Ct. 1685 , 48 L.Ed.2d 187 (1976).
examined
Cited "but see"
Daniel Ellsberg, v John N. Mitchell
(3×)
also: Cited "see, e.g."
But see Zweibon v. Mitchell, 516 F.2d 594, 615-27 (D.C.Cir.1975) (en banc) (dictum) (plurality opinion), cert. denied, 425 U.S. 944 , 96 S.Ct. 1685 , 48 L.Ed.2d 187 (1976).
discussed
Cited "see"
Murray v. Sevier
See United States v. State of Alabama, 828 F.2d 1532, 1541 (11th Cir.1987) (“[i]t appears to be an inescapable part of our system of government that judges are drawn primarily from lawyers who have participated in public and *1466 political affairs.”)- In Parrish v. Board of Commissioners, the Fifth Circuit held that a judge who was a former member of an association whose by-laws precluded black individuals from membership was an inadequate ground for the judge to disqualify himself from trying a civil rights action. 524 F.2d 98 , 101 (5th Cir.1975), cert. denied, 425 U.S. 944 , 96 S.Ct. 1…
cited
Cited "see"
Lindsey Ex Rel. Lindsey v. City of Beaufort
See Parrish v. Board of Comm’rs, 524 F.2d 98 (5th Cir.1975), cert. denied, 425 U.S. 944 , 96 S.Ct. 1685 , 48 L.Ed.2d 188 (1976).
cited
Cited "see"
United States v. Hamilton
See Davis v. Board of School Commissioners, 517 F.2d 1044 (5th Cir.1975), cert. denied, 425 U.S. 944 , 96 S.Ct. 1685 , 48 L.Ed.2d 188 (1976).
discussed
Cited "see"
McFarland v. Folsom
See Parrish v. Board of Comm’rs of Ala. State Bar, 524 F.2d 98, 104 (5th Cir.1975) (en banc) (recognizing that the board of commissioners “is a judicial organ of the state”), cert. denied, 425 U.S. 944 , 96 S.Ct. 1685 , 48 L.Ed.2d 188 (1976); Sullivan v. Alabama State Bar, 295 F.Supp. 1216 (M.D.Ala.), aff'd, 394 U.S. 812 , 89 S.Ct. 1486 , 22 L.Ed.2d 749 (1969) (finding that the powers of the Alabama state bar and board of commissioners are in aid of the Alabama Supreme Court and os such are more judicial than legislative in nature). 13 .
discussed
Cited "see"
Jackson v. Fort Stanton Hospital & Training School
See Letter to counsel, August 8, 1990. 11 .The Tenth Circuit has recognized an exception to the requirement of extra-judicial conduct, when "... 'such pervasive bias and prejudice is shown by otherwise judicial conduct as would constitute bias against a party.’ ” United States v. Page, 828 F.2d at 1481 (quoting Davis v. Board of School Commissioners of Mobile County, 517 F.2d 1044, 1051 (5th Cir.1975), cert. denied, 425 U.S. 944 , 96 S.Ct. 1685 , 48 L.Ed.2d 188 (1976)).
discussed
Cited "see"
United States v. Andonian
See Zweibon v. Mitchell, 516 F.2d 594 (D.C.Cir.1975) (en banc) cert. denied, 425 U.S. 944 , 96 S.Ct. 1685 , 48 L.Ed.2d 187 (1976) (questioning the “foreign affairs” exception); United States v. Butenko, 494 F.2d 593 (3d Cir.1974) (en banc) cert. denied sub nom.
discussed
Cited "see"
Lieb v. Tillman (In Re Lieb)
(2×)
Panzardi-Alvariz v. United States, 879 F.2d 975, 984 (1st Cir.1989) (“[a] court’s disagreement — even one strongly stated— with counsel over the propriety of trial tactics does not reflect an attitude of personal bias against the client ”) (quoting In re Cooper, 821 F.2d 833, 841 (1st Cir.1987)) (emphasis in original); see Davis v. Board of School Comm’rs, 517 F.2d 1044 , 1050-1052 (5th Cir.1975), cert. denied, 425 U.S. *835 944, 96 S.Ct. 1685 , 48 L.Ed.2d 188 (1976) (controversy between lawyer and judge over the propriety of the lawyer’s use of a class action device did not sugg…
discussed
Cited "see"
Arocena v. United States
See Wiley v. Wainwright, 793 F.2d 1190, 1193 (11th Cir.1986) (citing Davis v. Board of School Commissioners of Mobile County, 517 F.2d 1044, 1051 (5th Cir.1975), cert. denied, 425 U.S. 944 , 96 S.Ct. 1685 , 48 L.Ed.2d 188 (1976)); Quachita National Bank v. TOSCO Corp., 686 F.2d 1291, 1300 (8th Cir.1982) aff'd in part on rehearing en banc, 716 F.2d 485 (1983); Whitehurst v. Wright, 592 F.2d 834, 838 (5th Cir.1979). 5 The Court, in keeping with the spirit of section 455(a), and out of its own belief in the seriousness of a charge of partiality, has endeavored to examine the substance of the disq…
cited
Cited "see"
Oliver Carlson Giles v. Thomas Garwood, Charles Weston, Assistant District Attorney and C. Cloud Morgan, Judge
See Davis v. Board of School Commissioners, 517 F.2d 1044, 1052 (5th Cir.1975), cert. denied, 425 U.S. 944 , 96 S.Ct. 1685 , 48 L.Ed.2d 188 (1976).
cited
Cited "see"
In re Possible Recusal of Acker
See Davis v. Board of School Commissioners, 517 F.2d 1044, 1052 (5th Cir.1975), cert. denied, 425 U.S. 944 , 96 S.Ct. 1685 , 48 L.Ed.2d 188 (1976).
cited
Cited "see"
Feliciano v. City of Cleveland
See Zweibon v. Mitchell, 516 F.2d 594 , 633 n. 94 (D.C.Cir.1975), cert. denied, 425 U.S. 944 , 96 S.Ct. 1685 , 48 L.Ed.2d 187 (1976).
discussed
Cited "see"
In Re Jonathan Cooper and Steven Lynn
See Davis v. Board of School Commissioners of Mobile County, 517 F.2d 1044, 1050-1052 (5th Cir.1975), cert. denied, 425 U.S. 944 , 96 S.Ct. 1685 , 48 L.Ed.2d 188 (1976) (controversy between lawyer and judge over the propriety of the lawyer’s use of a class action device did not suggest bias against the client).
discussed
Cited "see"
Foster v. Board of School Commissioners of Mobile County
See Davis v. Board of School Commissioners of Mobile County, 517 F.2d 1044 , 1046 n. 1 (5th Cir.1975), cert. denied, 425 U.S. 944 , 96 S.Ct. 1685 , 48 L.Ed.2d 188 (1976) for the many citations to this perennial litigation. .
cited
Cited "see"
United States v. Stacey Lynn Merkt and John B. Elder
See Parrish v. Bd. of Comm’rs, 524 F.2d 98 , 100 (5th Cir.1975) (en banc ), cert. denied, 425 U.S. 944 , 96 S.Ct. 1685 , 48 L.Ed.2d 188 (1976).
cited
Cited "see"
Pamela Lea Maier v. Verne Orr, Secretary of the Air Force
See Parrish v. Board of Commissioners of Alabama State Bar, 524 F.2d 98 (5th Cir.1975), cert. denied, 425 U.S. 944 , 96 S.Ct. 1685 , 48 L.Ed.2d 188 (1976).
discussed
Cited "see"
United States v. Jo Ann Harrelson, Charles Voyed Harrelson and Elizabeth Nichols Chagra
Phillips v. Joint Legislative Committee, 637 F.2d 1014 , 1021 (5th Cir.1981), ce rt. denied, 456 U.S. 960 , 102 S.Ct. 2035 , 72 L.Ed.2d 483 (1982); accord Davis v. Board of School Commissioners, 517 F.2d 1044, 1052 (5th Cir.1975), cert. denied, 425 U.S. 944 , 96 S.Ct. 1685 , 48 L.Ed.2d 188 (1976).
cited
Cited "see"
Gardiner v. A.H. Robins Co.
See Davis v. Board of School Commissioners, 517 F.2d 1044, 1051 (5th Cir.1975), ce rt. denied, 425 U.S. 944 , 96 S.Ct. 1685 , 48 L.Ed.2d 188 (1976).
cited
Cited "see"
Karen Gardiner and Bruce Gardiner v. A.H. Robins Company, Inc., F. Anderson Company. Deborah and Morris Michalik v. A.H. Robins Company, Inc., a Virginia Corporation, C.F. Anderson Company, Inc., a Minnesota Corporation
See Davis v. Board of School Commissioners, 517 F.2d 1044, 1051 (5th Cir.1975), cert. denied, 425 U.S. 944 , 96 S.Ct. 1685 , 48 L.Ed.2d 188 (1976).
discussed
Cited "see"
United States v. Cerrella
Accord, Davis v. Board of School Commissioners, 517 F.2d 1044, 1051 (5th Cir. 1975), cert. denied, 425 U.S. 944 , 96 S.Ct. 1685 , 48 L.Ed.2d 188 (1976): Section 455 is “self-enforcing on the part of the judge.” The test as to the level and kind of bias “is the same under both [sections 144 and 455],” in that the judges of the Fifth Circuit “give §§ 144 and 455 the same meaning legally for these purposes, whether for purposes of bias and prejudice or when the impartiality of the judge might reasonably be questioned.” The bias must be both personal and extrajudicial under either st…
discussed
Cited "see"
Gloria Delesdernier, Wife of Clay N. Gerald v. Louis B. Porterie
The new § 455 also adopted some of the language from § 144, and this circuit has held that “substantively the two statutes are quite similar, if not identical.” Phillips v. Joint Legislative Committee, 637 F.2d 1014 , 1019 & n.6 (5th Cir. 1981); see Davis v. Board of School Commissioners of Mobile County, 517 F.2d 1044 (5th Cir. 1975), cert. denied, 425 U.S. 944 , 96 S.Ct. 1685 , 48 L.Ed.2d 188 (1976) (Section 144 and new section 455 are to be construed in pari materia and same substantive test of bias would be applied.).
cited
Cited "see"
State of Idaho v. Freeman
See Parrish v. Board of Comm’rs of Alabama State Bar, 524 F.2d 98, 103 (5th Cir. 1975) (en banc), cert. denied, 425 U.S. 944 , 96 S.Ct. 1685 , 48 L.Ed.2d 188 (1976).
cited
Cited "see"
Christy v. Hammel
See Davis v. Board of School Commissioners of Mobile County, 517 F.2d 1044, 1049 (5th Cir. 1975), cert, denied, 425 U.S. 944 , 96 S.Ct. 1685 , 48 L.Ed.2d 188 (1976).
discussed
Cited "see"
Matter of Evans
Accord, Parrish v. Board of Commissioners of Alabama State Bar, 524 F.2d 98 , 100 (5th Cir.), cert. denied, 425 U.S. 944, 96 S.Ct. 1685 , 48 L.Ed.2d 188 (1975); United States v. Thompson, 483 F.2d 527 (3d Cir. 1973).
discussed
Cited "see"
Sportmart, Inc. v. Wolverine World Wide, Inc.
See Davis v. Board of School Commissioners, 517 F.2d 1044, 1052 (5th Cir. 1975), cert. denied, 425 U.S. 944 , 96 S.Ct. 1685 , 48 L.Ed.2d 188 (1976); Gilbert v. Johnson, 490 F.2d 827, 829 (5th Cir. 1974); Stringfellow v. Haines, 309 F.2d 910, 911 (2d Cir. 1962).
cited
Cited "see"
Lee v. Pike County Board of Education
See Davis v. Board of School Commissioners of Mobile County, 517 F.2d 1044, 1049 (5th Cir. 1975) cert. denied, 425 U.S. 944 , 96 S.Ct. 1685 , 48 L.Ed.2d 188 (1976).
discussed
Cited "see"
Lee v. Pike County Board of Education
See Davis v. Board of School Commissioners of Mobile County, 517 F.2d 1044, 1049 (5th Cir. 1975) Cert. denied, 425 U.S. 944 , 96 S.Ct. 1685 , 48 L.Ed.2d 188 (1976). 6 Jones contends that the district court's finding that racial considerations were not a factor in the Board's establishment of his salary is not supported by the record.
discussed
Cited "see"
Paschall v. Mayone
It is well settled that “the facts pleaded [in such an affidavit] will not suffice to show the personal bias required by the statute if they go to the background and associations of the judge rather than to his appraisal of a party personally.” Pennsylvania v. Local Union 542, International Union Operating of Engineers, 388 F.Supp. 155, 159 (E.D.Pa.1974) (Higgenbotham, J.), aff’d, 478 F.2d 1398 (3d Cir. 1974), cert. denied, 421 U.S. 999 , 95 S.Ct. 2395 , 44 L.Ed.2d 665 (1975); accord, Parrish v. Board of Commissioners of Alabama State Bar, 524 F.2d 98, 101 (5th Cir. 1975) (en banc), cert…
discussed
Cited "see"
Baker v. City of Detroit
See Parrish v. Board of Commissioners of Ala *377 bama State Bar, 524 F.2d 98 (5th Cir. 1975), cert. denied, 425 U.S. 944 , 96 S.Ct. 1685 , 48 L.Ed.2d 188 (1977); United States v. Baker, 441 F.Supp. 612 (M.D.Tenn.1977).
discussed
Cited "see"
Fed. Sec. L. Rep. P 96,096 David Becker and Margaret B. Ledder v. Schenley Industries, Inc., Glen Alden Corporation and Rapid-American Corporation
See Davis v. Board of School Commissioners, 517 F.2d 1044 (5th Cir. 1975), cert. denied, 425 U.S. 944 , 96 S.Ct. 1685 , 48 L.Ed.2d 188 (1976); Kamm v. California City Development Co., 509 F.2d 205 (9th Cir. 1975).
discussed
Cited "see"
United States v. Louis E. Wolfson and Elkin B. Gerbert, Louis E. Wolfson
(2×)
And the cases construing both these sections have consistently held that for an alleged bias to be “personal,” it “must stem from an extrajudicial source . . . .” United States v. Grinnell Corp., 384 U.S. 563, 583 , 86 S.Ct. 1698, 1710 , 16 L.Ed.2d 778 (1966) (interpreting § 144); accord with respect to § 455, Davis v. Board of School Commissioners of Mobile County, 517 F.2d 1044, 1051-52 (5th Cir. 1975), cert. denied, 425 U.S. 944 , 96 S.Ct. 1685 , 48 L.Ed.2d 188 (1976); Lazofsky v. Sommerset Bus Co., 389 F.Supp. 1041, 1044-45 (E.D.N.Y.1975).
cited
Cited "see"
United States v. Bernard L. Barker, United States of America v. Eugenio R. Martinez
See Zweibon v. Mitchell, 170 U.S.App.D.C. 1, 96 , 516 F.2d 594, 689 (1975) (en banc) (Wilkey, J., dissenting), cert. denied, 425 U.S. 944 , 96 S.Ct. 1685 , 48 L.Ed.2d 187 (1976). .
discussed
Cited "see, e.g."
United States v. Hughes
“That section is 14 directed to the judge, rather than the parties, and is self-enforcing on the part of the judge.” See 15 United States v. Sibla, 624 F.2d 864, 868 (9th Cir. 1980); see also Davis v. Board of School 16 Commissioners, 517 F.2d 1044, 1051 (5th Cir. 1975), cert. denied, 425 U.S. 944 , 96 S.Ct. 1685 , 17 48 L.Ed.2d 188 (1976).
discussed
Cited "see, e.g."
Ann's Trading Co. v. United States
Moreover, the alleged bias must either “stem from an extrajudicial source and result in an opinion on the merits on some basis other than what the judge learned from his participation in the case,” 6 United States v. Grinnell Corp., 384 U.S. 563, 583 , 86 S.Ct. 1698 , 16 L.Ed.2d 778 (1966) or reveal such a “high degree of favoritism or antagonism as to make fair judgment impossible.” 7 Liteky, 510 U.S. at 555 , 114 S.Ct. 1147 (illustrating situation in case where judge made statement that German-Americans’ hearts reek with disloyalty); see also Davis v. Board of School Commissioners,…
discussed
Cited "see, e.g."
Sexson v. Servaas
See, e.g., Baker v. Detroit, 458 F.Supp. 374, 375 (E.D.Mich.1978) (judge's friendship with may- or, who was nominal party to lawsuit, did not require recusal); see also Parrish v. Bd. of Comm’rs of the Alabama State Bar, 524 F.2d 98, 104 (5th Cir.1975) (the fact that judge was acquainted with witnesses and defense counsel did not require recusal), cert. denied, 425 U.S. 944 [ 96 S.Ct. 1685 , 48 L.Ed.2d 188 ] (1976); Hunt v. Mobil Oil Corp., 557 F.Supp. 368, 377 (S.D.N.Y.1983) (judge's friendship with plaintiffs’ former counsel, who had a falling out with plaintiffs, did not prejudice judge…
discussed
Cited "see, e.g."
Wilson v. Ouelette
United States v. Monaco, 852 F.2d 1143, 1147 (9th Cir.1988), cert. denied, 488 U.S. 1040 , 109 S.Ct. 864 , 102 L.Ed.2d 988 (1989) (in sentencing defendant judge’s expressions of enormity of crime and defendant’s failure to take responsibility not disqualifying); Hamm v. Members of the Board of Regents of the State of Florida, 708 F.2d 647, 651 (11th Cir.1983) (friction with counsel did not constitute pervasive bias); see also Davis v. Board of School Commissioners of Mobile County, 517 F.2d 1044, 1050-52 (5th Cir.1975), cert. denied, 425 U.S. 944 , 96 S.Ct. 1685 , 48 L.Ed.2d 188 (1976); In…
cited
Cited "see, e.g."
Farkas v. Ellis
See, e.g., Davis v. Board of School Commissioners, 517 F.2d 1044, 1052 (5th Cir.1975), cert. denied, 425 U.S. 944 , 96 S.Ct. 1685 , 48 L.Ed.2d 188 (1976). 10 .
cited
Cited "see, e.g."
Lamborn v. Dittmer
See, e.g., Davis v. Board of School Commissioners, 517 F.2d 1044, 1052 (5th Cir.1975), ce rt. denied, 425 U.S. 944 , 96 S.Ct. 1685 , 48 L.Ed.2d 188 (1976). 5 .
discussed
Cited "see, e.g."
Ainsworth v. Combined Insurance Co. of America
See In re Petition to Recall Dunleavy, 104 Nev. ___ , 769 P.2d 1271, 1275 , citing Gilbert v. City of Little Rock, Ark., 722 F.2d 1390, 1398-99 (8th Cir.1983), cert. denied, 466 U.S. 972 , 104 S.Ct. 2347 , 80 L.Ed.2d 820 (1984); see also Davis v. Board of School Com'rs of Mobile County, 517 F.2d 1044, 1050 (5th Cir.1975) (if a party could successfully challenge a judge based upon allegations of bias against party's attorney, it "would bid fair to decimate the bench" and lawyers, once in a controversy with a judge, "would have a license under which the judge would serve at their will"), cert. d…
cited
Cited "see, e.g."
Blackwelder v. Safnauer
See, e.g., Zweibon v. Mitchell, 516 F.2d 594 , 632 n. 94 (D.C.Cir.1975), cert. denied, 425 U.S. 944 , 96 S.Ct. 1685 , 48 L.Ed.2d 187 (1976).
discussed
Cited "see, e.g."
United States v. The State Of Alabama
See also Berger v. United States, 255 U.S. 22 , 41 S.Ct. 230 , 65 L.Ed. 481 (1921) (construing a predecessor statute) 24 Parrish v. Board of Comm'rs of Alabama State Bar, 524 F.2d 98, 100 (5th Cir.1975) (en banc), cert. denied, 425 U.S. 944 , 96 S.Ct. 1685 , 48 L.Ed.2d 188 (1976) (quoting United States v. Thompson, 483 F.2d 527, 528 (3d Cir.1973)) 25 See Selfridge v. Gynecol, Inc., 564 F.Supp. 57, 58 (D.Mass.1983) (quoting 13 C.
cited
Cited "see, e.g."
United States v. Gardner L. Crisp, A/K/A \Crum\"
See, e.g., Davis v. Board of School Commissioners of Mobile County, 517 F.2d 1044, 1050-52 (5th Cir.1975), ce rt. denied, 425 U.S. 944 , 96 S.Ct. 1685 , 48 L.Ed.2d 188 (1976).
discussed
Cited "see, e.g."
Kaempfer v. Brown (In re B & W Management, Inc.)
See Brotherhood of Locomotive Firemen and Enginemen v. Bangor & Aroostook Railroad Co., 380 F.2d 570, 576 (D.C.Cir.), cert. denied, 389 U.S. 970 , 88 S.Ct. 463 , 19 L.Ed.2d 461 (1967); see also Parrish v. Board of Commissioners of Alabama State Bar, 524 F.2d 98, 100 (5th Cir.1975), cert. denied, 425 U.S. 944 , 96 S.Ct. 1685 , 48 L.Ed.2d 188 (1976).
discussed
Cited "see, e.g."
Matter of Rutherford
See, e.g., Davis v. Board of School Com’rs of *788 Mobile County, 517 F.2d 1044 , 1050 (5th Cir.1975), reh. denied, 521 F.2d 814 (5th Cir.1975), cert. denied, 425 U.S. 944 [ 96 S.Ct. 1685 , 48 L.Ed.2d 188 ] (1976).
discussed
Cited "see, e.g."
Spock v. United States
See also Zweibon v. Mitchell, 170 U.S.App.D.C. 1 , 32 n. 80, 516 F.2d 594 , 625 n. 80 (1975), cert. denied, 425 U.S. 944 , 96 S.Ct. 1685 , 48 L.Ed.2d 187 (1976). 11 The Government also relies on Kinoy v. Mitchell, supra, 67 F.R.D. at 9 , as support for the proposition that disclosure of privileged material requires dismissal of the complaint.
discussed
Cited "see, e.g."
Fong v. American Airlines, Inc.
(Emphasis in original.) *1337 Court decisions rendered since the adoption of the 1974 amendment confirm that the charge of lack of impartiality must be “grounded on facts which would create a reasonable doubt concerning the judge’s impartiality, not in the mind of the judge himself or even necessarily in the mind of the litigant filing the motion . . ., but rather in the mind of the reasonable man.” United States v. Cowden, 545 F.2d 257, 265 (C.A. 1, 1976); see, also, Parrish v. Board Com’rs of Alabama, 524 F.2d 98, 103 (C.A. 5, 1975) (en banc), cert. denied, 425 U.S. 944 , 96 S.Ct. 16…
Retrieving the full opinion text from the archive…
Davis
v.
Board of School Commissioners of Mobile County and Parrish v. Board of Commissioners of the Alabama State Bar
v.
Board of School Commissioners of Mobile County and Parrish v. Board of Commissioners of the Alabama State Bar
No. 75-1084.
Supreme Court of the United States.
Apr 19, 1976.
Certiorari.
Cited by 239 opinions | Published
C. A. 5th Cir. Certiorari denied.
Mr. Justice Stewart would grant certiorari.