bias or partiality challenge (Tennessee) · Go Syfert
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bias or partiality challenge in Tennessee

5 Tennessee opinions name it 1 courts 2014–2025 1 in the last five years

The cases below were cited by Tennessee courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (5)

CaseFollowedCited
United States v. William Stiversgreen
ca6 · 2013 · cited in 5 Tennessee opinions naming this issue, 2014–2025
2 sentences

2025P. 11, the Court w[ould] entertain properly pled motions for sanctions and consider any and all available sanctions.” But such remarks by a judge “during the course of a trial that are critical or disapproving of, or even hostile to, counsel, the parties, or their cases, ordinarily do not support a bias or partiality challenge.” McKenzie, 2014 WL 575908 , at *4 (quoting United States v. Adams, 722 F.3d 788, 837 (6th Cir. 2013)).

2019I assume you can read.” “[J]udicial remarks during the course of a trial that are critical or disapproving of, or even hostile to, counsel, the parties, or their cases, ordinarily do not support a bias or partiality challenge.” McKenzie v. McKenzie, No. M2014-00010-COA-T10B-CV, 2014 WL 575908 , at *4 (Tenn. Ct. App. Feb. 11, 2014) (quoting United States v. Adams, 722 F.3d 788, 837 (6th Cir. 2013)(internal citations omitted)); Albuquerque Bernalillo Cnty.

45
Albuquerque Bernalillo County Water Utility Authority v. New Mexico Public Regulation Commissiongreen
nm · 2010 · cited in 2 Tennessee opinions naming this issue, 2014–2019
2 sentences

2019Water Utility Authority, 229 P.3d 494, 511 (N.M 2010).

2014Water Utility Authority, 229 P.3d at 511 .

12
Kathryn A. Duke v. Harold W. Duke, IIIgreen
tennctapp · 2012 · cited in 1 Tennessee opinions naming this issue, 2018–2018
1 sentence

2018Id. (citing Duke v. Duke, 398 S.W.3d 665, 671 (Tenn. Ct. App. 2012)). “[J]udicial remarks during the course of a trial that are critical or disapproving of, or even hostile to, counsel, the parties, or their cases, ordinarily do not support a bias or partiality challenge.” United States v. Adams, 722 F. 3d 788, 836 (6th Cir. 2013).

11
Tonya Rhodes v. Craig McDannelgreen
ca6 · 1991 · cited in 1 Tennessee opinions naming this issue, 2017–2017
1 sentence

2017Indeed, “[a] judge’s irritation or exasperation . . ., criticism . . . for perceived delays or failures to follow rules, friction occurring during litigation, or even sanctions and contempt charges do not establish the objective personal bias that would prevent a fair assessment of the merits of the case.” Id. at *5 (citing Rhodes v. McDannel, 945 F.2d 117, 120 (6th Cir.1991); People v. Smith, 410 N.E.2d 973 , 978–79 (Ill.

11
Liteky v. United Statesgreen
scotus · 1994 · cited in 1 Tennessee opinions naming this issue, 2014–2014
1 sentence

2014Consequently, “judicial remarks during the course of a trial that are critical or disapproving of, or even hostile to, counsel, the parties, or their cases, ordinarily do not support a bias or partiality challenge.” United States v. Adams, 722 F.3d at 837 (quoting Liteky v. United States, 510 U.S. 540, 555 (1994)); Albuquerque Bernalillo Cnty.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Tennessee. Read the followed side critically anyway.

Also cited on this issue (1)

CaseCitedYears
People v. Smith green
illappct · 1980
1 sentence

2017Indeed, “[a] judge’s irritation or exasperation . . ., criticism . . . for perceived delays or failures to follow rules, friction occurring during litigation, or even sanctions and contempt charges do not establish the objective personal bias that would prevent a fair assessment of the merits of the case.” Id. at *5 (citing Rhodes v. McDannel, 945 F.2d 117, 120 (6th Cir.1991); People v. Smith, 410 N.E.2d 973 , 978–79 (Ill.

12017–2017

Where else courts name it

TX 156 (1998–2026) IL 34 (1994–2026) OH 32 (2008–2026) CO 11 (2015–2026) ID 9 (2013–2024) PA 7 (2008–2024) AZ 6 (2013–2024) CT 6 (2018–2025) CA 6 (2020–2025) IN 5 (1994–2024) TN 5 (2014–2025) NH 5 (2002–2024) VA 4 (2010–2024) SD 4 (2004–2016) MI 4 (1997–2024) UT 3 (2001–2020) NM 3 (1999–2010) KY 3 (2017–2025) NY 2 (2025–2025)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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