Jean Sala Breitenstein
Judge Breitenstein no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Breitenstein decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Breitenstein required an evidentiary hearing when a post-conviction motion raised mental incompetence at the time of a guilty plea.
“when one of the grounds asserted for relief under a § 2255 motion is mental incompetence at the time of a guilty plea, the matter may not be disposed of without a hearing.”
He treated compliance with extradition safeguards as an individual right capable of supporting a civil-rights claim.
“A complaint which charges abuse of the extradition power by noncompliance with applicable law states a claim under 42 U.S.C. § 1983 and may not be dismissed summarily as frivolous.”
Procedural preferences
Breitenstein regarded summary judgment as improper when resolution depended on witness credibility.
“Summary judgment is not proper when an issue turns on credibility.”
He applied the rule that a substantive indictment change required resubmission to the grand jury.
“an indictment may not be amended except by resubmission to the grand jury, unless the change is merely a matter of form.”
Cautions
Breitenstein treated an improper volunteered statement linking a defendant to another person's race and narcotics activity as requiring immediate corrective action.
“The volunteered statement which associated her with a member of that race who was a narcotic violator was improper and called for prompt and firm action by the trial court.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The judgment is reversed and the case is remanded for further proceedings in accordance with this opinion.”
“Reversed and remanded with directions to grant appellant a hearing.”
“The judgment is reversed and the case remanded for a new trial.”
Caseload & timing
From public federal docket records for this judge.
Not applicable to this circuit-court record.
A historical record
Judge Breitenstein no longer hears cases. This profile stays available as a record of how they ruled. If you're preparing for a matter, start from the court's current bench.