John Hazelton Cotteral
Judge Cotteral no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Cotteral decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
Procedural preferences
Enforces the requirement that evidentiary challenges be preserved by a proper bill of exceptions and by a motion or request for a declaration of law; unpreserved sufficiency questions are declined.
“We therefore decline to consider the alleged errors with regard to the evidence.”
In equity appeals, which are heard de novo, will consider a plain error to avoid injustice even if it was not assigned.
“An appeal in an equity suit brings the case up do novo and in order to avoid injustice a plain error, even though not assigned, should be considered.”
Cautions
Will reverse a criminal conviction where the trial court delivers a one-sided comment on the evidence amounting to an argument for conviction in a case resting on circumstantial evidence.
“We are of the opinion that the charge in this case falls within the foregoing criticism, and was not cured by the later advice to the jury.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“For these reasons, the judgment of the District Court is affirmed.”
“We regard the decision of the District Court as right in all respeets, and it is accordingly affirmed.”
“We are of the opinion that the deeree of the District Court must be, and it is accordingly, affirmed.”
“The judgment of conviction on count 4 is affirmed. The judgments of conviction on counts 1 and 5 are reversed, and the cause is remanded to the District Court with direction to grant the appellant a new trial on those two counts.”
A historical record
Judge Cotteral 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.