John Hazelton Cotteral
How Judge Cotteral rules, drawn from 31 signed orders. Every observation links to the order it came from.
Judge Cotteral no longer hears cases. This profile is preserved as a historical record of how they ruled here.
About Judge Cotteral
John Hazelton Cotteral was a judge of the United States Court of Appeals for the Tenth Circuit. Appointed by President Calvin Coolidge, Judge Cotteral was commissioned to the United States Court of Appeals for the Eighth Circuit on May 23, 1928 and reassigned to this court on March 28, 1929. Judge Cotteral previously served on the United States District Court for the Western District of Oklahoma, commissioned there on January 13, 1908. Judge Cotteral served until death on April 22, 1933.
How Judge Cotteral decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
Procedural preferences
In Winslett v. United States, Cotteral declined to consider alleged evidentiary errors that had not been properly preserved in the record.
“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
In Leslie v. United States, Cotteral reversed a liquor-possession conviction because the trial court’s one-sided comment on circumstantial evidence was not cured by its later advice to the jury.
“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 here. If you're preparing for a matter, start from the court's current bench.