John Joseph Hickey

U.S. Court of Appeals for the Tenth Circuit circuit Deceased · served 1966–1970 Appointed by Lyndon B. Johnson (Democratic) 36 signed orders read

Judge Hickey no longer hears cases. This profile is preserved as a historical record of how they ruled.

How Judge Hickey decides

Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.

Procedural preferences

Repeatedly declines to consider trial-court objections and instruction challenges not raised in compliance with Rule 51, and will not review claims raised for the first time on appeal.

“The objections to, and offers of, instructions are not considered in depth because Rule 51, Fed.R.Civ.P. has not been complied with.”

Cautions

Enforces the exhaustion-of-state-remedies requirement, affirming denial of federal habeas relief where state appellate review remains available.

“Therefore, we cannot say the trial court was wrong in concluding all appellee's state remedies have not been exhausted.”

Signed rulings

A grounded sample of orders signed by this judge, with the verbatim dispositive language.

Brent Kurt Duennebeil v. John W. Turner, Warden, Utah State Prison
· 1970-04-28
Appeal (appellant-warden) Granted

“The judgment is reversed and the appellee Duennebeil is remanded to the custody of the warden in whose charge he was when released. The mandate shall issue forthwith.”

Charles Cobia and Evelyn Cobia v. The United States of America
· 1967-10-30
Appeal (plaintiff-appellant) Denied

“Affirmed.”

Jackson v. Nelson
· 1967-09-20
Appeal (plaintiff-appellant) Denied

“Affirmed.”

William Frank Parks v. United States
· 1968-01-17
Appeal (defendant-appellant) Denied

“Affirmed.”

William Andrew Ward v. United States
· 1968-09-09
Appeal (defendant-appellant) Denied

“Affirmed.”

Fireman's Fund Insurance Company v. Underwriters Insurance Company
· 1968-03-04
Appeal (defendant-appellant) Denied

“Affirmed.”

J. W. Cooper Construction Company, Inc. v. Public Housing Administration
· 1968-03-27
Appeal (defendant-appellant) Denied

“Affirmed.”

United States v. Stanley Baltrunas
· 1969-10-10
Appeal (defendant-appellant) Granted

“Reversed and remanded.”

United States Fidelity & Guaranty Co. v. United States ex rel. Contractor's Electric Supply, Inc.
· 1968-03-05
Appeal (defendant-appellant) Denied

“Affirmed.”

Harold Christiansen v. Mechanical Contractors Bid Depository
· 1968-12-11
Appeal (plaintiff-appellant) Denied

“Affirmed.”

United States v. C & R Investments, Inc.
· 1968-12-05
Appeal (appellant-United-States) Granted

“Because this issue was not considered below, the judgment is set aside, and this cause is remanded for disposition in accordance with this opinion.”

Borrett-Moore & Associates v. United States ex rel. Harwell
· 1966-09-20
Appeal (defendant-appellant) Denied

“Affirmed.”

A historical record

Judge Hickey 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.