Beverly Baldwin Martin
How Judge Martin rules, drawn from 27 signed orders. Every observation links to the order it came from.
Judge Martin no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Martin decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
She starts from the presumption that a forum-selection clause will be enforced and requires a strong, factor-specific showing of unfairness or unreasonableness to overcome it.
“[f]orum selection clauses are presumptively valid and enforceable unless the plaintiff makes a ‘strong showing’ that enforcement would be unfair or unreasonable under the circumstances.”
She declines to add a necessity element to a maritime-salvage claim when controlling precedent requires only marine peril, voluntary service, and success.
“Neither The Sabine nor Legnos requires a plaintiff to show that the vessel could not have been rescued without the salvor’s assistance to satisfy the first prong. Rather, all a plaintiff must show to establish the first element is that the ship was under a ‘marine peril.’”
In Social Security cases, she requires a vocational hypothetical to convey the claimant’s actual mental limitations, not merely generic restrictions to simple work and limited public contact.
“Asking the VE to assume that Ms. Samuels could carry out ‘simple work instruction’ and had only ‘occasional interaction’ with the public is not sufficient to communicate Samuels’s limitations from her bipolar disorder.”
Procedural preferences
Before dismissing a legally sufficient habeas petition as apparently untimely, she requires the court to obtain some response from the State.
“When a § 2254 petition states a legally sufficient claim for relief, a district court must order the State to respond, even if the petition appears untimely.”
She will not treat an unpleaded issue as tried by consent when the opposing party lacked fair notice and identifies how it would have defended differently.
“And here, the Does did not give fair notice to the County of their as-applied theory of relief. Beyond this, the County says it would have defended the Ordinance differently had it known that the Does sought this relief.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“For the foregoing reasons, we conclude that Bray's claim is properly cognizable under federal admiralty jurisdiction. Accordingly, we reverse the judgment of the district court dismissing this case, and remand for further proceedings consistent with this opinion. REVERSED and REMANDED.”
“we conclude that the District Court erred in failing to give effect to the clause and grant Oasis's motion to dismiss for improper venue. We reverse and remand with instructions to dismiss this action without prejudice based on improper venue. REVERSED AND REMANDED.”
“For all of these reasons, we vacate Friske's conviction, reverse the District Court's denial of his motion for judgment of acquittal, and remand the case to the District Court to enter a judgment of acquittal. VACATED, REVERSED and REMANDED.”
“For these reasons, the district court did not abuse its discretion in denying Ms. Di Pietro's motion to dismiss the indictment. AFFIRMED.”
“The Georgia dead-docketed indictment does not, by itself, render Mr. Howard 'in custody' for the purposes of 28 U.S.C. 2241. We do not have jurisdiction to consider his claims on habeas review. AFFIRMED.”
“By the plain meaning of the policy's terms, MetLife retained discretion to decide whether the beneficiaries provided sufficient proof of death. Absent procedural or substantive unconscionability, we generally do not intervene when parties agree to terms in arms-length transactions. AFFIRMED.”
“We therefore vacate Defendants' sentences and remand for resentencing. VACATED and REMANDED.”
“189 plus 111 is 300, so his filing was within 2244(d)'s one-year period and further tolled this period. ... REVERSED AND REMANDED.”
“To satisfy the first element of a salvage award claim, the salvor must show 'marine peril,' but need not make the additional showing that the ship 'could not have been rescued without the salvor's assistance.' ... REVERSED AND REMANDED.”
“In order to resolve it, we certify the following question to the Florida Supreme Court: What limitations period, if any, applies to a request for post-judgment discovery brought in federal district court in Florida on a judgment entered by that same federal district court? QUESTION CERTIFIED.”
“With the benefit of the guidance from Florida's highest court, we now know that Mr. Salinas and Ms. Fuentes's motion to compel post-judgment discovery was timely. ... We remand to the District Court for proceedings consistent with this ruling. REVERSED AND REMANDED.”
“We affirm Mr. Rodriguez's convictions because there was sufficient evidence for a reasonable trier of fact to find Mr. Rodriguez guilty beyond a reasonable doubt. However, because the record does not support a finding that his offense involved more than 50 victims, we vacate Mr. Rodriguez's sentence and remand to the District Court for resentencing with a 2-level enhancement under USSG 2B1.1(b)(2)(A) rather than a 4-level enhancement under 2B1.1(b)(2)(B).”
Caseload & timing
From public federal docket records for this judge.
Circuit judges sit on appellate panels rather than carrying an assigned trial caseload. Judge Martin's earlier Northern District of Georgia service is outside this appellate profile.
A historical record
Judge Martin 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.