Harrison Lee Winter

U.S. Court of Appeals for the Fourth Circuit circuit Deceased · served 1966–1990 Appointed by Lyndon B. Johnson (Democratic) 25 signed orders read

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

How Judge Winter decides

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

What persuades

Requires disability adjudicators to assess the cumulative impact of multiple conditions rather than treating each ailment in isolation.

“The numerous medical reports, simply listed seriatim in the opinion, deal with each of her ailments in isolation, but never attempt to gauge the cumulative impact of her various conditions.”

Rejects vocational testimony when the assumptions supplied to the expert do not match the evidentiary record.

“The affirmative answer to such a hypothetical question does not constitute substantial evidence to support the finding that claimant can perform work other than his customary employment, because the hypothesis fails to fit the facts.”

Procedural preferences

Leaves competing reasonable inferences for a jury rather than resolving them on summary judgment.

“It, of course, may be some evidence of malice, but that issue is one of fact for the jury.”

Treats the character of an agency decision as controlling appellate jurisdiction over prosecutorial choices.

“It is the character of the decision which is critical.”

Cautions

Applies agreed contract terms under governing state law even when the resulting fee appears high.

“We are bound by the law of Maryland and therefore we have no basis on which to dishonor the terms agreed to by the parties”

Signed rulings

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

Graham v. Riddle
· 1977-04-21
Appeal (prisoner-appellant) Denied

“AFFIRMED.”

Arcadian Shores, Inc. v. National Labor Relations Board
· 1978-07-10
Petition for review (hotel-petitioner) Denied

“ENFORCEMENT GRANTED.”

United States v. Vaughan
· 1979-05-21
Appeal (criminal-defendant-appellant) Granted

“VACATED AND REMANDED.”

Swaim v. Califano
· 1979-05-29
Appeal (benefits-claimant-appellant) Granted

“REVERSED AND REMANDED.”

Price v. United States
· 1979-05-30
Appeal (appellant) Granted

“REVERSED.”

Belle View Apartments v. Realty Refund Trust
· 1979-08-03
Appeal (defendant-appellant) Granted

“VACATED AND REMANDED.”

Equal Employment Opportunity Commission v. Joseph Horne Co.
· 1979-10-10
Appeal (appellants) Denied

“AFFIRMED.”

Marshall v. Rose
· 1980-02-26
Appeal (Secretary-appellant) Granted

“REVERSED AND REMANDED.”

United States v. Hare
· 1980-04-16
Appeal (United-States-appellant) Denied

“Affirmed.”

George Banta Co. v. National Labor Relations Board
· 1980-07-24
Petition for review (company-petitioner) Moot / procedural

“DISMISSED.”

Linnell v. Sloan
· 1980-12-04
Appeal (plaintiffs-appellants) Granted

“REVERSED AND REMANDED.”

Walker v. Harris
· 1981-02-23
Appeal (benefits-claimant-appellant) Granted

“REVERSED AND REMANDED.”

A historical record

Judge Winter 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.