Hiram Emory Widener Jr.
Judge Widener no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Widener decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Gives added weight to trial-level credibility findings when the judge personally observed the witness testify.
“The judge saw the witness and heard him testify. That adds considerable force to the fact finding of the district court in this case.”
Treats appearance for sentencing as an implicit obligation in a plea agreement that conditions a government departure motion on cooperation.
“implicit in every such plea agreement is the defendant’s obligation to appear for sentencing at the time appointed by the district court.”
Procedural preferences
Prefers resolution of potentially dispositive state-law questions before reaching constitutional preemption.
“courts should avoid deciding constitutional questions unless they are essential to the disposition of a case.”
Frames nonsignatory arbitration disputes around whether equitable estoppel permits the outsider to claim the agreement's benefit.
“The principal issue in this appeal is whether equitable estoppel allows Republic Mortgage to claim the benefit of the arbitration agreement between the plaintiffs and SouthStar.”
Cautions
Does not apply lenity when the criminal statute's operative language is unambiguous.
“the statute is not ambiguous, so the rule of lenity does not apply.”
Distinguishes crimes risking physical injury from crimes that intrinsically risk force being used to accomplish the offense.
“a substantial risk that force will be employed as a means to an end in the commission of the crime”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The judgment of the district court is accordingly AFFIRMED.”
“The judgment of the district court is accordingly AFFIRMED.”
“The judgment of the district court is accordingly AFFIRMED.”
“Accordingly, the judgment of the district court is AFFIRMED.”
“The judgment of the district court is accordingly AFFIRMED.”
“The judgment of the district court is accordingly AFFIRMED.”
“The sentence imposed by the district court is accordingly AFFIRMED.”
“The order of the district court appealed from is accordingly AFFIRMED.”
A historical record
Judge Widener 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.