John Carter Rose
Judge Rose no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Rose decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Treats a marine survey as a necessary initial repair expense when prudent owners would obtain it before undertaking repairs.
“Most prudent masters and owners would regard such a survey as a necessary initial outlay for the repair of their ship.”
Defers to credibility findings made by the judge who saw and heard the witnesses testify.
“We are not persuaded that there was any error in the conclusion reached by the learned judge, who saw and heard nearly all of them.”
Procedural preferences
Requires equal latitude in credibility cross-examination for a testifying defendant and the principal government witness.
“the principal witness against him could be cross-examined in like fashion.”
Requires a jury trial when conviction can expose the accused to a constitutionally significant punishment.
“cannot be tried otherwise than to a jury.”
Cautions
Focuses a possession offense on guilty knowledge rather than on how possession was acquired.
“Given criminal intent, it is immaterial how that possession was obtained.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“the judgment below must be reversed, and the case remanded for a new trial. Reversed.”
“cannot be tried otherwise than to a jury. Reversed.”
“the error in restricting his cross-examination in the respect mentioned was not both substantial and harmful. Reversed.”
“It follows that the judgment below must be reversed.”
“the judgment must be reversed, and the cause remanded to the United States District Court for the Eastern District of South Carolina, at Florence, with directions to remand the case to the court of common pleas”
“The judgment entered below must be reversed, and the case sent back to the United States District Court for the Eastern District of South Carolina, with directions to remand it to the court of common pleas”
A historical record
Judge Rose 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.