John Decker Butzner Jr.

U.S. Court of Appeals for the Fourth Circuit circuit Deceased · served 1967–2006 Appointed by Lyndon B. Johnson (Democratic) 25 signed orders read

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

How Judge Butzner decides

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

What persuades

Requires decisionmakers to identify the weight given to relevant evidence so substantial-evidence review can be meaningful.

“Unless the Secretary explicitly indicates the weight given to all the relevant evidence, we cannot determine on review whether the findings are supported by substantial evidence.”

Treats disputed reasonable inferences as a matter for plenary proceedings rather than summary judgment.

“although the basic facts are not in dispute, the parties nevertheless disagree as to the inferences which may properly be drawn. Under such circumstances the case is not one to be decided on a motion for summary judgment.”

Procedural preferences

Protects a defendant's requested presence during juror questioning and rejects reliance on a transcript of a hearing from which the defense was excluded.

“an in camera examination is improper when the defendant has indicated a desire to be present.”

Prefers a stay over dismissal when parallel protective litigation guards against jurisdictional or limitations risks without harassment.

“Prudent lawyers should not be faulted for guarding their clients against possible pitfalls. A court’s concern over the institution of actions on the same claim in more than one district can be alleviated by an order staying the proceedings.”

Cautions

Applies the plain-view doctrine narrowly and does not treat a documentation inspection as authority for a general vessel search.

“we do not authorize a general search of every vessel stopped for a documentation check. Rather, we are simply applying the plain view doctrine.”

Rejects using a federal consumer-disclosure action as a vehicle for unrelated debt collection that would impede enforcement of the federal remedy.

“would impede expeditious enforcement of the federal penalty and involve the district courts in debt collection matters having no federal significance.”

Signed rulings

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

Pennington v. Lexington School District 2
· 1978-07-03
Appeal (teacher-appellant) Granted in part

“The judgment of the district court is affirmed in part, vacated in part, and remanded for further proceedings.”

United States v. MacDonald
· 1978-10-27
Appeal (criminal-defendant-appellant) Denied

“The order denying MacDonald’s plea of double jeopardy is affirmed, and this case is remanded to the district court for further proceedings.”

Johnson v. Bergland
· 1978-11-17
Appeal (former-agency-director-appellant) Granted

“we reverse the district court’s denial of a preliminary injunction and remand the case for the grant of such relief and for trial.”

Jeffers v. United States
· 1978-12-06
Appeal (bond-sureties-appellants) Granted in part

“we affirm the district court in part and remand the case with directions that the court modify its order denying remission”

Frison v. Franklin County Board of Education
· 1979-04-20
Appeal (teacher-appellant) Granted in part

“although the judgment denying Frison relief on her federal claims is affirmed, the judgment on her pendent claim is vacated”

Whigham v. Beneficial Finance Co. of Fayetteville, Inc.
· 1979-06-20
Appeal (borrowers-appellants) Denied

“Affirmed.”

United States v. Hines
· 1979-09-06
Appeal (criminal-defendant-appellant) Denied

“AFFIRMED.”

Myers v. Califano
· 1980-01-03
Appeal (benefits-claimant-appellant) Granted

“REVERSED AND REMANDED.”

Wheeling-Pittsburgh Steel Corp. v. Donovan Wire and Iron Co.
· 1980-02-12
Appeal (steel-company-appellant) Granted

“The order of the district court is vacated, and the case is remanded with directions to reinstate the complaint.”

Higginbotham v. Califano
· 1980-03-25
Appeal (benefits-claimant-appellant) Granted

“We reverse the judgment of the district court and remand with directions to remand Higginbotham’s claim to the Secretary for the payment of benefits.”

Long-Airdox Co. v. International Union, UAW Local 772
· 1980-05-05
Appeal (union-appellant) Granted in part

“The order of the district court is affirmed in part, vacated in part, and remanded”

United States v. Hackett
· 1980-07-02
Appeal (criminal-defendant-appellant) Denied

“AFFIRMED.”

A historical record

Judge Butzner 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.