Carl Edmond Stewart

How Judge Stewart rules, drawn from 37 signed orders. Every observation links to the order it came from.

Court
U.S. Court of Appeals for the Fifth Circuit
Position
circuit
Appointed by
Bill Clinton (Democratic)
Commissioned
1994-05-09
Education
Dillard University (B.A., magna cum laude, 1971); Loyola University New Orleans College of Law (J.D., 1974)
Signed orders read
37

How Judge Stewart decides

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

What persuades

In reviewing a jury-selection challenge, Stewart emphasized that the trial court must evaluate the prosecutor's stated reason at the time of the strike. Additional facts elicited by the court cannot substitute for testing whether the prosecutor's own explanation was genuine or pretextual.

“the Batson framework . . . requires a focus on the actual, contemporary reasons articulated for the prosecutor's decision to strike a prospective juror.”

In a maritime limitation action, Stewart evaluated notice by considering all the information received by the vessel owner, including the claimed categories of damages and medical evidence. The six-month filing period did not depend on a particular settlement demand once the materials showed a reasonable possibility that the claim exceeded the vessel's value.

“In this case, the district court considered the totality of the evidence in deciding that Genesis should have known before June 13, 2024 that there was a reasonable possibility that Darrow's claim could exceed $12.5 million.”

In a trademark case, Stewart assessed actual-confusion evidence against the scale and duration of the parties' sales. Five instances over roughly two and a half years could not sustain that factor where annual sales reached millions of dollars.

“This evidence is ultimately insufficient to sustain a finding of a likelihood of confusion given the fact that the parties' sales ran into the millions of dollars each year.”

Procedural preferences

In a civil-rights action arising from municipal prosecutions, Stewart treated the state-law trial-de-novo request as eliminating the finality of the municipal judgments. With the prosecutions still pending, the federal claims were not yet barred by a final conviction.

“In sum, because Kleinman's and AusPro's prosecutions are ongoing, there is no final conviction, and Heck cannot yet apply.”

Cautions

In an appeal from receivership orders, Stewart enforced the appellant's burden to establish appellate jurisdiction. Implying that an earlier precedential decision was factually different did not suffice when the appellant failed to identify the distinctions.

“But Barton fails to meet his burden of showing that we have appellate jurisdiction.”

Signed rulings

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

Baker v. DeShong
14-11157 · 2016-05-03
Appeal (appellant) Granted

“In light of recent Supreme Court precedent illuminating the standard for ‘exceptional’ cases which warrant the award of attorney's fees, we REVERSE and REMAND.”

Scarbrough v. Purser (In re Scarbrough)
15-51045 · 2016-09-01
Appeal (appellant) Denied

“We AFFIRM.”

Green Tree Servicing, L.L.C. v. Charles
17-60165 · 2017-09-29
Appellate jurisdiction (appellant) Moot / procedural

“Charles now appeals Charles II. We dismiss for lack of appellate jurisdiction.”

United States v. Gonzalez-Longoria (en banc, on remand)
15-40041 · 2018-07-13
Appeal (appellant) Moot / procedural

“Mr. Gonzalez-Longoria has been released from imprisonment and no longer wishes to pursue any challenge to his term of imprisonment or Sentencing Guideline calculation. Accordingly, we DISMISS his appeal as to these issues. ... We REMAND to the district court for the limited purpose of correcting the judgment to reflect the correct offense of conviction ...”

United States v. Vega-Santos
23-50309 · 2024-12-06
Appeal (appellant) Granted

“We agree with Vega-Santos that this condition impermissibly delegates the district court's sentencing authority. Accordingly, we VACATE the condition and REMAND for resentencing.”

EEOC v. BDO USA, L.L.P.
16-20314 · 2017-05-04
Appeal (appellant) Granted

“For the reasons that follow, we VACATE and REMAND.”

United States v. Lineberry
11-40390 · 2012-12-07
Habeas 2255 (appellant) Denied

“We now AFFIRM.”

United States v. Flores
16-40868 · 2017-07-03
Appeal (appellant) Denied

“For the foregoing reasons, the sentence of Defendant-Appellant Jose Ricardo Flores is AFFIRMED.”

United States v. Garcia-Sanchez
18-40088 · 2019-02-22
Appeal (appellant) Denied

“Garcia-Sanchez’s sentence is affirmed.”

United States v. Arrieta
16-40539 · 2017-07-07
Motion to dismiss indictment (appellant) Denied

“We AFFIRM the district court’s judgment but reform it to correct a clerical error in the statute of conviction.”

Okpala v. Whitaker
17-60391 · 2018-11-15
Petition for review (appellant) Granted

“Because the BIA erred in construing 8 U.S.C. § 1227(a)(2)(A)(iii) to apply to an individual who was a naturalized citizen at the time of conviction, we grant the petition for review and vacate the BIA’s deportation order.”

Cabrera v. Sessions
15-60711 · 2018-05-07
Petition for review (appellant) Granted in part

“Accordingly, Cabrera’s petition for review is DENIED, in part, and GRANTED, in part, and the case is REMANDED for further proceedings not inconsistent with this opinion.”

Caseload & timing

From public federal docket records for this judge.

Circuit judges do not manage an assigned federal trial docket in their appellate role. Stewart previously served on Louisiana trial and appellate courts.

Draft for Judge Stewart with the record in hand

Ezel grounds your drafting and research in this profile: what has persuaded Judge Stewart, and what has not, cited to the signed orders.

Opens in Ezel Pro.

  • Grounded in Judge Stewart's own signed orders
  • Cites every source it relies on, so you can verify it
  • Chat, drafting and research in one workspace