Charles Willis Pickering Sr.
Judge Pickering no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Pickering decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Applies established federal arbitration law when reviewing an award arising from an employee-benefit plan.
“Federal law on arbitration is firmly and clearly established.”
Requires specific intent before an arrest-stage threat can support an obstruction enhancement.
“Consequently, we conclude that a defendant who threatens a police officer with violence while a police officer is arresting or taking a defendant into custody is subject to the § 3C1.1 enhancement, but only if such threat was made with the specific intent of obstructing or impeding the administration of justice in the case for which the arrest is made.”
Procedural preferences
Limits interlocutory qualified-immunity review to legal questions rather than disputed facts.
“We cannot, at this stage, review the district court’s determination”
Reviews all evidence favorably to the verdict and asks whether a rational factfinder could find every element beyond a reasonable doubt.
“We consider all evidence in the light most favorable to the verdict, and ask whether a rational finder of fact could have found that the evidence established all of the elements of the offense beyond a reasonable doubt.”
Cautions
Places the burden on a school seeking relief under an existing desegregation order.
“Bowling Green has the burden of proof.”
Defers to a plausible factual finding even when the appellate panel might have weighed the evidence differently.
“While we may or may not have reached the same finding as the district court had we been sitting as the trier of fact, we do not believe that the district court clearly erred in its finding, and so hold.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“AFFIRMED in part, REVERSED in part, and REMANDED.”
“AFFIRMED IN PART; REVERSED IN PART, AND REMANDED.”
“Cruz’ conviction and judgment and his resulting sentence are AFFIRMED.”
“the decision below is AFFIRMED.”
“The district court’s order of vacatur is REVERSED and this matter is REMANDED to the district court with instructions to REINSTATE the arbitration award in favor of the Plaintiffs.”
“VACATED AND REMANDED, with instructions.”
A historical record
Judge Pickering 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.