David William Dyer

How Judge Dyer rules, drawn from 25 signed orders. Every observation links to the order it came from.

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

Court
U.S. Court of Appeals for the Fifth Circuit
Position
Circuit judge
Status
Deceased
Served
1966–1981
Appointed by
Lyndon B. Johnson (Democratic)
Commissioned
August 25, 1966
Education
Stetson University College of Law, LL.B., 1933
Signed orders read
25

About Judge Dyer

David William Dyer was a judge of the United States Court of Appeals for the Fifth Circuit. Appointed by President Lyndon B. Johnson, Judge Dyer received a commission on August 25, 1966. Judge Dyer previously served on the United States District Court for the Southern District of Florida, commissioned there on September 18, 1961. Judge Dyer assumed senior status on September 30, 1976 and was reassigned to another court on October 1, 1981.

How Judge Dyer decides

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

What persuades

In Belcher v. Birmingham Trust National Bank, Dyer denied a stay pending appeal because the appellants failed to show sufficient grounds for that extraordinary relief.

“appellants have failed to carry their burden of showing sufficient grounds for granting the extraordinary remedy of stay pending appeal”

In NLRB v. International Brotherhood of Teamsters, Dyer denied enforcement of the Board’s order because the union remarks, viewed in context, did not threaten reprisal against the members who filed charges.

“The record as a whole does not support such a result.”

Procedural preferences

Requires individualized sentencing rather than a fixed policy based only on the category of crime.

“We affirm our disapproval of statements by a trial judge reflecting a fixed sentencing policy based on the category of crime rather than on the individualized record of the defendant.”

In Collins v. Florida, he reversed denial of habeas relief without a hearing because the prisoner alleged appointed counsel refused a requested direct appeal, and the district court had mistakenly treated a later collateral motion as that appeal.

“Collins is entitled to an evidentiary hearing on the factual allegations in his habeas corpus petition.”

Cautions

In United States v. Parr, Dyer vacated the bail-forfeiture order and remanded for a measure of the defendant’s default that excluded vindictiveness.

“vindictiveness must play no part in measuring what is a just punishment for the defendant’s default.”

In Foxworth v. Wainwright, Dyer held that an indigent prisoner was denied his constitutional right to counsel on direct appeal when appointed counsel abandoned him after filing the appeal.

“Foxworth, an indigent, was denied his constitutional right to representation by counsel on appeal”

Signed rulings

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

Robert Collins v. State of Florida
· 1968-01-12
Appeal (state prisoner appellant) Granted

“Reversed and remanded.”

The State of Texas v. James C. Whittington
· 1968-03-29
Appeal (State of Texas appellant) Granted

“Reversed.”

Brady Belcher v. Birmingham Trust National Bank, as Trustee, Etc.
· 1968-05-21
Motion for stay (civil litigants seeking a stay) Denied

“Denied.”

Walker Oil Company, Inc., and Big S Oil Company v. Hudson Oil Company of Missouri, Inc.
· 1969-08-06
Appeal (gasoline retailers appellant) Denied

“Affirmed.”

United States v. Michael Hawkins
· 1970-04-23
Appeal (criminal defendant appellant) Granted

“Reversed and remanded.”

Mrs. Frances Angello, Widow of Jack Sparacio v. Metropolitan Life Insurance Company, and United States of America, Intervenor-Appellee
· 1970-06-22
Appeal (life-insurance beneficiary appellant) Granted

“The judgment of the District Court is reversed.”

Earl Mitchell v. C. Murray Henderson, Warden, Louisiana State Penitentiary
· 1970-10-08
Appeal (state prisoner appellant) Granted

“Reversed and remanded.”

United States v. Ralph Hubert Houston, Jr.
· 1970-11-05
Appeal (criminal defendant appellant) Denied

“Affirmed.”

Lloyd G. Jones and Marilyn A. Jones v. Commissioner of Internal Revenue
· 1971-06-04
Appeal (taxpayer appellant) Denied

“Affirmed.”

Richard Dale Edwards v. George J. Beto
· 1971-06-22
Appeal (state prisoner appellant) Denied

“Affirmed.”

Edward Alfred Smedberg v. United States
· 1971-08-24
Appeal (federal prisoner appellant) Denied

“Affirmed.”

William Foxworth v. Louie L. Wainwright, Director, Division of Corrections, State of Florida
· 1971-10-27
Appeal (state prisoner appellant) Granted

“Reversed and remanded with directions.”

A historical record

Judge Dyer no longer hears cases. This profile stays available as a record of how they ruled here. If you're preparing for a matter, start from the court's current bench.