David William Dyer

U.S. Court of Appeals for the Fifth Circuit circuit Deceased · served 1966–1998 Appointed by Lyndon B. Johnson (Democratic) 25 signed orders read

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

How Judge Dyer decides

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

What persuades

Requires applicants for extraordinary interim relief to carry the burden on likelihood of success, irreparable harm, harm to others, and the public interest.

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

Rejects labor sanctions when the record as a whole does not support the asserted unlawful reprisal.

“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.”

Uses remand for factual development when a prisoner's loss of appellate rights turns on counsel's conduct.

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

Cautions

Will not sustain a bail forfeiture inflated by vindictiveness or factors unrelated to a just response to the default.

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

Recognizes a constitutional violation when an indigent defendant loses a direct appeal for lack of counsel.

“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. If you're preparing for a matter, start from the court's current bench.