Edward Charles Prado
Judge Prado no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Prado decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
On a Fourth Amendment suppression appeal, Prado resolves the good-faith exception first and does not reach probable cause when the officers' reliance on the warrant was objectively reasonable.
“we only examine probable cause if the good faith exception does not apply.”
Whether a valid agreement to arbitrate was formed is decided under ordinary state contract law, without the federal presumption favoring arbitration.
“the strong federal policy favoring arbitration does not apply to the initial”
Procedural preferences
For a 'crime of violence' sentence enhancement he applies the categorical approach, judging the elements of the prior statute rather than the defendant's underlying conduct.
“district courts must employ the categorical approach established in Taylor v. United States”
On Rule 50 judgment as a matter of law he treats a party's right to be fully heard as requiring that all evidence be presented before judgment is entered.
“it is essential that the nonmoving party be permitted”
Cautions
He treats Almendarez-Torres as binding precedent that forecloses Apprendi-based challenges to prior-conviction sentencing, so such arguments are preserved only for higher review.
“Almendarez-Torres remains binding despite Apprendi”
Obtaining an automatic stay-put order under the IDEA confers no merits relief and does not make a litigant a prevailing party entitled to fees.
“obtaining a stay-put order under the IDEA does not require a showing on the merits.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“dismiss the petition for lack of jurisdiction.”
Caseload & timing
From public federal docket records for this judge.
Not applicable to this circuit-court record.
A historical record
Judge Prado 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.