Henry Anthony Politz

U.S. Court of Appeals for the Fifth Circuit circuit Deceased · served 1979–2002 Appointed by Jimmy Carter (Democratic) 25 signed orders read

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

How Judge Politz decides

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

What persuades

Evaluates ineffective-assistance allegations in the context of the entire proceeding rather than treating asserted errors in isolation.

“We do not assess any alleged error in isolation.”

Defers to an academic institution's reasoned judgment when the hearing process provides substantial procedural protection.

“The academic institution made a reasoned judgment after a deliberate process in the sphere in which it is expert.”

Procedural preferences

Treats prior panel precedent as binding unless changed through the proper institutional route.

“this panel may not overrule or ignore a prior panel decision.”

Requires strict separation between the judge and plea negotiations because later corrective steps may not remove the coercive effect.

“Rule 11 is intended totally to eliminate the pressures emanating from judicial involvement in the plea bargaining process....”

Cautions

Requires a supported causal connection, not merely protected activity followed by an adverse employment action, to establish a retaliation claim.

“The record fails to support a prima facie case of retaliation and the district court properly entered summary judgment for Advanced on this claim.”

Will reverse sanctions when the governing procedural rule does not prohibit the conduct at issue.

“Minor’s execution of the judgment at the Kmart store was not sanctionable under Rule 11.”

Signed rulings

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

Sanders v. Reno
· 1999-09-14
Appeal (federal employee appellant) Denied

“Accordingly, the judgment below is AFFIRMED.”

Fitzgerald v. Advanced Spine Fixation Systems, Inc.
· 1999-08-05
Appeal (retailer plaintiff appellant) Granted

“we VACATE the judgment of the district court and REMAND for further proceedings consistent herewith.”

Derrick Jones v. Burl Cain, Warden
· 2000-09-06
Appeal (habeas petitioner appellant) Denied

“The judgment appealed is AFFIRMED.”

Than v. University of Texas Medical School
· 1999-09-27
Appeal (former medical student plaintiff appellant) Denied

“The judgment appealed is in all respects AFFIRMED.”

United States v. Ruiz
· 1999-07-13
Appeal (criminal defendant appellant) Denied

“For these reasons, the judgment of the trial court is in all respects AFFIRMED.”

United States v. Hopes
· 2002-03-25
Appeal (criminal defendant appellant) Denied

“For these reasons, the district court’s denial of Hopes’ motion to suppress and his guilty plea conviction are AFFIRMED.”

United States v. Jennifer Turner Howard
· 2000-07-27
Appeal (criminal defendant appellant) Denied

“The judgment appealed is AFFIRMED.”

Caddo Parish-Villas v. Beal Bank SSB
· 2001-04-30
Appeal (bankruptcy debtor appellant) Denied

“The judgment appealed is AFFIRMED.”

Dynamic Marine Consortium, S.A. v. Latini, MV
· 1999-07-08
Appeal (maritime claimant appellant) Moot / procedural

“APPEAL DISMISSED.”

Brown v. Lensing
· 1999-04-19
Appeal (habeas petitioner appellant) Denied

“For these reasons, the judgment of the trial court is, in all respects, AFFIRMED.”

United States v. Schorovsky
· 2000-01-25
Appeal (criminal defendant appellant) Granted

“The sentence appealed is VACATED and the matter is REMANDED”

In the Matter Of: Milton Van Gerpen, Debtor, Security State Bank v. Internal Revenue Service
· 2001-10-10
Appeal (creditor appellant) Denied

“For these reasons the ruling of the district court is AFFIRMED.”

A historical record

Judge Politz 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.