John Robert Brown
How Judge Brown rules, drawn from 25 signed orders. Every observation links to the order it came from.
Judge Brown no longer hears cases. This profile is preserved as a historical record of how they ruled here.
About Judge Brown
John Robert Brown was a judge of the United States Court of Appeals for the Fifth Circuit. Appointed by President Dwight D. Eisenhower, Judge Brown received a commission on July 27, 1955. Judge Brown assumed senior status on July 20, 1984 and served until death on January 23, 1993.
How Judge Brown decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In Arthur H. Richland Co. v. Harper, Brown reversed dismissal based on bare pleadings because the decisive factual dispute required proof.
“This is another case proving that final disposition of a civil action on the basis of bare bones pleadings is a tortuous thing.”
In Jones v. United States, he found that the beneficiary had not shown the missing insured died during the policy's critical two-month coverage period.
“This was insufficient to prove that Dutton must therefore have died in the critical two-months period.”
Procedural preferences
In Hayes v. United States, he required reconsideration of a collateral claim because an important factual allegation raising a due-process issue had never received a hearing.
“No hearing has ever been held to resolve this factual issue having such potential importance.”
In Molignaro v. Dutton, he ordered a new hearing to develop specific facts about whether counsel had been offered and knowingly waived before the guilty plea.
“We therefore reverse the judgment of the District Court and remand the cause with directions to hold a new hearing for a full development of the facts with particularity concerning the offer of counsel to Molignaro and his asserted' waiver thereof.”
Cautions
A judge may not prosecute a criminal-contempt charge and then adjudicate the same case.
“Judge Hittner, likewise, could not prosecute the contempt and at the same time act as Judge.”
A federal jurisdictional dismissal does not decide the underlying state-law merits and should preserve the claimant's substantive rights where appropriate.
“Our ruling today is without prejudice to the rights of Buchanan to enforce his substantive rights in state court.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
A historical record
Judge Brown 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.