Wayne G. Borah
Judge Borah no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Borah decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Borah treated record-wide substantial evidence as sufficient to sustain the labor board's factual finding.
“Accordingly, we conclude that there is substantial evidence in the record, considered as a whole, to support the finding of the Board”
He required reversal when an erroneous evidentiary ruling could not affirmatively be shown harmless on the whole record.
“we cannot say from a review of the whole record that lack of prejudice affirmatively appears.”
Procedural preferences
Borah treated the absence of a probable-cause certificate as jurisdictionally fatal to a state-prisoner habeas appeal.
“In the absence of a certificate of probable cause, the order of the district court is not reviewable by this court.”
He required courts to award the relief supported by the proven facts even when a party framed a different legal theory.
“it is the duty of the court to grant the relief to which tile plaintiff is entitled, irrespective of the prayer for relief”
Cautions
Borah would not relax the jury-trial guarantee to make a perjury conviction easier to sustain.
“Heinous as the crime of perjury is under'our law, it is entitled to no relaxation of the constitutional guaranty of the citizen in order to punish it.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“the petition for review herein is dismissed for lack of jurisdiction.”
“the judgment of the District Court is vacated and set aside and the case is remanded to that court with instructions to dismiss for want of jurisdiction.”
“the appeal is dismissed for want of jurisdiction.”
Caseload & timing
From public federal docket records for this judge.
Not applicable to this circuit-court record.
A historical record
Judge Borah 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.