William Homer Thornberry

U.S. Court of Appeals for the Fifth Circuit circuit Deceased · served 1965–1995 Appointed by Lyndon B. Johnson (Democratic) 32 signed orders read

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

How Judge Thornberry decides

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

What persuades

Will overturn a verdict when the record cannot support the jury's finding beyond a reasonable doubt.

“the jury could not have found beyond a reasonable doubt that King intended to deliver cocaine to Roemisch.”

Treats expert testimony as evidence for the fact-finder to weigh, never as conclusive.

“The testimony of experts is not conclusive even when it is uncontradicted”

Reads statutes pragmatically, in light of how the underlying industry or practice has evolved.

“afforded more than the statutorily required protection to laborers and materialmen”

Procedural preferences

Conducts remedy-focused harmless-error review rather than reversing automatically for a procedural violation.

“it is not necessary in every instance to vacate a plea that was accepted in violation of Rule 11.”

On habeas, defers to state courts but independently decides federal questions such as waiver.

“finding of waiver does not bar an independent determination of the question by a federal court on habeas corpus”

Denies summary judgment where a contract is genuinely ambiguous, sending the dispute to trial on extrinsic evidence.

“we hold that the contract is ambiguous and creates a genuine issue of material fact”

Signed rulings

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

Jay William Marden v. E. Wilson Purdy, as Sheriff of Dade County, Florida
· 1969-04-10
Appeal (habeas petitioner appellant) Denied

“Viewing the totality of the circumstances, we cannot say that there was a violation of due process. Affirmed.”

United States v. Jose Medardo Alvero
· 1972-12-29
Appeal (criminal defendant appellant) Granted

“The judgment is reversed and the case remanded for a new trial. Reversed and remanded.”

Fate Bryant v. E. B. Caldwell, Warden
· 1973-09-17
Appeal (habeas petitioner appellant) Denied

“Consequently, the probability that appellant was prejudiced is slight, and the ends of justice would not be served by a reversal. Affirmed.”

United States v. Sherman Vernon Lyles, Jr.
· 1974-01-17
Appeal (criminal defendant appellant) Denied

“The police cannot be faulted. The convictions are affirmed. Affirmed.”

United States v. Jesus Mendez
· 1974-06-20
Appeal (criminal defendant appellant) Granted

“Under these circumstances, we feel the only just disposition is to remand the case for a new trial.”

United States v. Lorchid Goff, United States of America v. Deola R. Richardson
· 1975-04-09
Appeal (criminal defendant appellant) Denied

“Thus, finding no infirmity in the Eastern District of Louisiana jury selection procedures, we affirm the convictions.”

United States v. Howard James Beaver
· 1975-12-12
Appeal (criminal defendant appellant) Denied

“The judgment therefore is affirmed.”

United States v. Hyman C. Slepicoff, D/B/A Graduate Enterprises
· 1975-12-19
Appeal (criminal defendant appellant) Denied

“The judgment of the United States District Court for the Middle District of Florida is affirmed. Affirmed.”

Epifanio G. Alvarez v. W. J. Estelle, Jr., Director, Texas Department of Corrections
· 1976-06-23
Appeal (habeas petitioner appellant) Denied

“Accordingly, the district court’s denial of appellant’s application under 28 U.S.C. § 2254 is affirmed. AFFIRMED.”

United States v. Ramiro D. Carrillo, and O. P. Carrillo
· 1977-10-31
Appeal (criminal defendant appellant) Denied

“None of them merit reversal of their convictions. We affirm.”

United States v. Raymond Edwin Kossa
· 1977-11-11
Appeal (criminal defendant appellant) Denied

“For the foregoing reasons appellant’s conviction is AFFIRMED.”

United States v. James F. Kent; James F. Kent v. Warden, Federal Correctional Institution, Eglin Air Force Base, Florida
· 1977-11-17
Appeal (government appellant) Granted

“Accordingly, we reverse the judgment of the district court in the § 2255 proceeding and vacate the district court’s order of December 22, 1976, resentencing Kent to two years. REVERSED.”

A historical record

Judge Thornberry 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.