Potter Stewart
Judge Stewart no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Stewart decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Applies clear-error review to trial-court fact findings.
“findings of fact may not be set aside unless they are clearly erroneous.”
Requires all materially interested parties to be joined before a mortgage can be reformed.
“Accordingly we hold that the mortgagee Lajoie is a necessary party to any action in which reformation of the mortgage is sought.”
Accepts a reasonable cost estimate as a basis for accruing a tax liability tied to the same income.
“The fact that the accrued liability was based upon an estimate of costs does not in this case defeat deductibility.”
Procedural preferences
Defers interlocutory review until a developed factual record and final judgment permit intelligent appellate review.
“The ends of justice will be better served by deferring review until after a hearing and final judgment in the district court on the merits.”
Measures obscenity by the community as a whole rather than the reactions of a selected group.
“Obscenity is not to be measured by the reactions of any particular class or group of the population, but by the standard of the community as a whole.”
Follows controlling intermediate state precedent rather than predicting a different future ruling by the state's highest court.
“it is not for us to exercise our independent judgment, to look to other jurisdictions, or to speculate as to what the Supreme Court of Ohio might some day decide.”
Cautions
Treats sentencing fairness as a central dimension of justice even when the sentence falls within statutory limits.
“Justice is measured in many ways, but to a convicted criminal its surest measure lies in the fairness of the sentence he receives.”
Resolves statutory doubt against imposing a harsher cumulative criminal punishment.
“It may fairly be said to be a presupposition of our law to resolve doubts in the enforcement of a penal code against the imposition of a harsher punishment.”
Treats municipal-official immunity under the federal civil-rights statute as a federal question rather than one controlled by state law.
“The question must be decided as a matter of general law.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“In accordance with the findings of fact and conclusions of law, the judgment of the District Court is affirmed.”
“Leave to appeal in forma pauperis is therefore denied. The motion to remand is also denied”
“The judgment is vacated and the cause ’remanded fbr proceedings consistent with the views expressed in this opinion.”
“For the reasons here expressed and upon the authorities and reasoning contained in the thoroughly considered memorandum opinion of the district court, the judgment of that court is affirmed.”
“The case is remanded to the Tax Court for further proceedings in conformity with this opinion.”
“The order of dismissal is set aside, and the case is remanded to the district court for further proceedings.”
A historical record
Judge Stewart 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.