Wade Hampton McCree Jr.
Judge McCree no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge McCree decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Requires at least a factual basis in the administrative record for a selective-service classification, despite the narrow scope of judicial review.
“the scope of judicial review of a selective service classification is exceedingly narrow; the sole question being whether a “basis in fact” exists for the classification given.”
Balances the government's need for summary action against the professional harm to an employee when deciding whether due process requires a hearing.
“Whether or not due process requires a hearing in a case of dismissal from public employment depends upon the balance of factors such as the need for the government to act summarily and the extent to which the employee will be harmed by the dismissal.”
Tailors labor-board remedies to the period during which the unfair labor practice actually persisted.
“Accordingly, the order of the Board must be modified to require back pay through July 22 rather than through July 26.”
Procedural preferences
Enforces contractual grievance exhaustion before permitting a federal labor-contract action to proceed.
“We hold that appellants failed to avail themselves of the grievance procedure provided in the contract prior to filing their action in the District Court.”
Recognizes confidential judicial review as a way to protect informer identity while allowing scrutiny of the asserted basis for police action.
“hearings where the identity of the informer is revealed only to the judge, as by permitting the police to rely upon unidentified informers.”
Cautions
Declines to treat local police as federal agents merely because the suspected conduct also violates federal law.
“it cannot be assumed from this fact alone that the police were acting as agents of the federal government.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The judgment of the district court is reversed, and the case is remanded for proceedings not inconsistent with this opinion.”
“The convictions below are reversed and the case is remanded for entry of an appropriate order.”
“The conviction is reversed and the case is remanded for a new trial.”
A historical record
Judge McCree 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.