William Ernest Miller

U.S. Court of Appeals for the Sixth Circuit circuit Deceased · served 1970–1976 Appointed by Richard M. Nixon (Republican) 25 signed orders read

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

How Judge Miller decides

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

What persuades

Treats interpretation and application of collective-bargaining agreements as matters ordinarily committed to the arbitrator.

“It is now axiomatic that matters of interpretation and application of collective bargaining agreements are for the arbitrator and not for the courts.”

Reads the Social Security Act liberally when resolving ambiguity affecting a claimant's eligibility.

“The Social Security Act is to be construed liberally in favor of the claimant.”

Procedural preferences

Declines to apply judicial immunity at the pleading stage when the complaint plausibly alleges action outside the official's jurisdiction.

“Since the Ohio statutes do not on their face confer upon juvenile court referees the power to incarcerate, and since the complaint alleges that the Referee’s authority is limited to making recommendations to the juvenile court judge, we must conclude that the district court erred in applying the doctrine of judicial immunity.”

Requires prejudice before ministerial defects in executing or returning a search warrant justify invalidating the search.

“Absent a showing of prejudice, irregularities in these procedures do not void an otherwise valid search.”

Cautions

Rejects use of the conspiracy hearsay exception after the jury has rejected the alleged conspiracy.

“To permit hearsay evidence to support a substantive charge on the theory of the “conspiracy” exception where the charge of a conspiracy has been specifically rejected by the jury would not only undercut the very foundation of the exception, but would magnify the dangers to the liberty of the individual and the integrity of the judicial process”

Requires proof connecting conduct to each element of the charged offense rather than relying on suspicious behavior alone.

“Lacking proof of intent and knowledge, elements required to support conviction on the specific charge of illegal possession of a controlled substance, the government’s case must fail.”

Signed rulings

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

Herbert Otworth v. Robert H. Finch, Secretary of Health, Education and Welfare
· 1970-12-10
Appeal (appellant) Denied

“Affirmed.”

Ore v. Aetna Life Insurance Co.
· 1970-12-10
Appeal (appellant) Denied

“Affirmed.”

Morehead v. Greenville Supply Co.
· 1971-03-25
Appeal (appellant) Denied

“Affirmed.”

United States v. James Woodrow Rudinsky
· 1971-03-26
Appeal (appellant) Denied

“Affirmed.”

Gfell v. Rickelman
· 1971-04-07
Appeal (appellant) Denied

“Affirmed.”

Robert Gene Hollbrook v. United States
· 1971-04-13
Appeal (appellant) Denied

“Affirmed.”

Lothridge v. United States
· 1971-04-29
Appeal (appellant) Denied

“Affirmed.”

Thomas v. Allstate Insurance Co.
· 1971-06-15
Appeal (appellant) Denied

“Affirmed.”

Bright v. Ohio Casualty Insurance Co.
· 1971-06-15
Appeal (appellant) Denied

“Affirmed.”

United States v. Harold Dean McKenzie
· 1971-08-10
Appeal (appellant) Denied

“Affirmed.”

John Palfy, Jr. v. Harold J. Cardwell, Warden
· 1971-09-22
Appeal (appellant) Denied

“Affirmed.”

Robert Lucarell v. Kenneth McNair
· 1972-01-07
Appeal (appellant) Granted

“Accordingly, the judgment of the district court dismissing the appellant’s civil rights action should be and it is hereby reversed and the case remanded for proceedings not inconsistent with this opinion.”

A historical record

Judge Miller 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.