Xenophon Hicks
Judge Hicks no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Hicks decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Measures professional compensation against the value actually produced for the estate.
“In view of the fact that the property brought $55,000 additional, we think that an allowance of $6,000 is within reasonable limits”
Leaves witness credibility to the administrative factfinder while requiring fair procedures for developing the record.
“The weight to be given to the testimony of Banks, as well as to that of Ingwer, Swanson, Nau and all other witnesses, and the extent to which they should be believed or disbelieved, is a matter for the sole consideration of the Board”
Procedural preferences
Enforces appellate finality and dismisses review of an order that did not end the litigation.
“Our review is limited to “final decisions.””
Reads review deadlines strictly and resists agreements that would extend a statutory filing period indefinitely.
“The trend of Congressional action has been to restrict rather than extend the time within which a petition to review a decision of the Board of Tax Appeals (now the Tax Court) may be filed.”
Cautions
Places the burden on a habeas petitioner to prove the loss of a constitutional right.
“The burden was upon appellant to show by a preponderance of the evidence (Walker v. Johnston, 312 U.S. 275, 286, 61 S.Ct. 574, 85 L.Ed. 830) that he has been deprived of some constitutional right.”
Treats improperly admitted evidence as prejudicial when it could have undermined a viable defense.
“Had it not been admitted the defense of an alibi would have had a basis sufficient to justify the jury in returning a verdict of not guilty.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The Order appealed from is reversed and the case remanded to the District Court for the purpose indicated.”
“The order of the District Court denying appellant’s petition for a declaratory judgment is affirmed.”
“The decision of the Board of Tax Appeals in No. 9478 is also affirmed.”
“Our conclusion is that the judgment against Southeastern, herein appealed from, should be and is in all things affirmed, and that the appeal of Masters be and the same is dismissed.”
“the judgment appealed from should be and the same is affirmed.”
“The motion to dismiss is sustained.”
A historical record
Judge Hicks 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.