Luther M. Swygert
Judge Swygert no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Swygert decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Willingness to require Burford-style abstention where a federal court would otherwise resolve an unsettled question of state regulatory law that state courts have not yet construed, to avoid needless friction with a state's administration of its own affairs.
“We conclude therefore that it was error for the district court not to abstain in this case.”
Procedural preferences
Firm issue-preclusion in collateral review: a claim already decided on direct appeal cannot be relitigated through a Section 2255 motion, and vague, conclusional allegations of fraud or suppression -- unsupported by specific facts -- do not warrant a hearing.
“matters that have been decided on direct appeal cannot be relitigated by a motion under Section 2255”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The judgment of the District Court is affirmed.”
“The appeal is dismissed without prejudice to any of the parties.”
“The judgment is affirmed.”
“The judgment as to Alvin Bennett is affirmed and as against L. C. Bennett is reversed.”
“order is reversed.”
“The order of dismissal is reversed and the cause remanded for further proceedings.”
“decision is affirmed.”
“motion is affirmed.”
“The judgment of the district court is reversed.”
“The judgment of the district court is reversed.”
“The judgments of conviction are affirmed.”
A historical record
Judge Swygert 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.