Otto Kerner Jr.
How Judge Kerner rules, drawn from 25 signed orders. Every observation links to the order it came from.
Judge Kerner no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Kerner decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
Procedural preferences
Kerner treated summary judgment as improper where the record left a genuine factual question for a jury to resolve.
“the granting of summary judgment on this issue was improper.”
He insisted that juries be instructed on the governing law, not merely handed the statute, before deciding a case.
“A jury cannot be expected to know exactly what rights are guaranteed an individual under the Constitution and the failure to instruct the jury accordingly is error.”
Cautions
He scrutinized custodial interrogation closely, requiring warnings before evidence that itself established the offense could be compelled.
“we think that the defendant should have been given Miranda warnings before he was asked to produce his alien registration receipt card a second time.”
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 judgment of the District Court is affirmed.”
“the judgment of conviction is affirmed.”
“The judgment of the district court is affirmed.”
“For the foregoing reasons, we affirm.”
“Affirmed in part, reversed in part, modified and remanded.”
“For the foregoing reasons, we affirm.”
“the judgment of the district court is affirmed.”
Caseload & timing
From public federal docket records for this judge.
Circuit judges do not carry a single assigned trial caseload.
A historical record
Judge Kerner 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.