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 here.

Court
U.S. Court of Appeals for the Seventh Circuit
Position
Circuit judge
Status
Deceased
Served
1968–1974
Appointed by
Lyndon B. Johnson (Democratic)
Commissioned
April 22, 1968
Education
Brown University, A.B., 1930; Trinity College, Cambridge, 1930-1931; Northwestern University School of Law, LL.B., 1934
Signed orders read
25

About Judge Kerner

Otto Kerner, Jr. was a judge of the United States Court of Appeals for the Seventh Circuit. Appointed by President Lyndon B. Johnson, Judge Kerner received a commission on April 22, 1968. Judge Kerner resigned on July 22, 1974.

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

In Campos-Serrano, Kerner reversed a conviction because agents sought the defendant’s alien-registration card a second time without Miranda warnings in a coercive setting.

“Since the warnings were not given, the forged card should not have been admitted into evidence.”

Signed rulings

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

John E. Bussell v. General Motors Corporation
16696 · 1968-08-21
Appeal (design claimant/appellant) Denied

“The judgment of the district court is affirmed.”

Shutter v. United States
16923 · 1969-01-27
Appeal (taxpayers/appellants) Denied

“The judgment of the District Court is affirmed.”

United States v. Palermo
16593, 16595, 16596, 16677 · 1969-04-03
Appeal (criminal defendants/appellants) Granted

“Remanded with directions.”

United States v. Horace Teasley
17133 · 1969-04-03
Appeal (criminal defendant/appellant) Denied

“the judgment of conviction is affirmed.”

Norton Manufacturing Corporation, a Corporation v. United States
17191 · 1969-04-18
Appeal (government/appellant) Denied

“The judgment of the district court is affirmed.”

James Demetrion v. William Edwards and Yellow Cab Company
17182 · 1969-08-04
Appeal (cab company/appellants) Denied

“Affirmed.”

Strauss v. Smith
16881, 17203 · 1969-09-08
Appeal (habeas petitioner/appellant) Denied

“For the foregoing reasons, we affirm.”

Blazon, Inc. v. Blazon Mobile Homes Corporation
17073 · 1969-09-12
Appeal (trademark holder/appellant) Denied

“For the foregoing reasons, we affirm.”

Bowe v. Colgate-Palmolive Co.
16624 to 16626, 16632 · 1969-09-26
Appeal (female employees/appellants) Granted in part

“Affirmed in part, reversed in part, modified and remanded.”

United States v. Maurice Friedman
17472 · 1969-10-09
Appeal (criminal defendant/appellant) Denied

“For the foregoing reasons, we affirm.”

Tamaron Distributing Corp. v. Weiner
17487 · 1969-11-07
Appeal (antitrust plaintiffs/appellants) Granted

“Reversed and remanded.”

United States v. Joseph Richard Wick
17301 · 1969-12-08
Appeal (criminal defendant/appellant) Denied

“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 here. If you're preparing for a matter, start from the court's current bench.