Sherman Minton
Judge Minton no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Minton decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Deference to the trier of fact: he applied clearly-erroneous review and would not reweigh evidence or disturb credibility determinations made below.
“We are not authorized to set aside the findings of the District Court unless they are clearly erroneous.”
Substance over label in statutory construction: he looked past a statute's nominal 'tax' label to its punitive operation, treating a confiscatory exaction on an unlawful transfer as a penal statute.
“We hold that this section of the statute under which this plaintiff was assessed is a penal statute and not a -tax statute.”
Procedural preferences
Strict issue-preservation: he refused to review the sufficiency of the evidence where the appellant had not moved for a directed verdict in the trial court, and treated a denied new-trial motion as generally unassignable as error.
“Since the defendant-appellant made no motion for a directed verdict, the insufficiency of the evidence cannot be raised here.”
Article III discipline: he declined to decide questions rendered moot while an appeal was pending, even when both sides asked the court to resolve the merits.
“We are not authorized to decide arguments but only “cases and controversies.””
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The motion of the defendant will be overruled, and the motion of the government to dismiss for want of prosecution is sustained. The appeal is dismissed.”
“The judgment is reversed with instructions to vacate the judgment in favor of Sidmon McHie on the counterclaim, and to enter judgment against him on his written agreement of February 1, 1939 as’ guarantor of the payment of said bonds.”
“The judgment of the District Court is reversed, with instructions to proceed in accordance with this opinion.”
“The judgment of the District Court is affirmed.”
“The record presents no question for review, and the judgment of the District Court is affirmed.”
“The appeal is dismissed.”
“We think the plaintiff was not entitled to claim the deduction, and that the deficiency was correctly determined. The judgment of the District Court is reversed.”
“There was no error in the judgment rendered by the District Court. The judgment is affirmed.”
“The judgment is reversed.”
“the judgment of the District Court is Affirmed.”
“The trial court did not err in overruling the defendant’s motion to dismiss for lack of jurisdiction, and the judgment of the District Court is affirmed.”
“The judgments of the District Court are affirmed.”
A historical record
Judge Minton 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.