Charles Joseph Vogel
How Judge Vogel rules, drawn from 28 signed orders. Every observation links to the order it came from.
Judge Vogel no longer hears cases. This profile is preserved as a historical record of how they ruled here.
About Judge Vogel
Charles Joseph Vogel was a judge of the United States Court of Appeals for the Eighth Circuit. Appointed by President Dwight D. Eisenhower, Judge Vogel received a commission on August 20, 1954. Judge Vogel previously served on the United States District Court for the District of North Dakota, commissioned there on October 30, 1941. Judge Vogel assumed senior status on February 20, 1968 and served until death on September 8, 1980.
How Judge Vogel decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In Vineyard v. Gardner, Vogel affirmed denial of Social Security disability benefits because the Secretary’s findings and reasonable inferences were supported by substantial evidence on the record before the court.
“We hold here that the findings of the Secretary and the reasonable inferences drawn therefrom are amply supported by substantial evidence and are, therefore, conclusive.”
In Edwards v. Swenson, Vogel reversed and remanded for federal merits review because requiring the habeas petitioner to pursue another Missouri procedure would have been useless.
“In our opinion, it would be a useless procedure to force the appellant here to comply with the provisions of the Supreme Court of Missouri Rule 27.26.”
In St. Louis Car Division v. NLRB, Vogel denied enforcement of the Board’s order after finding that the record as a whole did not support its findings of unlawful interrogation, threats, or benefits intended to influence employees during a union campaign.
“In all, none of the violations found by the Board is sustainable on this record.”
Procedural preferences
He applies plain-error review cautiously when trial counsel did not preserve an objection.
“The plain error rule should be applied with caution and should be invoked only to avoid a clear miscarriage of justice.”
He reads jury instructions as a whole and does not isolate a single phrase from the complete charge.
“Instructions must be viewed in their entirety rather than in isolated segments.”
He distinguishes errors from reversible errors by asking whether the challenged ruling caused actual prejudice in the full evidentiary record.
“If error be committed, it must of necessity be prejudicial before the actions of the trial court will be reversed.”
Cautions
A party who fails to object to a confession ordinarily cannot demand a separate voluntariness hearing without exceptional circumstances.
“By inference we conclude that a defendant, failing to object, is entitled to no hearing on voluntariness, absent the exceptional circumstances suggested in United States v. Taylor”
In Kerber v. American Machine & Foundry, Vogel affirmed judgment for the manufacturer because the machine’s danger was open, known, and avoidable under Missouri law.
“Under the controlling law of the State of Missouri plaintiff may not recover against the manufacturer.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“We accordingly modify the judgment by showing the set-off figure to be correct at $10,885.94, and as so modified the judgment is in all things affirmed.”
“This case is reversed and remanded to the District Court for a determination on the merits.”
“Reversed as to Count II, affirmed as to Count I.”
“The decision and order of the District Court are in all respects affirmed.”
“No reasonable doubt can be found herein, and accordingly this case is affirmed.”
Caseload & timing
From public federal docket records for this judge.
Not applicable to this circuit-court record.
A historical record
Judge Vogel 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.