Jesse Smith Henley

U.S. Court of Appeals for the Eighth Circuit circuit Retired 1997 · served 1975–1997 Appointed by Gerald Ford (Republican) 28 signed orders read

Judge Henley no longer hears cases. This profile is preserved as a historical record of how they ruled.

How Judge Henley decides

Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.

What persuades

Henley required administrative subpoena disputes to be narrowed to the material actually unavailable rather than rejected wholesale.

“We conclude that the district court’s blanket refusal to enforce the administrative subpoena was error.”

He treated the factual setting of a rescue as requiring careful, case-specific evaluation before instructing on assumption of risk.

“a rescue or attempted rescue presents unique facts requiring careful evaluation by the trial court”

Procedural preferences

He allowed travelers to amend customs declarations until an undeclared item was actually found.

“19 C.F.R. § 148.16 permits amendment up to the time an item is found.”

He required a real hearing when changed circumstances affecting an election agreement had received only cursory consideration.

“A careful examination of the record shows that Unifemme was at no time given a hearing on the withdrawal issue”

Cautions

He left issues committed to agency discretion for the agency to decide first.

“are questions initially committed to the discretion of the Board”

Signed rulings

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

United States v. Hemphill
544 F.2d 341 · 1976-11-08
Appeal (government appellant) Granted

“Accordingly, we reverse the judgment or order of the district court and remand the case with directions that the verdict be reinstated and judgment, including an appropriate sentence, entered thereon.”

National Labor Relations Board v. Unifemme, Inc.
570 F.2d 230 · 1978-01-11
Petition for review (National Labor Relations Board petitioner) Denied

“Accordingly, we deny the National Labor Relations Board’s application for enforcement of its order and vacate the election held on August 1, 1975.”

United States v. Naftalin
579 F.2d 444 · 1978-08-04
Appeal (defendant appellant) Granted

“The judgments of conviction are vacated and the indictment shall be dismissed.”

United States v. Phillips
607 F.2d 808 · 1979-10-24
Appeal (defendants appellants) Denied

“Therefore, the judgments appealed from are affirmed.”

Carpenters' District Council v. Anderson Cabinets
619 F.2d 776 · 1980-04-25
Appeal (cabinetmakers appellants) Denied

“Thus, it is clear that the award was authorized and that the judgment of the district court should be, and it is, affirmed.”

National Labor Relations Board v. International Union of Operating Engineers, Local 571
624 F.2d 846 · 1980-07-03
Petition for review (National Labor Relations Board petitioner) Granted

“We enforce the Board’s order in full.”

United States v. Rogers
639 F.2d 438 · 1981-01-30
Appeal (defendant appellant) Denied

“Having carefully reviewed all claims raised by appellant and finding them without merit, we affirm the judgment of the district court.”

Pet, Inc. v. National Labor Relations Board
641 F.2d 545 · 1981-04-03
Petition for review (employer petitioner) Granted

“Accordingly, we reverse the decision of the Board that the Union’s publicity activities fell within the proviso.”

United States v. Wolf
645 F.2d 665 · 1981-04-15
Appeal (defendant appellant) Denied

“After careful review of the record and consideration of the parties’ briefs, we conclude that the judgment of the district court should be, and it is, affirmed.”

United States v. One 1945 Douglas C-54 Aircraft
647 F.2d 864 · 1981-06-08
Appeal (aircraft claimant appellant) Denied

“Accordingly, we affirm the district court’s judgment dismissing Stumpff’s intervention.”

Marshall v. Boyd
658 F.2d 552 · 1981-05-18
Appeal (employer appellants) Granted

“We reverse the district court’s denial of appellants’ Rule 60 motion and vacate the judgment.”

Iowa Electric Light and Power Company v. Atlas Corporation
654 F.2d 704 · 1981-07-30
Appeal (Atlas Corporation appellant) Denied

“The judgment of the district court, denying without prejudice appellant’s motion for restitution, is affirmed.”

Caseload & timing

From public federal docket records for this judge.

Not applicable to this circuit-court record.

A historical record

Judge Henley 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.