Charles Merton Merrill
Judge Merrill no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Merrill decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In consent-search disputes, Merrill asked what the person reasonably would have done to secure the property if able to act personally.
“Under these circumstances the proper test, in our view, is whether what the officer did can be said to have been what appellee himself reasonably would have done had he been able to act for himself.”
For combination patents, he required an unusual or surprising result rather than a predictable assembly of familiar elements.
“Where a combination patent combines old elements, there is a requirement that the patent produce an unusual or surprising result in order to be nonobvious.”
Procedural preferences
Merrill required a concrete basis for contempt and an opportunity for the alleged contemnor to explain noncompliance.
“Without such a showing, we cannot be certain that a violation of the subpoena has occurred, and therefore cannot affirm the imposition of sanctions.”
When a defendant challenged use of a prior conviction at sentencing, Merrill required a hearing on counsel and waiver before allowing enhancement.
“Debevoise is entitled to a hearing upon the questions: (1) whether he was entitled to be provided with counsel; (2) if so, whether he had been so provided; and (3) if not, whether his right to counsel had been waived.”
Cautions
Where identity proof was weak and the alibi itself had weaknesses, Merrill required an instruction preventing the jury from treating failure to prove the alibi as affirmative evidence of guilt.
“Without such an instruction the weakness of the alibi could serve to add strength to the government’s proof of identity which otherwise might well have been felt by the jury to be insufficient.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Reversed and remanded with instructions that the motion to suppress be denied, and for further proceedings.”
“Reversed and remanded for vacating of judgment and further proceedings.”
“Judgment of conviction affirmed. Order of sentence vacated. Case remanded to the District Court for hearing.”
“In all respects, the sentence imposed upon Stewart is AFFIRMED.”
Caseload & timing
From public federal docket records for this judge.
Not applicable to this circuit-court record.
A historical record
Judge Merrill 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.