Curtis Dwight Wilbur
Judge Wilbur no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Wilbur decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Wilbur followed a long-standing agency construction of an ambiguous statutory term when he found no sufficient reason to depart from it.
“We find no reason for departing from this uniform construction by the Treasury Department.”
He treated an indictment tracking the statute and alleging both falsity and fraudulent purpose as sufficient to charge the offense.
“the present allegations that the registration was false and for a fraudulent purpose following the language of the statute are a sufficient charge of the statutory crime.”
Procedural preferences
Wilbur declined to consider evidentiary sufficiency when the issue had not been raised through a motion or requested findings in the trial court.
“This question was not raised in the trial court either by motion or by request for findings or conclusion of law, and, consequently, cannot be considered by us.”
He upheld the denial of a new trial when newly discovered evidence weakened credibility but did not eliminate otherwise sufficient proof.
“The proffered newly discovered evidence was not sufficient to make the denial of a new trial an abuse of discretion, since it tended only to lessen but did not destroy the credibility of evidence taken at trial, which was sufficient to sustain conviction.”
Cautions
Wilbur found an abuse of discretion when a court set aside a stipulated permanent injunction on its own motion despite neither party objecting to the decree.
“we hold that it is an abuse of discretion for a judge, of his own motion, to set aside the decree.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“judgment in this ease is reversed, with instructions to dismiss.”
“Upon the authority of these cases the judgment is reversed.”
Caseload & timing
From public federal docket records for this judge.
Not applicable to this circuit-court record.
A historical record
Judge Wilbur 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.