Frank Sigel Dietrich

U.S. Court of Appeals for the Ninth Circuit circuit Retired 1930 · served 1927–1930 Appointed by Calvin Coolidge (Republican) 25 signed orders read

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

How Judge Dietrich decides

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

What persuades

In a bench trial, Dietrich treated improperly admitted evidence as harmless when the findings were supported by independent, properly framed testimony.

“The error was without prejudice.”

When reviewing attorney discipline, he matched the sanction to the demonstrated conduct and rejected permanent professional exclusion for an isolated lapse.

“we are of the view that censure and a required apology in eourt would have constituted adequate punishment.”

Procedural preferences

Dietrich treated a new-trial motion as primarily committed to the trial judge and generally outside appellate review absent a recognized exception.

“A motion for a new trial is ordinarily addressed to the sound discretion of the trial court, and with limited exceptions its action thereon is not reviewable.”

He gave preclusive effect to a prior adjudication when the court had jurisdiction over both the parties and the subject matter.

“To hold otherwise would be to scuttle the whole doctrine of judicial estoppel.”

Cautions

On immigration credibility records, Dietrich would not substitute appellate judgment unless the officers' decision was arbitrary, capricious, or unreasonable.

“we are unable to say that the immigration officers acted arbitrarily, capriciously, or unreasonably in declining to believe applicant and his two brothers”

Signed rulings

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

Mah Ket v. Weedin
· 1930-03-17
Appeal (appellant (habeas petitioner)) Denied

“Affirmed.”

Cvitzkovich v. United States
· 1929-11-12
Appeal (appellant (criminal defendant)) Denied

“Affirmed.”

Carr v. Zaja
· 1930-02-17
Appeal (appellant (Director of Immigration)) Denied

“Accordingly, the judgment is affirmed.”

Sacramento Suburban Fruit Lands Co. v. Curtis
· 1929-12-17
Appeal (appellant (defendant land company)) Granted

“the judgment must be reversed.”

Jones v. Jones
· 1929-11-25
Appeal (appellants) Denied

“Accordingly, the judgment will be affirmed.”

Allen & Robinson, Ltd. v. Inter-Island Steam Nav. Co.
· 1929-08-12
Appeal (appellants) Granted

“Beversed and' remanded, with directions-to award to appellants full damages resulting both from the collision and the stranding;, costs to appellants.”

Laurence A. Sweet Mfg. Co. v. Miller & Pardee, Inc.
· 1930-06-02
Appeal (appellants (accused infringers)) Denied

“Affirmed.”

McCarthy v. Bloedel Donovan Lumber Mills
· 1930-03-24
Appeal (appellants) Denied

“With that addition, the decree will be affirmed ; costs to appellee.”

United States v. Union Gap Irr. Dist.
· 1930-03-17
Appeal (appellant (United States)) Granted

“Reversed, with directions to set aside the decree”

Tse Yook Kee v. Weedin
· 1929-11-25
Appeal (appellant (habeas petitioner)) Denied

“Accordingly, the order appealed from will be affirmed.”

Quan Jue v. Nagle
· 1929-10-28
Appeal (appellant (habeas petitioner)) Denied

“Affirmed.”

Sacramento Suburban Fruit Lands Co. v. C. A. Wagner
· 1930-05-19
Appeal (appellant (defendant land company)) Granted

“Reversed, with directions to grant a new trial.”

Caseload & timing

From public federal docket records for this judge.

Not applicable to this circuit-court record.

A historical record

Judge Dietrich 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.