Homer Truett Bone

U.S. Court of Appeals for the Ninth Circuit circuit Retired 1970 · served 1944–1970 Appointed by Franklin D. Roosevelt (Democratic) 25 signed orders read

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

How Judge Bone decides

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

What persuades

Bone required charged conduct to fall within the federal obstruction statute before sustaining a criminal conviction.

“Appellant’s conduct, as portrayed in the indictment and clearly revealed in the evidence, did not constitute a violation of Section 1503, supra.”

He read Washington reformation law to permit relief for mutual mistake despite negligence by the party seeking correction.

“Where a mutual mistake is involved, we think that reformation may be granted under Washington law regardless of the negligence of the party seeking it.”

Procedural preferences

Bone treated a voluntary and intelligent choice of self-representation as a waiver that could not later support a Sixth Amendment complaint.

“When he takes such steps voluntarily and intelligently, he will not later be heard to complain that his Sixth Amendment rights have been impaired.”

He enforced exhaustion steps expressly made conditions precedent by a collective-bargaining agreement.

“The exhaustion of the steps set out in the contract were a condition precedent to his cause of action.”

Cautions

Bone narrowed an enforcement order when the employer's conduct did not justify a blanket restraint.

“Respondent’s activities are not so onerous as to require such a blanket provision.”

Signed rulings

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

Standard Ins. Co. v. Wisting
12330_1 · 1950-03-24
Appeal (appellant) Denied

“Judgment affirmed.”

Maureen Gardner v. J. J. Newberry Co., Inc.
15071 · 1956-12-07
Appeal (appellant) Moot / procedural

“For the reason above stated the appeal is dismissed, without prejudice, and the case is remanded for proceedings not inconsistent with this opinion.”

Robert Emmett Hoyt v. General Insurance Company of America, a Corporation
15400_1 · 1957-11-19
Appeal (appellant) Denied

“this Court must and does affirm the judgment of the lower court.”

Barnes v. United States
14179_1 · 1954-08-13
Appeal (appellant) Denied

“Judgment affirmed.”

Ole Fagerhaugh v. United States
14638 · 1956-04-24
Appeal (appellant) Granted

“The judgment is reversed with directions to enter a judgment of acquittal.”

Barker v. Southern Pac. Co.
13609 · 1954-08-10
Appeal (appellant) Denied

“The judgment is affirmed.”

Joe Larios v. P. J. Madigan, Warden
17650_1 · 1962-01-26
Appeal (appellant) Denied

“Affirmed.”

Richard Watts v. United States
16300 · 1960-01-22
Appeal (appellant) Denied

“Affirmed.”

Herring Magic, a Corporation v. United States
15736 · 1958-06-17
Appeal (appellant) Denied

“the judgment of the lower court must be and is affirmed.”

Dewey J. O'Brien v. United States
16335 · 1960-02-24
Appeal (appellant) Denied

“Affirmed.”

Julia Mae Thomas v. United States
15675_1 · 1958-02-05
Appeal (appellant) Denied

“The judgment of the lower court should be and is affirmed.”

Sam Blassingame v. United States
15430_1 · 1958-04-15
Appeal (appellant) Denied

“The judgment is affirmed.”

Caseload & timing

From public federal docket records for this judge.

Not applicable to this circuit-court record.

A historical record

Judge Bone 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.