Montgomery Oliver Koelsch

U.S. Court of Appeals for the Ninth Circuit circuit Retired 1976 · served 1959–1976 Appointed by Dwight D. Eisenhower (Republican) 25 signed orders read

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

How Judge Koelsch decides

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

What persuades

In insurance disputes, Koelsch gave broad ordinary meaning to language covering losses 'arising from' a specified condition.

“The word 'arising' connotes, in ordinary usage, something broader than causation;”

For state jurisdiction on reservation land, he distinguished criminal prohibitions from civil regulatory schemes by the policy and enforcement structure of the state law.

“We conclude RCW Ch. 46.63 should be characterized as a civil, regulatory law.”

Procedural preferences

Koelsch required meaningful review of competency to plead guilty, not merely competency to stand trial.

“The scope of their examinations and the content of the opinions they expressed may be sufficient for the trial court to determine whether or not their opinions can support a finding that Seiling was competent to plead guilty as well as to stand trial.”

In union-discipline litigation, he treated a valid second proceeding as limiting damages when internal remedies had not been exhausted.

“The presumptively valid second proceeding thus serves to limit appellant’s claim for damages.”

Cautions

Koelsch treated fundamentally unfair government questioning as a due-process problem even when the self-incrimination clause did not supply the rule.

“We emphasize at the outset that affirmance is rested not on the self-incrimination clause, but rather on the due process clause of the Fifth Amendment.”

Signed rulings

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

Winkelman v. Blyth & Co.
· 1975-07-11
Appeal (appellant) Denied

“Affirmed.”

Circuit-Stik, Inc. v. Bishop Graphics, Inc.
· 1975-02-03
Appeal (appellant) Denied

“Affirmed.”

Doris R. COLLINS, Plaintiff-Appellant, v. UNITED AIR LINES, INC., Defendant-Appellee
· 1975-04-16
Appeal (appellant) Denied

“Affirmed.”

Charles Goodwin v. United States
· 1975-05-30
Appeal (appellant) Granted

“Reversed and remanded for entry of judgment for the United States.”

United States v. Ralph M. Crow
· 1987-08-11
Appeal (appellant) Denied

“AFFIRMED.”

Confederated Tribes of the Colville Reservation Lawrence Fry v. State of Washington Washington State Patrol George B. Tellivek
· 1991-07-05
Appeal (appellant) Granted

“REVERSED with directions to the District Court to grant Appellants the relief sought.”

Northern California Newspaper Guild Local 52 v. The Sacramento Union
· 1988-09-09
Appeal (appellant) Granted

“REVERSED AND REMANDED. No costs.”

Upper Snake River Chapter Of Trout Unlimited v. Hodel
· 1990-12-17
Appeal (appellant) Denied

“The district court's judgment is AFFIRMED.”

Winery, Distillery & Allied Workers Union, Local 186, Plaintiffs v. E & J Gallo Winery, Inc., Franzia Brothers Winery and Bronco Wine Company
· 1988-09-22
Appeal (appellant) Granted in part

“AFFIRMED IN PART, REVERSED IN PART. No costs.”

Joaquin T. Quijencio v. Immigration and Naturalization Service
· 1976-06-10
Petition for review (petitioner) Denied

“AFFIRMED.”

United States v. Walter Harris, Sr.
· 1976-06-16
Appeal (appellant) Granted

“Vacated and remanded with instructions to grant the motion, set aside the judgment of conviction and sentence, and permit the defendant to withdraw his plea of guilty and plead anew.”

United States v. Rose Wong
· 1976-06-01
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 Koelsch 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.