Oliver Deveta Hamlin Jr.

U.S. Court of Appeals for the Ninth Circuit circuit Retired 1963 · served 1958–1963 Appointed by Dwight D. Eisenhower (Republican) 25 signed orders read

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

How Judge Hamlin decides

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

What persuades

When administrative evidence conflicted, Hamlin looked for substantial evidence supporting the factfinder's resolution.

“However, the most that can be said is that, the medical reports are conflicting, and the trier of fact has resolved this conflict against the appellant. The findings of the hearing examiner are supported by substantial evidence.”

Hamlin upheld administrative findings after independently examining whether the testimony adequately supported the stated factual theory.

“After examining the testimony before the trial examiner, we are firmly convinced that there is ample and adequate evidence to support the finding that the strike was initiated in an effort to protest employee grievances and not in an attempt to compel recognition of the Machinists and that it was a protected activity.”

Procedural preferences

Hamlin treated finality as a threshold jurisdictional requirement and dismissed when claims remained unresolved.

“A final judgment in the district court is the necessary predicate for appellate jurisdiction in a case of this sort.”

Hamlin generally required trial-level preservation before considering a requested jury theory on appeal.

“No instructions upon the “procuring agent” theory were presented to the trial court and no objection was made by appellant to the instructions as given.”

Cautions

In search cases, Hamlin required a lawful reason for the initial inspection before applying the plain-view doctrine.

“We affirm, concluding that the police officers had a right to inspect the vehicle for the registration certificate, and that the introduction into evidence of the weapon, discovered in the exercise of this right of inspection, was proper under the “plain view” doctrine.”

Signed rulings

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

Berg v. Chicago, Milwaukee, St. Paul & Pacific Railroad
· 1963-06-21
Appeal (appellant) Denied

“Judgment affirmed.”

United States v. Federal Employees' Distributing Company
· 1963-10-24
Appeal (appellant) Granted

“The judgment of the district court is reversed”

Armando G. Galli v. Anthony J. Celebrezze, Secretary of Health, Education, and Welfare
· 1964-12-29
Appeal (appellant) Denied

“Judgment affirmed.”

Thomas T. Arnold v. United States
· 1964-11-10
Appeal (appellant) Denied

“Judgment affirmed.”

William W. Snow v. Clarence T. Gladden, Warden, Oregon State Penitentiary
· 1964-11-10
Appeal (appellant) Denied

“Judgment affirmed.”

Gottfried Seitz v. The Secretary of the Social Security Administration, Health, Education and Welfare Dept., Old-Age and Survivors Insurance Bureau
· 1963-08-01
Appeal (appellant) Denied

“Judgment affirmed.”

O'Leary v. Alaska Airlines
· 1964-08-28
Appeal (appellant) Moot / procedural

“Therefore, the judgment of the district court is vacated and the action is remanded with directions to set aside the awards of the deputy Commissioner on the ground that the issue of the claims to compensation have become moot.”

Kincaid & King Construction Company, Inc. v. United States
· 1962-02-21
Appeal (appellant) Moot / procedural

“The appeal is dismissed.”

Louis Smith v. United States
· 1963-08-16
Appeal (appellant) Granted

“The case is remanded to the District Court of Alaska with instructions to set aside appellant’s pleas of guilty to the Hawaii charges, to set aside the sentence imposed thereon, and to take such further proceedings as may be necessary.”

Eugene N. Hyde v. Robert Kennedy, Attorney General, Preston Smith, Warden
· 1962-04-02
Appeal (appellant) Denied

“The judgment of the district court is affirmed.”

Maria Crespo v. Fireman's Fund Indemnity Company and Fireman's Fund Insurance Company
· 1963-05-27
Appeal (appellant) Denied

“The judgment accordingly is affirmed.”

James Wiesenthal v. United States
· 1963-08-20
Appeal (appellant) Denied

“Accordingly, the order of the district court denying appellant’s petition is affirmed.”

Caseload & timing

From public federal docket records for this judge.

Not applicable to this circuit-court record.

A historical record

Judge Hamlin 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.