Robert Boochever

How Judge Boochever rules, drawn from 26 signed orders. Every observation links to the order it came from.

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

Court
U.S. Court of Appeals for the Ninth Circuit
Position
Circuit judge
Status
Deceased
Served
1980–2011
Appointed by
Jimmy Carter (Democratic)
Commissioned
June 18, 1980
Education
Cornell University (B.A., 1939); Cornell Law School (LL.B., 1941)
Signed orders read
26

About Judge Boochever

Robert Boochever was a judge of the United States Court of Appeals for the Ninth Circuit. Appointed by President Jimmy Carter, Judge Boochever received a commission on June 18, 1980. Judge Boochever assumed senior status on June 10, 1986 and served until death on October 9, 2011.

How Judge Boochever decides

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

What persuades

Allows debtors to amend an exemption schedule after discharge while the Chapter 7 case remains open, absent a showing of bad faith or prejudice to creditors.

“A case is not closed simply because a discharge of the debtor has been granted.”

Procedural preferences

When an unrepresented litigant’s competence is substantially in doubt, requires protective steps before imposing dismissal with prejudice for noncompliance.

“when a substantial question exists regarding the competence of an unrepresented party the court may not dismiss with prejudice for failure to comply with an order of the court.”

Cautions

Declines to use a criminal suppression finding to bar a later civil challenge when the finding was neither final nor necessary to the acquittal.

“Not only was the court’s finding regarding the voluntariness of the confession not final, it was not essential to any final judgment in the case.”

Signed rulings

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

Johnny Pflocks, Inc. v. Firestone Tire & Rubber Co.
· 1980-12-29
Appeal (Plaintiff-appellant Johnny Pflocks, Inc.) Moot / procedural

“The motion is granted4 and the appeal is dismissed.”

United States v. Flores-Elias
· 1981-07-17
Appeal (Criminal defendant-appellant Flores-Elias) Denied

“The judgment of conviction is AFFIRMED.”

United States v. Castaldo
· 1981-11-23
Appeal (Defendant-appellant Castaldo) Denied

“The district court's order is AFFIRMED.”

Bubbling Well Church of Universal Love, Inc. v. Commissioner
· 1981-11-27
Appeal (Taxpayer-appellant Bubbling Well Church of Universal Love, Inc.) Denied

“The decision of the Tax Court is affirmed.”

Dawn v. Commissioner of Internal Revenue
· 1982-04-30
Appeal (Taxpayer-appellant Dawn) Denied

“AFFIRMED.”

Smith v. Commissioner of Internal Revenue
· 1983-03-16
Appeal (Taxpayer-appellant Smith) Denied

“The judgment is AFFIRMED.”

Curtis Thorns and Josie Thorns v. Sundance Properties, a Nevada Partnership
· 1984-02-28
Appeal (Plaintiff-appellants Curtis and Josie Thorns) Granted

“The summary judgment is reversed and the case is remanded.”

Kirby v. Donovan
· 1984-05-03
Petition for review (Claimant-petitioner Kirby) Granted

“The decision of the Secretary is reversed and the case is remanded.”

United States v. James S. Campbell
· 1984-05-08
Appeal (Defendant-appellant James S. Campbell) Denied

“AFFIRMED.”

United States v. Lloyd George Kenney
· 1986-05-13
Appeal (Defendant-appellant Lloyd George Kenney, challenging a restitution order imposed as a condition of parole after a bank robbery conviction) Granted in part

“AFFIRMED IN PART; VACATED IN PART.”

United States v. John Osif
· 1986-05-20
Appeal (Defendant-appellant John Osif, seeking enforcement of a previously rejected ten-year plea offer) Denied

“AFFIRMED.”

United States v. Manuel Baker
· 1986-06-03
Appeal (Defendant-appellant Baker, challenging the denial of his motion to withdraw his guilty pleas to tax evasion and narcotics distribution) Denied

“AFFIRMED.”

A historical record

Judge Boochever no longer hears cases. This profile stays available as a record of how they ruled here. If you're preparing for a matter, start from the court's current bench.