William Ball Gilbert
How Judge Gilbert rules, drawn from 25 signed orders. Every observation links to the order it came from.
Judge Gilbert no longer hears cases. This profile is preserved as a historical record of how they ruled here.
About Judge Gilbert
William Ball Gilbert was a judge of the United States Court of Appeals for the Ninth Circuit. Appointed by President Benjamin Harrison, Judge Gilbert received a commission on March 18, 1892. Judge Gilbert previously served on the United States Circuit Courts for the Ninth Circuit, commissioned there on March 18, 1892. Judge Gilbert served until death on April 27, 1931.
How Judge Gilbert decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Gilbert treated undisclosed evidence as incompatible with a fair administrative hearing when the affected person had no opportunity to answer it.
“there clearly is no warrant for basing decision, in whole or in part, -on confidential communications”
He construed uncertainty in a taxing statute in the taxpayer's favor.
“if there is doubt, it should be resolved in favor of the taxpayer.”
Procedural preferences
Gilbert applied the law-of-the-case doctrine when a party renewed an issue already decided on an earlier appeal.
“our prior judgment must be accepted as the law of the case on this appeal.”
In Paine, Gilbert declined to review the priority of a county tax claim because the record did not show that it had been filed or considered by the lower court at the hearing.
“It does not appear that on June 30, 1915, the time of the hearing in the court below, any claim for taxes had been filed or was considered by the court.”
Cautions
In Robbins v. United States, he found the alleged prosecutorial misconduct harmless because the evidence independently compelled the verdict.
“No possible misconduct on the part of the district attorney could have affected the conclusion which the jury was compelled to reach”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The judgment is accordingly reversed, and the cause is remanded, with instructions to entertain the petition and grant the writ, unless within such time as the judge of the court below shall deem reasonable proceedings be instituted against the appellant under the provisions of the law as we have construed them.”
“it is ordered that the judgment of the court below be reversed, and that this cause be remanded to the court below for a new trial.”
“The judgment is reversed, and the cause is remanded, with instructions to issue the writ.”
“the judgment of the court below is reversed, and the cause remanded to the court below, with instructions to remand the appellee to the custody of the officers from whom he was taken.”
“The judgment is reversed, and the cause is remanded to the court below, with instruction to remand the appellee to the custody of the officers from whom he was taken.”
“The judgment is reversed, and the cause is remanded for a new trial.”
“The judgment is reversed, and the cause is remanded, with instructions to sustain the demurrer.”
Caseload & timing
From public federal docket records for this judge.
Not applicable to this circuit-court record.
A historical record
Judge Gilbert 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.