Seth Shepard
Judge Shepard no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Shepard decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In the self-defense context presented, Shepard rejected an instruction that required the accused to retreat rather than stand his ground.
“One under such circumstances is not compelled to step aside, or to flee.”
For confusingly similar trademarks, he resolved reasonable doubt in favor of the prior owner.
“Any reasonable doubt in respect of this should be resolved in favor of the prior owner of the mark.”
Procedural preferences
Shepard treated extensions to plead and permission to amend defensive affidavits as discretionary once a defendant had appeared.
“After the appearance of defendant, the granting of additional time to plead and leave to amend affidavits was within the discretion of the court.”
He denied special interlocutory review when a final decree and regular appeal could provide an orderly path to review.
“There seems no good reason why the final decree should not be entered in the case, and the appeal regularly taken.”
Cautions
Shepard required a bill seeking equitable relief to allege an actual basis for equity jurisdiction rather than rely on errors remediable by appeal.
“There is no ground of equity jurisdiction alleged, and the decree must be affirmed, with costs.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“For these errors, the judgment is reversed, and the cause remanded for a new trial. Reversed and remanded.”
Caseload & timing
From public federal docket records for this judge.
Not applicable to this circuit-court record.
A historical record
Judge Shepard 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.