Walter Maximillian Bastian
Judge Bastian no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Bastian decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Bastian deferred to an agency's reasonable choice among competing regulatory interpretations.
“We cannot say that the Secretary’s choice of interpretation was unreasonable and, absent such a finding, we cannot disturb his decision.”
Procedural preferences
Bastian remanded when the record lacked testimony needed for an informed ineffective-assistance determination.
“We hold that the record in the present case, as in Campbell, must be remanded to the District Court so that it may be supplemented by the testimony of witnesses, including original trial counsel, to the end that the District Court may take such action as it deems proper in the light of the testimony.”
He required a concrete showing of prejudice before disturbing a conviction based on joinder.
“Further, no prejudice was shown by the joinder of these counts and, consequently, the court was not in error in refusing to grant the severance.”
Cautions
He treated the limited scope of administrative review as controlling even when the panel might have reached a different result independently.
“While the matter is not free from doubt, and we might well have reached a view contrary to that of the Board, we cannot say, having in mind the narrow scope of our review, that the record as a whole does not support the Board’s determination.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Order of Board in No. 13,394 set aside.”
“Order of Board in No. 13,406 affirmed.”
“Affirmed in part; reversed in part; and remanded to the District Court for further proceedings in accordance with this opinion.”
“The order of the Board will be modified to eliminate the above provisions relating to withdrawal of recognition of the union and the refund of dues and initiation fees, and, as so modified, will be enforced.”
“Enforced in part; remanded in part.”
Caseload & timing
From public federal docket records for this judge.
Not applicable to this circuit-court record.
A historical record
Judge Bastian 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.