Shackelford Miller Jr.
How Judge Miller rules, drawn from 25 signed orders. Every observation links to the order it came from.
Judge Miller no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Miller decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
The court preserved a wage action for trial where competing affidavits exposed genuine factual disputes.
“A motion to dismiss can not be used as a substitute for a trial on the merits.”
A prior criminal acquittal and statutory text controlled allocation of condemnation proceeds and related property rights.
“valid provisions contained in contractual obligations can be nullified and rendered inoperative by acts of the Federal Government under its constitutional power.”
Procedural preferences
Discovery tools, rather than a bill of particulars, were the preferred way to obtain transaction details.
“the recognized and better practice under federal procedure to obtain this information by proper and timely use of the provisions of Rule 26”
A defendant had to request a jury poll at trial or waive that right.
“While he had a right to have the jury polled, yet a failure to make such a request is a waiver of that right.”
Cautions
Reconsideration and amended findings did not require the court to detail every evidentiary fact where ultimate findings were sufficient.
“It is only necessary that the Court make a finding on the essential and ultimate facts presented by the record.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Plaintiff’s motion is sustained.”
“The motion for a jury trial is sustained.”
“Plaintiff’s motion to strike the amended answer is overruled.”
“Plaintiff’s motion to strike is overruled.”
“The defendant’s motions are accordingly overruled.”
“for the reasons indicated therein this motion is overruled.”
“Its motion for a bill of particulars is overruled.”
“Defendant’s motions to strike are overruled.”
“Defendant’s motion to dismiss is sustained.”
“Defendants’ motion to dismiss the complaint is sustained.”
“the petitions of the trustee and the creditor to review the order of June 22, 1944 are dismissed, and said order is affirmed.”
“the petition of the bankrupt to review this order of June 22, 1944 is also dismissed and said order is approved.”
“The motion of the defendant Farmers National Bank of Lebanon, Kentucky, executor of the estate of George W. Dant to dismiss the action as against it is sustained.”
“Defendants’ motion to dismiss is overruled.”
Caseload & timing
From public federal docket records for this judge.
The reviewed decisions include wartime price control, tax, condemnation, bankruptcy, labor, insurance, transportation, and criminal matters. No electronic records are available to quantify the tenure.
A historical record
Judge Miller 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.