William D. Gerdes

How Judge Gerdes rules, drawn from 2 signed orders. Every observation links to the order it came from.

Judge Gerdes no longer sits on this court. This profile is preserved as a historical record of how they ruled here.

Court
United States District Court for the District of South Dakota
Position
Magistrate judge
Status
Left this court 2021
Served
2009–2021
Commissioned
February 27, 2009
Signed orders read
2

About Judge Gerdes

William D. Gerdes served as a part-time United States magistrate judge in the District of South Dakota from February 2009 until May 2021. Based in Aberdeen, he also practiced law and handled preliminary criminal matters and referred proceedings on the federal bench.

How Judge Gerdes decides

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

What persuades

In United States v. Swimmer, his adopted suppression recommendation found the defendant's vehicle interview noncustodial, so no Miranda warning was required.

“White's interview of the defendant on November 30, 2011, was not a custodial situation when viewed in light of those factors. ... Therefore, there was no requirement that White advise defendant of his Miranda rights.”

Procedural preferences

In Horne v. United States, he conducted the initial Rule 4 review of the section 2255 motion and held the requested relief moot.

“I have conducted an initial consideration of the motion, as required by Rule 4 of the Rules Governing Section 2255 Proceedings for the United States District Courts. ... his motion to vacate his revocation sentence is also moot.”

In United States v. Standing Crow, his denial of the defendant's motion to dismiss a contempt information was affirmed by the district judge.

“The order of United States Magistrate Judge William D. Gerdes denying the defendant's motion to dismiss is affirmed.”

Signed rulings

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

United States v. Dustin Swimmer
1:12-cr-10039-WDG (consolidated with 1:12-cr-10015) · 2012-11-29
Motion to suppress (defendant) Denied

“The report and recommendation, Doc. 211 in CR 12-10015 and Doc. 71 in CR 12-10039 is adopted. ... The motions, Doc. 149 in CR 12-10015 and Doc. 39 in CR 10039, to suppress are denied.”

United States v. Carol Standing Crow
1:15-cr-10003-WDG · 2015-08-06
Motions to dismiss (defendant) Denied

“The order of United States Magistrate Judge William D. Gerdes denying the defendant's motion to dismiss is affirmed.”

Caseload & timing

From public federal docket records for this judge.

Median motion-to-ruling time: 54 days (N = 1).

Pending matters in the official report

Judge Gerdes was last listed in the Civil Justice Reform Act report as of March 31, 2021.

Motions pending more than six months0
Bench trials submitted more than six months0
Bankruptcy appeals pending more than six months0
Social Security appeals pending more than six months0
Civil cases pending more than three years0
ReportMotions over six monthsCases over three years
Mar 202100
Sep 202000

A snapshot on that date: matters listed may since have been decided or reassigned. A motion referred to a magistrate judge is counted for both judges. Motions in multidistrict litigation, section 2255 cases and Social Security appeals are not counted, and a very large three-year count is generally a multidistrict docket. Source: Appendix A of the report (PDF); about the report.

A historical record

Judge Gerdes no longer sits on this court. 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.