William D. Gerdes

United States District Court for the District of South Dakota magistrate 1 signed orders read

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 suppression analysis Gerdes applies the Eighth Circuit's Griffin custody factors and the Bordeaux 'interview in a vehicle is noncustodial' line: where the suspect is told he will not be arrested, the door is unlocked, and the interview is short, no Miranda warning is required and statements need only meet the voluntariness ('overborne will') standard.

“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

On petty-offense/Class-A-misdemeanor prisoner 2255 motions where he is the magistrate of record (18 U.S.C. 3401), Gerdes conducts the Rule 4 initial consideration himself and dismisses where the claim is procedurally barred or moot -- e.g. denying a 2255 as moot once the relief sought (release / time-served credit) had already been granted by the BOP, and noting that a collateral challenge cannot substitute for a direct appeal.

“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.”

Motion outcomes

Counted from classified signed orders only. Percentages are shown only where the sample is large enough to be meaningful; smaller samples are reported as raw counts.

Motion to suppress
N = 1
Denied: 1 counts only

A "1 of 1" is one ruling, not a tendency. Treat small samples as illustrative, not predictive.

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.”

Caseload & timing

From public federal docket records for this judge.

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