-28- V. Standard of Deference Due to General Findings of Fact and Credibility Determinations Contained in the STJ Report It is well settled that findings of fact and credibility determinations made by the judicial officer who presided over the trial of a case are presumed to be correct. Rule 183(d); Ballard v. Commissioner, 544 U.S. 40 (2005) (and cases cited therein). The axiom that deference must be given to the trial judge’s findings of fact is rooted in the view that the trial judge (1) is uniquely positioned to evaluate the credibility of witnesses, (2) brings experience and expertise to the fact-finding process, and (3) is normally the person most familiar with the record in a case. Anderson v. City of Bessemer, N.C., 470 U.S. 564, 575, 580 (1985); see Fed. R. Civ. P. 52(a), Advisory Committee Notes (1985 amendment). As previously discussed, the Courts of Appeals for the Eleventh Circuit and the Fifth Circuit remanded the Ballard and Lisle cases to this Court and directed that the recommended findings of fact in the STJ report are presumed to be correct “unless manifestly unreasonable”. Respondent concedes that, although the Court of Appeals for the Seventh Circuit did not articulate a particular standard for review in its remand of the Kanter cases, the Court should apply the same “manifestly unreasonable” standard in all of the cases consolidated herein. Although respondent disagrees that the “manifestly unreasonable” standard is the appropriate standard to be applied under new RulePage: Previous 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Next
Last modified: May 25, 2011