Civil Litigation - Private: Wonderfully fair.
Wonderfully fair.
District
9 reviews
Wonderfully fair.
Not very astute at understanding law and inclined to be biased in his decisions.
I was representing myself in lawsuit & judgment case. The Plaintiff has a personal grudge against me and kept filing motion after motion. I was in no way equipped to deal with it and did not respond to any of it. However, Judge Presnell ruled on each and everyone of the bogus motions with case law etc and basically denied everything. Each of his rulings were detailed and many pages long. He spared me more court appearances. Eventually the Plaintiff realized he isn't getting anywhere and decided to move venue to a different court to get a different judge.
Another whopper of a case reversed and remanded. Presnell declared 18 U.S.C. § 2250 unconstitutional. This is the sex offender registration act. He declared "The Court finds that the adoption of the statute under which Defendant is charged violates Congress’ power under the Commerce Clause and is, therefore, unconstitutional." Accordingly, it is ORDERED that the Amended Motion to Dismiss the Indictment (Doc. 37) is GRANTED. Mr. Powers shall be released from the custody of the Bureau of Prisons and the Clerk is directed to close the file. The 11th circuit unanimously reversed citing US vs Ambert as controlling something Judge Presnell couldn't find or bother to look up. this Judge is dangerous. Case number 07-00221-CR-ORL_31 (08-12764)
What a pleasure to be in his court - he makes plenty of rulings with which I disagree, but he always strives to be fair and is a smart man.
Judge Presnell can sometimes be hot and sometimes not. He is hardworking, even-handed in court, and inclined to take a hard look at the more interesting cases. But then some of his orders really lack luster (and reasoning). He tends to be a bit pro-defendant in criminal matters.
Judge Presnell is a hard working judge who attempts to get the right result. Very fair and genuine.
Very impressed. Was willing to take a look at the issues, including complex ones in order to come up with the right outcome. Was not predisposed to favor "hometown" firms.
Judge presnell has been burned by misformation from the government and probation so he is happy to scrutinize anything either says. He wasone of the first torule that the sentencing guidelines were unconstitutional. He regularly departs downward for street dealers who score as career offenders. On the other hand, he thinks the sentencing guidelines for white collar crimes are too lenient.