Abuse Of Discretion (Standard Of Review)

12,259 Florida cases classified under this topic, plus 1,650 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• United States v. de Soto
  885 F.2d 354· 7th Cir.· 1989-09-06 ·cited 24×
  The court held that the district court did not abuse its discretion in admitting Lieutenant Dailey's expert testimony regarding countersurveillance and document interpretation, nor in rereading trial testimony to the jury.
• Hurst v. United States & Don Hight
  882 F.2d 306· 8th Cir.· 1989-08-09 ·cited 24×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court held that the Corps' failure to issue a prohibitory order when aware of permit violations constituted a breach of a nondiscretionary duty under its own regulations, thus waiving sovereign immunity under the FTCA. The court also held that the admission of expert and lay
• United States v. Drews
  877 F.2d 10· 8th Cir.· 1989-06-08 ·cited 24×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court held that the district court did not abuse its discretion in admitting the substance and plea agreements, nor was it required to give a specific cautionary instruction regarding accomplice testimony, and the evidence was sufficient for conviction.
• McKENZIE v. Kennickell
  875 F.2d 330· D.C. Cir.· 1989-05-23 ·cited 24×
  The court held that a quality enhancement for attorney's fees was appropriate based on specific evidence of superior legal service, but a contingency enhancement was not warranted due to a misinterpretation of controlling legal standards.
• The United States v. Huff
  873 F.2d 709· 3d Cir.· 1989-05-10 ·cited 24×
  The court held that a defendant's guilty plea waives the right to challenge the voluntariness of statements, and that the sentencing guidelines' career offender provisions do not allow for acceptance of responsibility deductions.
• United States v. Foley
  871 F.2d 235· 1st Cir.· 1989-04-04 ·cited 24×
  The court held that the district court did not err in excluding portions of tape-recorded statements, in its Jencks Act ruling, or in admitting certain evidence, as the defendant failed to show prejudice in the bench trial.
• Hunt v. Nat'l Broad. Co., Inc.
  872 F.2d 289· 9th Cir.· 1989-04-03 ·cited 24×
  The court held that the district court did not abuse its discretion in denying the motion for a preliminary injunction to prevent the broadcast of a docudrama, as the plaintiff failed to meet the high burden required for a prior restraint on First Amendment rights.
• United States v. Boone
  869 F.2d 1089· 8th Cir.· 1989-03-06 ·cited 24×
  The court held that the district court did not abuse its discretion in denying the defendant's pre-sentence motion to withdraw his guilty plea, and affirmed the sentence imposed.
• United States v. Peterson
  867 F.2d 1110· 8th Cir.· 1989-02-10 ·cited 24×
  The court held that the evidence seized during both searches was admissible, the indictments were sufficient, the sentence for solicitation was proper, the firearm counts were not duplicative, the admission of a prior conviction was not an abuse of discretion, and sufficient evid
• United States v. Salvatore T. "Sam" Busacca
  863 F.2d 433· 6th Cir.· 1988-12-06 ·cited 24×
  The court held that a general unanimity instruction was sufficient for a conviction under 29 U.S.C. § 501(c) when the underlying act was clear, even if the jury could have reached the conviction via different theories of liability. The court also held that consistency between ver
• United States v. Ayer
  857 F.2d 881· 1st Cir.· 1988-09-26 ·cited 24×
  The court held that the district court did not abuse its discretion in denying the motion to dismiss for failure to serve within 120 days and in refusing to vacate the default judgments.
• United States v. Arango-Correa
  851 F.2d 54· 2d Cir.· 1988-06-27 ·cited 24×
  The court affirmed the convictions, holding that the defendants' consent to search was voluntary, the display of cocaine was not unduly prejudicial, the audiotapes were admissible despite some inaudible portions, and the drug records were properly admitted.
• Feldman v. Allegheny Int'l, Inc.
  850 F.2d 1217· 7th Cir.· 1988-06-17 ·cited 24×·via Abuse Of Discretion Standard For Denying Leave To Amend
  The court held that no binding contract was formed because the parties explicitly agreed that a definitive, executed agreement was necessary, and essential terms remained unresolved.
• United States v. Manos
  848 F.2d 1427· 7th Cir.· 1988-06-14 ·cited 24×
  The court affirmed the conviction, finding no abuse of discretion in the trial court's evidentiary rulings, denial of a continuance, or the prosecutor's closing argument.
• Burnette v. Dresser Indus., Inc.
  849 F.2d 1277· 10th Cir.· 1988-06-13 ·cited 24×
  The court held that appellants failed to preserve claims for design defects and that the pretrial order should not be modified to include manufacturing or design defect claims, but affirmed the denial of summary judgment for Dresser due to genuine issues of material fact regardin
• United States v. Wiley
  846 F.2d 150· 2d Cir.· 1988-05-06 ·cited 24×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court held that the evidence was insufficient to support Reynolds' conviction for aiding and abetting the SCS wire fraud scheme, reversing that conviction. Other convictions were affirmed.
• United States v. Cousins
  842 F.2d 1245· 11th Cir.· 1988-04-19 ·cited 24×
  The court held that the district court did not abuse its discretion in denying a mistrial based on a juror encounter and newspaper report, nor did it err in admitting rebuttal testimony concerning the defendant's prior drug use.
• United States v. Leon Hudson & Reginald Smith
  843 F.2d 1062· 7th Cir.· 1988-04-11 ·cited 24×
  The court held that the district court abused its discretion by admitting certain prior bad acts evidence and photographs that were not properly linked to the charged crime or were unduly prejudicial, requiring reversal of the convictions.
• Walter v. Fiorenzo
  840 F.2d 427· 7th Cir.· 1988-02-08 ·cited 24×
  The court affirmed the imposition of sanctions against plaintiffs' counsel under 28 U.S.C. § 1927 for needlessly multiplying proceedings and filing meritless claims.
• United States v. Olsowy
  836 F.2d 439· 9th Cir.· 1988-01-04 ·cited 24×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court held that the 'exculpatory no' defense does not apply to false statements made in support of a claim against the government, and that multiple convictions for identical false statements made in response to the same questions are impermissible.
• United States v. Dominguez
  835 F.2d 694· 7th Cir.· 1987-12-08 ·cited 24×
  The court affirmed the conviction, holding that the trial court did not err in admitting the defendant's post-arrest 'Felipe' admission and the INS application, nor was the prosecutor's rebuttal summation improper.
• United States v. Pace
  833 F.2d 1307· 9th Cir.· 1987-12-07 ·cited 24×·via Abuse Of Discretion In Limiting Cross-Examination
  The court held that the defendant's Sixth Amendment right to counsel had not attached at the time of his confession to a cellmate informant, and his Fifth Amendment rights were not violated as the informant was not a government agent and the confession was not part of a custodial
• United States v. Poschwatta
  829 F.2d 1477· 9th Cir.· 1987-10-13 ·cited 24×
  The court held that the evidence was sufficient to support the conviction for failure to file income tax returns and that the trial court did not abuse its discretion in its evidentiary rulings or procedural decisions.
• Tuthill v. State
  518 So. 2d 1300· Fla. 3d DCA· 1987-09-15 ·cited 24×
  Harold Tuthill appealed his resentencing after probation revocation, arguing the trial court improperly based its departure from sentencing guidelines on an unconvicted offense and that he was entitled to withdraw his election to be sentenced under the guidelines due to subsequen
• McCABE v. Arvon J. Arave
  827 F.2d 634· 9th Cir.· 1987-09-11 ·cited 24×
  Prison regulations are valid if reasonably related to legitimate penological interests, but content-based bans on literature advocating racial purity, without violence, are unconstitutional. Claims regarding facial hair and diets were not ripe.
• Cheek v. DOE
  828 F.2d 395· 7th Cir.· 1987-06-05 ·cited 24×
  The court affirmed the dismissal of the Bivens action but reduced the Rule 11 sanction imposed by the district court, while also imposing sanctions for the frivolous appeal.
• United States v. Salim Fakhoury
  819 F.2d 1415· 7th Cir.· 1987-05-26 ·cited 24×
  The court affirmed the appellant's convictions, finding sufficient evidence for attempted arson and mail fraud, and that the admission of prior misconduct evidence and prosecutorial remarks did not deny a fair trial.
• Sanchez v. Abner Solomon
  508 So. 2d 1264· Fla. 3d DCA· 1987-05-26 ·cited 24×
  The appellate court held that the trial court did not abuse its discretion in denying the motion to dissolve or modify the injunction freezing the disputed bank accounts.
• Nat'l Labor Relations Bd. v. W. Temp. Servs.
  821 F.2d 1258· 7th Cir.· 1987-05-20 ·cited 24×
  The court held that Western waived its due process claim regarding notice of the joint employer issue, and Classic was not prejudiced by the lack of notice. The court also found substantial evidence supported the NLRB's joint employer determination and bargaining unit definition.
• United States v. ST. Pierre
  812 F.2d 417· 8th Cir.· 1987-03-03 ·cited 24×
  The court held that the trial court did not err in its evidentiary rulings or in failing to appoint expert witnesses.
• Ruiz v. Lynaugh
  811 F.2d 856· 5th Cir.· 1987-02-23 ·cited 24×
  The court should explicitly endorse a flexible approach for modifying institutional reform consent decrees to guide district courts.
• Reinsurance Co. OF Am., Inc. v. Administratia Asigurarilor de Stat (Administration OF State Insurance)
  808 F.2d 1249· 7th Cir.· 1987-01-06 ·cited 24×
  The court held that the district court did not abuse its discretion in denying the motion for an extension of time to file a notice of appeal, as the defendant's actions did not demonstrate excusable neglect or good cause.
• Jackson v. Bowen
  807 F.2d 127· 8th Cir.· 1986-12-15 ·cited 24×
  The court held that the district court did not abuse its discretion in denying attorney's fees under the Equal Access to Justice Act because the Secretary's position in denying disability benefits was substantially justified.
• N. Alaska Env't Ctr. v. Hodel
  803 F.2d 466· 9th Cir.· 1986-10-23 ·cited 24×
  The court held that the district court did not abuse its discretion in granting a preliminary injunction barring mining operations until proper environmental analyses are performed, affirming the lower court's decision.
• Int'l Molders' & Allied Workers' Local Union NO. 164 v. Nelson
  799 F.2d 547· 9th Cir.· 1986-09-11 ·cited 24×
  The court held that while some provisions of the preliminary injunction were overly restrictive and exceeded Fourth Amendment particularity requirements, the injunction was generally warranted and the district court did not abuse its discretion in granting it.
• Balogh's OF Coral Gables, Inc. v. Getz
  798 F.2d 1356· 11th Cir.· 1986-09-09 ·cited 24×
  The court held that the trial court did not abuse its discretion in excluding a former employee's written statement under the residual hearsay exception, Fed.R.Evid. 803(24).
• Shepard Claims Serv., Inc. v. William Darrah & Assocs.
  796 F.2d 190· 6th Cir.· 1986-07-18 ·cited 24×
  The court held that denying a motion to set aside an entry of default is an abuse of discretion when the plaintiff suffers no prejudice and the defendant has a meritorious defense, unless the default resulted from willful failure to appear or plead.
• Ky. W. Va. GAS Co. v. Pa. Pub. Util. Comm'n
  791 F.2d 1111· 3d Cir.· 1986-06-02 ·cited 24×
  The court held that the district court erred in abstaining under Burford and Younger doctrines because the plaintiffs' preemption claims presented federal questions inappropriate for abstention and the procedural posture did not warrant Younger abstention.
• Ford B. Ford v. Hilario Alfaro
  785 F.2d 835· 9th Cir.· 1986-03-27 ·cited 24×
  The court held that the district court abused its discretion by imposing a preclusive sanction without proper notice and hearing, but this error was harmless. The court also reversed the finding that two employees were not unlawfully discharged and reversed the district court's f
• Rainey v. Beech Aircraft Corp.
  784 F.2d 1523· 11th Cir.· 1986-03-25 ·cited 24×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court is bound by precedent to exclude evaluative conclusions in a report under Fed.R.Evid. 803(8)(c).
• United States v. Peyro
  786 F.2d 826· 8th Cir.· 1986-03-17 ·cited 24×
  The court held that the trial court did not abuse its discretion in limiting cross-examination, admitting evidence of an unrelated conspiracy, or admitting testimony from a witness with memory issues, and that the prosecutor's improper comment about the defendant lying was not pr
• Suburban O'Hare Comm'n v. Dole
  787 F.2d 186· 7th Cir.· 1986-03-13 ·cited 24×
  The court held that it has exclusive jurisdiction to review the FAA's approval of the Airport Layout Plan, and that the substantial evidence test is the appropriate standard of review.
• Magallanes-Damian v. Immigr. & Naturalization Serv.
  783 F.2d 931· 9th Cir.· 1986-02-25 ·cited 24×
  The court held that a concession of deportability made by counsel, even if tactically unwise in hindsight, does not constitute ineffective assistance of counsel and binds the petitioners.
• United States v. Roberts
  779 F.2d 565· 9th Cir.· 1986-01-03 ·cited 24×
  The court held that the Navy's involvement in the drug interdiction did not require dismissal of the indictment or suppression of evidence, and the destruction of the vessel did not warrant suppression of secondary evidence.
• United States v. Fermin Enrique Bergouignan
  764 F.2d 1503· 11th Cir.· 1985-07-12 ·cited 24×
  The court remanded the Speedy Trial Act claims for Bergouignan and Godoy to the district court for a determination of excludable days, while affirming Simone's convictions.
• Moore v. City OF DES Moines
  766 F.2d 343· 8th Cir.· 1985-06-25 ·cited 24×
  The court held that the City failed to demonstrate the district court abused its discretion in awarding attorneys' fees and expenses, affirming the judgment.
• Schanen v. United States Dep't OF Just.
  762 F.2d 805· 9th Cir.· 1985-06-07 ·cited 24×
  The court held that the district court did not abuse its discretion in denying the government's motion for relief from judgment, nor was it required to consider new FOIA exemptions raised for the first time on appeal.
• Bennie M. Callip v. Harris Cnty. Child Welf. Dep't
  757 F.2d 1513· 5th Cir.· 1985-03-27 ·cited 24×
  The court held that the district court did not abuse its discretion in dismissing the case for want of prosecution, as there was a clear record of delay and contumacious conduct by the plaintiff's attorney, and lesser sanctions had proven futile.
• Purnell v. Mo. Dep't OF Corr.
  753 F.2d 703· 8th Cir.· 1985-02-01 ·cited 24×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court should affirm the district court's dismissal for failure to exhaust state remedies, as the state's concession of exhaustion was based on a mistake and thus ineffective.
• Higgins v. Martin Marietta Corp. & The United States
  752 F.2d 492· 10th Cir.· 1985-01-09 ·cited 24×
  The court held that the trial court did not err in its evidentiary rulings or jury instructions, and that substantial evidence supported the jury's verdict.