Burden Of Persuasion

647 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Hill v. Miss. State Emp. Serv.
  918 F.2d 1233· 5th Cir.· 1990-12-13 ·cited 3×
  The court held that an agency's inefficiency, budget limitations, or bureaucratic processes are not legitimate nondiscriminatory reasons for disparate treatment based on race.
• Sherman v. Immigr. & Naturalization Serv.
  350 F.2d 894· 2d Cir.· 1966-01-17 ·cited 3×
  The court held that while deportation proceedings are civil, due process requires the Government to prove the facts upon which deportation depends beyond a reasonable doubt when deporting a long-time resident alien. The court reversed the deportation order and remanded the case f
• Gervas v. Gazul Producciones SL Unipersonal
  358 So. 3d 1257· Fla. 3d DCA· 2023-03-29 ·cited 2×
  The court affirmed summary judgment that Gervas was overpaid $307,848.77 in compensation, but reversed and remanded the judgment fixing damages for conversion of concert tour proceeds because conflicting witness declarations and unresolved tax liability questions created genuine
• Petro Welt Trading Ges.m.b.h v. Brinkmann
  336 So. 3d 881· Fla. 2d DCA· 2022-04-29 ·cited 2×
  The appellate court denied a petition for certiorari review of a trial court's order regarding deposition notices and protective orders. The court found no departure from the essential requirements of law because the trial court's decision predated the adoption of a new Apex Doct
• In re STANDARD JURY INSTRUCTIONS IN CRIM. CASES-REPORT 2017-12.
  249 So. 3d 554· Fla.· 2018-07-12 ·cited 2×
  The Florida Supreme Court authorized amendments to standard jury instructions for criminal cases involving sexual offender and sexual predator registration requirements, updating them to reflect recent statutory changes enacted by the Legislature in 2016 and 2017.
• Heard v. Perales
  247 So. 3d 533· Fla. 4th DCA· 2018-05-16 ·cited 2×
  A trial court does not abuse its discretion in imputing minimum wage income to an unemployed parent where competent evidence establishes voluntary unemployment, the parent's ability to work despite claimed disabilities, and inadequate job search efforts. Once voluntary unemployme
• Levy Cnty. Transit/Gallagher Bassett Servs. v. Kokenzie
  220 So. 3d 1251· Fla. 1st DCA· 2017-06-14 ·cited 2×
  The court held that the Judge of Compensation Claims' finding of no intentional misrepresentation was supported by evidence, but the award of temporary partial disability benefits was not supported by competent, substantial evidence regarding the major contributing cause of the i
• Yacoub v. State
  85 So. 3d 1179· Fla. 4th DCA· 2012-04-18 ·cited 2×
  Christina Yacoub was charged with felony DUI based on two prior misdemeanor DUI convictions within ten years. The court reversed her felony conviction because the state failed to prove that Yacoub was provided counsel or validly waived her right to counsel for one of the prior mi
• Grooms v. Serv. MAX Delivery & Installation, Inc.
  953 So. 2d 624· Fla. 1st DCA· 2007-03-28 ·cited 2×
  The court held that the trial court departed from the essential requirements of law by allowing a compulsory neuropsychological examination without a videographer, as the respondent failed to meet the two-prong test for excluding a third party.
• Becraft v. State
  910 So. 2d 413· Fla. 4th DCA· 2005-09-21 ·cited 2×
  Michael Becraft appeals his convictions for sexual battery and sexual activity with a minor, challenging the admission of collateral crime evidence and the striking of an African-American juror during voir dire. The appellate court affirmed the convictions, finding the evidentiar
• Tatum v. State
  857 So. 2d 331· Fla. 2d DCA· 2003-10-15 ·cited 2×
  John Wayne Tatum was convicted of RICO based on dealing in stolen property. The Florida Second District Court of Appeal reversed and remanded for a new trial because the trial court improperly gave a special jury instruction based on Florida Statute § 812.022(4) without establish
• Bilzerian v. Sec. & Exch. Comm'n (In Re Bilzerian)
  276 B.R. 285· M.D. Fla.· 2002-04-02 ·cited 2×
  The court affirmed the Bankruptcy Court's dismissal of the Chapter 7 case, holding that 'cause' under 11 U.S.C. § 707(a) can include pre-petition conduct aimed at frustrating judicial processes and that the debtor's actions constituted such cause.
• In re Scrap Metal Buyers of Tampa, Inc.
  253 B.R. 103· M.D. Fla.· 2000-08-31 ·cited 2×
  The court held that the bankruptcy court's adoption of a rebuttable presumption standard for awarding attorneys' fees under 11 U.S.C. § 303(i)(1) was appropriate, and that the petitioning creditors had met their burden to show fees were not warranted.
• Gary v. State
  775 So. 2d 335· Fla. 2d DCA· 2000-08-25 ·cited 2×
  Calvin Gary appealed the denial of his rule 3.850 postconviction motion claiming ineffective assistance of counsel for failing to object to a confusing jury instruction on attempted burglary. The appellate court found Gary's claim facially sufficient and reversed, holding that th
• Dontavio Johnson v. State
  752 So. 2d 61· Fla. 2d DCA· 2000-02-04 ·cited 2×
  The court held that the trial court's summary denial of the defendant's claims of ineffective assistance of counsel was improper due to an incomplete record.
• Keke Kahn and Richard Kahn v. Villas at Eagles Point Condo. Ass'n, Inc.
  693 So. 2d 1029· Fla. 2d DCA· 1997-05-14 ·cited 2×
  The Kahns appealed a trial court judgment requiring removal of an unapproved deck built on their condominium unit and awarding the Association attorneys' fees. The court affirmed, holding that in condominium arbitration disputes, the arbitration decision is admissible in the de n
• United States v. Isirov
  986 F.2d 183· 7th Cir.· 1993-02-12 ·cited 2×
  The court held that the district court did not err in calculating the drug amount or imposing a leadership enhancement, as the defendant failed to meet his burden of production to challenge the PSR's findings.
• Cebollero v. Commissioner OF Internal Revenue
  967 F.2d 986· 4th Cir.· 1992-06-19 ·cited 2×
  The court held that the tax court did not err in refusing to shift the burden of proof to the Commissioner and in admitting evidence of the revenue agent's telephone call.
• Rona Fields v. Clark Univ.
  966 F.2d 49· 1st Cir.· 1992-06-11 ·cited 2×
  The court held that the district court did not err in finding that the plaintiff failed to establish a prima facie case of sex discrimination under Title VII, and thus affirmed the judgment for the defendant university.
• DeLuna v. Valiant Ins.
  792 F. Supp. 790· M.D. Fla.· 1992-06-08 ·cited 2×
  A plaintiff is not entitled to uninsured motorist benefits if they are not covered under the policy's general liability provisions for the specific accident at issue, and the statutory notice requirement for UM limitations is irrelevant if the plaintiff is not entitled to notice
• Gould, Inc. v. Mitsui Mining & Smelting Co.
  947 F.2d 218· 6th Cir.· 1991-10-22 ·cited 2×
  The majority erred in establishing jurisdiction under the FSIA by relying on facts unsupported by or contrary to the magistrate judge's findings.
• In re Grand Jury Proceedings. United States v. DOE
  943 F.2d 132· 1st Cir.· 1991-08-29 ·cited 2×
  A witness's fear for personal or family safety, even when combined with medical concerns, does not constitute just cause to refuse a court order to testify before a grand jury, especially when protective measures are offered and rejected.
• Borchers v. Commissioner OF Internal Revenue
  943 F.2d 22· 8th Cir.· 1991-08-23 ·cited 2×
  A noncorporate lessor must demonstrate that the realistic contemplation of the parties was for the lease term to be less than 50% of the property's useful life to qualify for an investment tax credit.
• United States v. Smith
  939 F.2d 9· 2d Cir.· 1991-07-22 ·cited 2×
  The court held that the district court's refusal to instruct the jury on all elements of the charged offenses was reversible error.
• Cordes v. State
  582 So. 2d 652· Fla. 1st DCA· 1991-06-11 ·cited 2×
  Leonard Cordes appealed the Department of Environmental Regulation's denial of his permit renewal application to operate a wastewater treatment facility at a nursing home in Florida. The appellate court affirmed the denial, finding that Cordes failed to meet regulatory requiremen
• Slavin v. Commissioner OF Internal Revenue
  932 F.2d 598· 7th Cir.· 1991-05-02 ·cited 2×
  The Tax Court erred in vacating its decision based solely on affidavits without an evidentiary hearing, as the wife's delegation of tax matters to her husband could grant him authority to hire counsel on her behalf.
• State v. Crafton
  575 So. 2d 777· Fla. 5th DCA· 1991-03-07 ·cited 2×
  The court held that a motion to dismiss an information under Rule 3.190(c)(4) must contain specific, sworn factual allegations, and if it does not, the burden of persuasion does not shift to the state.
• Canitia v. Yellow Freight Sys., Inc.
  903 F.2d 1064· 6th Cir.· 1990-05-22 ·cited 2×
  The court held that the plaintiff failed to present sufficient evidence to create a genuine issue of material fact regarding retaliatory discharge, affirming the grant of summary judgment for the employer.
• Gatlin v. State
  556 So. 2d 772· Fla. 1st DCA· 1990-02-08 ·cited 2×
  Willie Gatlin appealed his cocaine possession conviction, challenging jury instructions on permissive presumptions regarding knowledge of drug possession. The Florida appellate court affirmed, holding that the instruction using permissive language ('may infer') did not create an
• Smart v. Leeke
  873 F.2d 1558· 4th Cir.· 1989-05-04 ·cited 2×
  The court held that the burden of persuasion for self-defense, as defined by South Carolina law, cannot constitutionally be placed on the defendant because it negates an element of the crime rather than being an affirmative defense.
• United States v. Perez-Franco
  839 F.2d 867· 1st Cir.· 1988-02-23 ·cited 2×
  The court held that the district court did not err in ordering pretrial detention, as the defendants failed to rebut the statutory presumption of flight risk for major drug offenses.
• Lucas v. Dole
  835 F.2d 532· 4th Cir.· 1987-12-23 ·cited 2×
  The court held that the plaintiff presented sufficient evidence to establish a prima facie case of reverse discrimination under Title VII, despite the job not remaining open.
• McCANDLESS v. Beyer
  835 F.2d 58· 3d Cir.· 1987-12-08 ·cited 2×
  The court held that the permissive presumption statute N.J.S.A. 2C:39-2b, which allows a jury to presume the absence of a carrying permit from possession of a firearm, does not violate due process because there is a rational connection between the basic and ultimate facts presume
• Boudreaux v. Helena-West Helena Sch. Dist.
  819 F.2d 854· 8th Cir.· 1987-05-27 ·cited 2×
  The court held that the plaintiff failed to prove the school district's articulated reason for not hiring her was pretextual, and the district court's findings were not clearly erroneous.
• Standard Furniture & Underwriters Adjusting Co. v. Hill
  505 So. 2d 642· Fla. 1st DCA· 1987-04-15 ·cited 2×
  Standard Furniture appeals a workers' compensation deputy commissioner's order granting Herbert Hill a partial lump-sum advance on future benefits. The court affirms, holding that the deputy commissioner properly determined the advance was in the claimant's best interest based on
• Lennon Williford v. Young
  779 F.2d 405· 7th Cir.· 1985-12-18 ·cited 2×
  The court held that the district court correctly denied the habeas corpus petition because the state trial court's failure to instruct on a lesser included offense, the alleged ineffective assistance of counsel, and the jury instructions on intoxication did not violate due proces
• McINTOSH v. Jones Truck Lines, Inc.
  767 F.2d 433· 8th Cir.· 1985-07-03 ·cited 2×
  The court should remand for further findings on reinstatement, as animosity alone, especially when stemming from employer retaliation, is insufficient to deny it under Title VII.
• Ralston Purina Co. v. The Home Ins. Co.
  760 F.2d 897· 8th Cir.· 1985-05-01 ·cited 2×
  The court held that an excess insurer was not prejudiced by late notice as a matter of law, but a jury instruction improperly allowed negligence as a complete defense to a breach of fiduciary duty claim against a primary insurer.
• Love v. The Alamance Cnty. Bd. OF Educ.
  757 F.2d 1504· 4th Cir.· 1985-03-27 ·cited 2×
  The court held that the school board's articulated reasons for not promoting the plaintiff were legitimate and non-discriminatory, and that the plaintiff failed to prove pretext or a recent history of discrimination sufficient to shift the burden of persuasion.
• Weems v. Ball Metal & Chem. Div., Inc.
  753 F.2d 527· 6th Cir.· 1985-02-04 ·cited 2×
  The dissenting judge holds that the magistrate's finding of no discrimination was clearly erroneous because the employee presented sufficient comparative evidence of disparate treatment based on race.
• Liane Buix McDONALD v. United AIR Lines, Inc.
  745 F.2d 1081· 7th Cir.· 1984-09-28 ·cited 2×
  The court affirmed the district court's allocation of burdens of proof and production, but remanded the Overton claim for further proceedings.
• Songer v. Louie L. Wainwright
  423 So. 2d 355· Fla.· 1982-12-01 ·cited 2×
  Carl Ray Songer sought habeas corpus relief, claiming he received ineffective assistance from appellate counsel on his direct appeal and resentencing appeal in a capital case. The Florida Supreme Court affirmed the denial of his motion to vacate, finding all of his ineffective as
• Jackson B. Hester, Jr. v. Hans Allgeier and Andre Gagneux
  687 F.2d 464· C.C.P.A.· 1982-09-02 ·cited 2×
  The court affirmed the Board of Patent Interferences' decision awarding priority to Allgeier, finding the counts patentably distinct.
• Equal Emp. Opportunity Comm'n v. H. S. Camp & Sons, Inc.
  542 F. Supp. 411· M.D. Fla.· 1982-06-01 ·cited 2×
  The court found that while statistical analyses showed disparities, the employer's hiring decisions were not discriminatory based on race or sex, with specific hiring decisions justified by legitimate, non-discriminatory reasons.
• Danzl v. N. ST. Paul-Maplewood-Oakdale Indep. Sch. Dist. NO. 622
  663 F.2d 65· 8th Cir.· 1981-11-12 ·cited 2×
  A remand is unnecessary because the plaintiff had a full opportunity to demonstrate pretext and the trial court's statements indicated no intentional discrimination.
• Lenda J. Wright v. Sw. Bank
  648 F.2d 266· 5th Cir.· 1981-06-16 ·cited 2×
  The court held that the plaintiff failed to prove her discharge was a pretext for racial discrimination, affirming the lower court's judgment.
• Owens v. SUN OIL Co.
  482 F.2d 564· 10th Cir.· 1973-08-02 ·cited 2×
  The dissenting judge believes the jury instructions improperly shifted the burden of persuasion to the defendant regarding the validity of an inter vivos gift.
• Boatwright v. State
  272 So. 2d 137· Fla.· 1973-01-17 ·cited 2×
  The court held that the Florida Standard Jury Instruction on alibi does not unconstitutionally shift the burden of proof to the defendant.
• The Copley Press, Inc. v. Fed. Commc'ns Comm'n & United States
  444 F.2d 984· D.C. Cir.· 1971-05-12 ·cited 2×
  The court held that the FCC did not abuse its discretion in failing to provide a separate rate classification for press users of private line services, as the press parties failed to meet their burden of proving significant impairment to news dissemination.
• United States v. Bridges
  D.D.C.· 1970-09-25 ·cited 2×
  The court held that the appellant's conviction for assault with intent to kill, assault with a dangerous weapon, and carrying a pistol without a license should be affirmed.