Presumption Of Regularity

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

• Ethyl Corp. v. Env't Prot. Agency
  541 F.2d 1· D.C. Cir.· 1976-03-19 ·cited 308×
  The court's majority opinion is not fully detailed here, but the dissenting judge argues against the Administrator's broad interpretation of statutory powers.
• Ford v. Strickland
  696 F.2d 804· 11th Cir.· 1983-01-07 ·cited 214×
  The court held that the Florida Supreme Court's practice of considering non-record material on direct appeal in capital cases violates due process, and that failure to require full resentencing after invalidating aggravating factors is an error.
• Gaither v. United States
  413 F.2d 1061· D.C. Cir.· 1969-04-08 ·cited 213×
  The court held that while the indictment procedure used was defective because the grand jury as a body did not approve the final indictment, it did not prejudice the defendants, and therefore their convictions are affirmed.
• King v. State
  157 So. 2d 440· Fla. 2d DCA· 1963-11-08 ·cited 176×
  William Carlton King, Jr. appeals from denial of post-conviction relief under Criminal Procedure Rule No. 1, claiming he was denied his constitutional right to counsel when he pleaded guilty to grand larceny without an attorney and without being informed of that right. The Florid
• United States v. Jefferson
  714 F.2d 689· 7th Cir.· 1983-07-22 ·cited 142×
  The court affirmed the conviction and sentence, holding that the searches were lawful, the evidence was properly admitted, the jury instructions were adequate, and the sentencing did not violate double jeopardy principles.
• Gallego v. United States
  276 F.2d 914· 9th Cir.· 1960-03-23 ·cited 138×
  The court held that the trial court did not err in admitting the marijuana evidence, nor was the sentence imposed cruel and unusual punishment.
• Ira Nash, Jr. v. Estelle
  597 F.2d 513· 5th Cir.· 1979-06-21 ·cited 123×
  The court should vacate the order granting rehearing en banc as improvidently entered.
• In re Grand Jury Proceedings of Robert W. Beverly v. United States
  468 F.2d 732· 5th Cir.· 1972-09-25 ·cited 112×
  The court held that the government's denial of electronic surveillance of attorneys was inadequate, requiring vacation of the contempt order and remand.
• United States v. Carlee Brown
  482 F.2d 1226· 8th Cir.· 1973-08-08 ·cited 106×
  The court held that the chain of custody was adequately established, the scope of examination was proper, and the jury instructions were sufficient, affirming the conviction.
• United States v. Starks
  515 F.2d 112· 3d Cir.· 1975-06-24 ·cited 103×
  The court held that the indictment was duplicitous by charging conspiracy and attempt in a single count, and that the erroneous admission of a tape recording without proper authentication and chain of custody, along with other trial errors, required reversal and a new trial.
• Ruff v. Guar. Title & Tr. Co.
  99 Fla. 197· Fla.· 1930-01-28 ·cited 99×
  The Florida Supreme Court granted appellees' motion to dismiss an appeal challenging the confirmation of a foreclosure sale, finding the appeal was taken in bad faith and for purposes of delay. The appellants challenged the sale price of $2,500 despite affidavits claiming the pro
• State v. Gillespie
  227 So. 2d 550· Fla. 2d DCA· 1969-10-31 ·cited 94×
  Florida's appellate court addressed when prosecutors must disclose evidence to criminal defendants pre-trial, holding that absent a proper predicate (specific facts suggesting Brady violations), courts cannot compel blanket in camera inspection of prosecution files on mere demand
• United States ex rel. John McGRATH v. LaVALLEE
  319 F.2d 308· 2d Cir.· 1963-06-12 ·cited 91×
  The court held that a judge's conversation with a defendant about a guilty plea, even if potentially coercive, does not automatically constitute a denial of due process; the specific content and effect must be considered. The 'unless clearly erroneous' rule applies to factual inf
• Rose v. Bartle
  871 F.2d 331· 3d Cir.· 1989-03-20 ·cited 89×
  The court held that the district court's notice of converting motions to dismiss into motions for summary judgment was ambiguous, denying plaintiffs adequate opportunity to oppose. However, the court will affirm in part and reverse in part based on whether plaintiffs could prove
• McSURELY v. McCLELLAN
  697 F.2d 309· D.C. Cir.· 1982-12-10 ·cited 88×
  A state prosecutor is not entitled to absolute immunity for investigative or administrative actions, and summary judgment on qualified immunity is inappropriate when material facts are disputed regarding the prosecutor's knowledge of illegality.
• Boardman v. Esteva
  323 So. 2d 259· Fla.· 1975-09-30 ·cited 78×
  Florida Supreme Court held that substantial compliance, not strict compliance, with absentee voting statutes is required to validate ballots in election contests. The Court affirmed the trial court's judgment declaring Boardman the winner of a 1972 Second District Court of Appeal
• Keene v. United States
  266 F.2d 378· 10th Cir.· 1959-04-08 ·cited 78×
  The court held that the presumption of regularity applies to draft board proceedings, and a registrant's claim for conscientious objector status made after an induction notice is subject to regulations that may preclude reopening the classification absent a change in status beyon
• Earnest Leon Jackson v. State
  100 So. 2d 839· Fla. 1st DCA· 1958-02-18 ·cited 71×
  Earnest Jackson was convicted of manslaughter by culpable negligence after a fatal car collision. The First District Court of Appeal reversed, holding that the evidence was insufficient to establish the high degree of negligence required for criminal culpable negligence, even tho
• United States v. Luna
  585 F.2d 1· 1st Cir.· 1978-05-12 ·cited 70×
  The court held that the trial court did not err in denying severance motions, admitting the heroin despite chain of custody challenges, limiting cross-examination, admitting rebuttal testimony, or refusing a specific jury instruction.
• Gottschalk Potsdamer v. State
  17 Fla. 895· Fla.· 1880-06-01 ·cited 68×
  Gottschalk Potsdamer was convicted of murder in the second degree and sentenced to life imprisonment. The Florida Supreme Court affirmed the conviction, rejecting various procedural objections and holding that the statutory requirements for written jury charges in capital cases,
• United States v. Baker
  416 F.2d 202· 9th Cir.· 1969-09-17 ·cited 66×
  The dissenting judge would affirm the conviction, holding that the defendant failed to prove the order of call was invalid.
• Jones v. United States
  342 F.2d 863· D.C. Cir.· 1964-07-16 ·cited 64×
  Confessions obtained during illegal detention are inadmissible, and indictments obtained in violation of constitutional rights, including the right to counsel and privilege against self-incrimination, must be dismissed.
• United States v. Dzialak
  441 F.2d 212· 2d Cir.· 1971-03-17 ·cited 58×
  The dissenting judge holds that evidence found during a lawful search, which is obviously the fruit of the crime for which the warrant was issued, can be seized without a new warrant.
• Smetal Corp. v. W. Lake Inv. Co.
  126 Fla. 595· Fla.· 1936-04-16 ·cited 58×
  This case involves an appeal from a dismissal of a bill seeking to set aside a tax lien foreclosure decree. The Florida Supreme Court held that while most of appellant's claims were barred by prior rulings on a motion to vacate, the allegation concerning inadequate inquiry regard
• Dykes v. State
  162 So. 2d 675· Fla. 1st DCA· 1964-03-10 ·cited 56×
  Glenn Dykes appealed his 1959 guilty plea conviction on eleven felony counts, claiming he was denied counsel in violation of Gideon v. Wainwright. The Florida appellate court affirmed the conviction, holding that Dykes failed to meet his burden of rebutting the presumption of reg
• Pasadena Research Labs., Inc. v. United States
  169 F.2d 375· 9th Cir.· 1948-07-16 ·cited 56×
  The court held that the government met its burden of proof by presenting circumstantial evidence and reasonable inferences regarding the condition of the drugs at the time of shipment, and that the trial court's judgment was supported by sufficient evidence.
• Corniel-Rodriguez v. Immigr. & Naturalization Serv.
  532 F.2d 301· 2d Cir.· 1976-03-22 ·cited 54×
  The court held that the government should be barred from deporting an alien when the alien's violation of an immigration law was caused by the affirmative misconduct or failure to warn by American consular officers.
• Mrs. Burton Joseph v. Fed. Commc'ns Comm'n
  404 F.2d 207· D.C. Cir.· 1968-07-30 ·cited 54×
  The court held that appellants had substantially complied with administrative remedy requirements and that the FCC order approving the license assignment was procedurally deficient.
• Frederick v. United States
  386 F.2d 481· 5th Cir.· 1967-09-19 ·cited 54×
  The court held that the district court properly dismissed the counterclaim and granted summary judgment for the plaintiff because the defendant failed to raise material issues of fact regarding his indebtedness.
• Kalvar Corp., Inc. v. The United States
  543 F.2d 1298· Ct. Cl.· 1976-10-20 ·cited 52×
  The court held that the plaintiff failed to demonstrate bad faith or abuse of discretion by the government, and most claimed costs were not recoverable under the termination-for-convenience clause, except for attorney fees related to settlement preparation.
• Brewer v. United States
  353 F.2d 260· 8th Cir.· 1965-12-17 ·cited 52×
  The court held that the chain of custody for the marihuana exhibits was sufficiently established, and the expert testimony identifying the substance was properly admitted.
• Dumas v. State
  439 So. 2d 246· Fla. 3d DCA· 1983-09-13 ·cited 51×
  The Florida District Court of Appeal held that a written waiver of jury trial signed by a defendant, without affirmative record evidence of in-court examination, is sufficient to support a finding of effective waiver of the constitutional right to trial by jury. The court overrul
• United States v. Mangan
  575 F.2d 32· 2d Cir.· 1978-04-03 ·cited 50×
  The court held that Frank Mangan's tax returns were admissible as evidence in a criminal prosecution against him, and that handwriting exemplars and co-conspirator statements were properly admitted.
• Yates v. United States
  404 F.2d 462· 1st Cir.· 1968-12-13 ·cited 50×
  The court held that the indictment was sufficient and the trial court did not err in refusing to grant the defendant's motion for judgment of acquittal.
• State v. Kelly
  999 So. 2d 1029· Fla.· 2008-12-30 ·cited 48×
  The Florida Supreme Court held that prior uncounseled misdemeanor DUI convictions cannot be used to enhance a subsequent DUI from a misdemeanor to a felony without proof of valid waiver of counsel, reaffirming and modifying its Hlad/Beach framework based on Florida's independent
• Ostrer v. Aronwald
  567 F.2d 551· 2d Cir.· 1977-12-27 ·cited 48×
  The court held that vague and conclusory allegations of conspiracy are insufficient to state a claim, and claims of prosecutorial misconduct are premature when based on speculation about ongoing grand jury investigations.
• Thomas v. Hogan
  308 F.2d 355· 4th Cir.· 1962-09-12 ·cited 48×
  The court held that the hospital record was inadmissible to prove the accuracy of a blood test due to a fatal break in the chain of identification of the specimen.
• Potter v. Lainhart
  44 Fla. 647· Fla.· 1902-06-01 ·cited 47×
  A Dade County taxpayer challenged a $150,000 bond issuance for roads, a courthouse, and jail, raising procedural and constitutional objections. The Florida Supreme Court affirmed dismissal of the complaint, holding that the bonds were validly issued under statutory authority and
• Adler v. Lewis
  675 F.2d 1085· 9th Cir.· 1982-04-30 ·cited 46×
  The Secretary complied with the requirements of section 4(f) of the Department of Transportation Act of 1966, as the project included all possible planning to minimize harm to parkland and no feasible or prudent alternative existed.
• United States v. Kaiser
  660 F.2d 724· 9th Cir.· 1981-11-02 ·cited 46×
  The court held that the destruction of a handwritten draft report by an agent did not violate the Jencks Act, but that the admission of certain exhibits without the agent's testimony was an abuse of discretion. It also held that evidence was sufficient to support conspiracy convi
• United States v. Coades
  549 F.2d 1303· 9th Cir.· 1977-02-03 ·cited 46×
  The court held that the arrest was supported by probable cause, the show-up identification was not unduly suggestive, and the admission of a prior conviction was harmless error.
• Turberville v. United States
  303 F.2d 411· D.C. Cir.· 1962-02-01 ·cited 46×
• Shepherd v. United States
  217 F.2d 942· 9th Cir.· 1954-12-13 ·cited 46×
  The court held that a Selective Service Board's denial of a conscientious objector classification based on an erroneous legal theory, even if also based on disbelief of sincerity, renders the classification void and requires reversal of a conviction for refusal to submit to induc
• Elliott Ashton Welsh, II v. United States
  404 F.2d 1078· 9th Cir.· 1968-09-23 ·cited 45×
  The court held that the Appeal Board's denial of conscientious objector classification had a basis in fact, and that the decision did not rest upon an unconstitutional distinction between theistic and non-theistic beliefs.
• United States v. Beltempo
  675 F.2d 472· 2d Cir.· 1982-03-23 ·cited 44×
  The court held that the search warrant was valid despite the time lapse because probable cause was based on the nature of the evidence and common sense, and that the exclusion of hearsay was proper due to insufficient corroboration.
• In re Matter of Grand Jury Applicants
  619 F.2d 1022· 3d Cir.· 1980-04-17 ·cited 43×
  The court held that an employer has standing to appeal the denial of a motion to quash a grand jury subpoena ad testificandum if the subpoena threatens a property interest or a recognized privilege, or if it is used to harass and disrupt the employer's operations.
• Summer v. Reuben S. Mitchell
  29 Fla. 179· Fla.· 1892-01-01 ·cited 43×
  Mary M. Summer sued Reuben S. Mitchell in ejectment to recover a lot in Ocala, Florida. The trial court excluded a certified copy of a deed from 1863 based on alleged defects in its acknowledgment, resulting in judgment for the defendant. The Florida Supreme Court reversed, holdi
• Cartee v. Crispus NIX
  803 F.2d 296· 7th Cir.· 1986-10-08 ·cited 42×
  The court held that petitioners failed to establish cause and prejudice for their procedural defaults in state court regarding jury instructions and that their claims of ineffective assistance of counsel lacked merit.
• In re Special Grand Jury NO. 81-1 (Leon D. Harvey)
  676 F.2d 1005· 4th Cir.· 1982-04-23 ·cited 42×
  The dissenting judge believes the majority erred in requiring the government to justify grand jury subpoenas, arguing for a presumption of regularity and placing the burden on the witness to show privilege.
• United States v. ONE (1) 1972 Wood
  501 F.2d 1327· 5th Cir.· 1974-10-07 ·cited 41×
  The court held that the delay in forfeiture proceedings did not violate due process and that the owner's other claims were without merit.