Presumption Of Regularity

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

• Epping v. Geo. W. Robinson
  21 Fla. 36· Fla.· 1884-06-01 ·cited 41×
  This case addresses the jurisdiction of a Probate Court to grant letters of administration when an intestate dies outside the State but possesses assets (choses in action/debts) within a Florida county. The court held that such assets constitute "goods" under the administration s
• Rivera v. British Ropes, Ltd.
  575 F.2d 966· 1st Cir.· 1978-05-08 ·cited 40×
  The court held that the settlement agreement was valid and enforceable, and the district court correctly denied the motion to dismiss based on res judicata.
• Lesser v. United States
  368 F.2d 306· 2d Cir.· 1966-11-09 ·cited 40×
• Monark Boat Co. v. Nat'l Labor Relations Bd.
  708 F.2d 1322· 8th Cir.· 1983-06-06 ·cited 38×
  The court held that the Equal Access to Justice Act's (EAJA) thirty-day time limit for filing an attorney's fees application is a jurisdictional requirement that must be strictly complied with, and the application must be received by the agency within that period.
• Singer Sewing Mach. Co. v. Nat'l Labor Relations Bd.
  329 F.2d 200· 4th Cir.· 1964-02-17 ·cited 38×
  The court held that the Board erred in excluding evidence and revoking a subpoena, as the proffered testimony could establish that the extent of employee organization improperly controlled the determination of the bargaining unit.
• Thomas v. State
  36 Fla. 109· Fla.· 1895-06-01 ·cited 38×
  Franklin C. Thomas was convicted of embezzlement in the lower court. On appeal, the Florida Supreme Court reversed the conviction and ordered a new trial, finding the evidence insufficient to support the verdict and identifying a defect in the jury charge regarding the nature of
• Helland v. Evans
  113 Fla. 839· Fla.· 1934-01-30 ·cited 37×
  This case concerns the validity of a mortgage lien on a married woman's home. The court affirmed the dismissal of the complaint, holding that the mortgage was invalid because the wife's acknowledgment of its execution was not properly taken before a notary, rendering the certific
• Sams v. King
  18 Fla. 557· Fla.· 1882-01-01 ·cited 37×
  This case concerns the validity of tax deeds issued to Mollie Sams for property originally owned by Isaiah D. Hart and inherited through Farley Sams and Lloyd Peck. The Florida Supreme Court reversed the lower court's judgment, holding that tax deeds are prima facie evidence of r
• United States v. Masse
  816 F.2d 805· 1st Cir.· 1987-04-21 ·cited 36×
  The court affirmed the conviction, holding that pre-arrest statements were admissible as the defendant was not in custody, and subsequent statements were admissible as they were voluntary and informed waivers after Miranda warnings. Co-conspirator statements and jury instructions
• United States v. Aviles
  623 F.2d 1192· 7th Cir.· 1980-06-10 ·cited 36×
  The court held that the district court did not abuse its discretion in denying the appellant's motion for a continuance under the Speedy Trial Act, nor in admitting evidence despite a challenge to the chain of custody.
• French v. Corrigan
  432 F.2d 1211· 7th Cir.· 1970-08-20 ·cited 36×
  The court held that state's attorneys are immune from suit under the Civil Rights Act, and appointed counsel do not act under 'color of law' when representing a client in their private capacity.
• United States v. Powers
  413 F.2d 834· 1st Cir.· 1969-07-14 ·cited 36×
  The court held that the appellant's failure to exhaust administrative remedies precluded his challenges to the revocation of his hardship deferment and that the induction order was not invalid due to the clerk's preparation of the delivery list, as no discretionary act prejudiced
• United States v. Sandbank
  403 F.2d 38· 2d Cir.· 1968-10-31 ·cited 36×
  The court held that a registrant must demonstrate a prima facie case for reclassification to compel the draft board to reopen, and that the government need not prove the order of call was proper in its case in chief.
• United States v. Claiborne
  765 F.2d 784· 9th Cir.· 1985-07-08 ·cited 35×
  The court held that the defendant's claims regarding judicial immunity, grand jury abuse, improper access to tax returns, and the use of grand jury agents did not warrant dismissal of the indictment or reversal of the conviction.
• Princess Vladimir Eristavitchitcherine v. Miami Beach Fed. Sav. & Loan Ass'n
  154 Fla. 100· Fla.· 1944-02-18 ·cited 35×
  In this mortgage foreclosure case, the court addressed whether a foreclosure sale could be challenged based on insufficient notice and inadequate sale price. The Florida Supreme Court dismissed the appeal from the final foreclosure decree as untimely and affirmed the subsequent o
• Ray v. Wilson
  29 Fla. 342· Fla.· 1892-01-01 ·cited 35×
  The Florida Supreme Court affirmed a judgment granting a peremptory writ of mandamus requiring the County Treasurer of Brevard County to pay county scrip (warrants) issued by the Clerk of the Circuit Court. The court held that properly issued and audited county warrants constitut
• Losieau v. Sigler
  406 F.2d 795· 8th Cir.· 1969-02-04 ·cited 34×
  A prior conviction obtained without counsel, or with an invalid sentence due to lack of counsel, cannot be used to enhance punishment under a habitual criminal statute.
• Nashville I-40 Steering Comm. v. Buford Ellington
  387 F.2d 179· 6th Cir.· 1967-12-18 ·cited 34×
  The court held that the district court did not abuse its discretion in denying a preliminary injunction, as plaintiffs failed to show a violation of law or constitutional rights regarding highway route selection, but reversed the dismissal of the Mayor as a party defendant.
• Alfred A. Knopf, Inc. v. Colby
  509 F.2d 1362· 4th Cir.· 1975-02-07 ·cited 33×
  The court held that the presumption of regularity applies to the classification of information, and the Freedom of Information Act, as amended, allows for de novo judicial review of classification, shifting the burden to the agency to justify withholding information.
• Kendrick v. Latham
  25 Fla. 819· Fla.· 1889-06-01 ·cited 33×
  This case concerns whether Latham and his predecessors in title established adverse possession of ten acres of land in Florida for the statutory period required by law. The court reversed the lower court's judgment for the plaintiff Kendrick, finding that despite gaps in the chai
• United States v. Miller
  455 F.2d 358· 9th Cir.· 1972-02-11 ·cited 32×
  The court held that a local draft board must review all information submitted by a registrant, including letters forwarded for medical evaluation, to properly exercise its discretion in classifying the registrant.
• United States v. Eklund
  733 F.2d 1287· 8th Cir.· 1984-05-04 ·cited 30×
  The court held that the defendant's failure to register with the Selective Service System constituted a continuing offense, and that his claim of selective prosecution failed because he did not demonstrate an impermissible motive by the government.
• United States v. Gast
  457 F.2d 141· 7th Cir.· 1972-02-24 ·cited 30×
  The court held that the defendant's grand jury composition challenge was meritless, the denial of his ministerial exemption was supported by a basis in fact, and the order of call was proper.
• United States v. Cannon
  987 F.3d 924· 11th Cir.· 2021-02-03 ·cited 29×
  Lance Cannon and Vincent Holton were convicted of conspiracy to commit Hobbs Act robbery, drug conspiracy, firearm offenses, and felon in possession charges after they brought weapons to a warehouse to rob a fake stash house as part of a law enforcement undercover operation. The
• Breakstone v. Honorable Mary Ann MacKENZIE
  561 So. 2d 1164· Fla. 3d DCA· 1989-09-14 ·cited 29×
  The Florida Third District Court of Appeal held that a trial judge must disqualify herself when opposing counsel has made a substantial campaign contribution ($500) to the judge's spouse's election campaign, as a reasonable person would fear bias. The court certified the question
• United States v. Lieberman
  608 F.2d 889· 1st Cir.· 1979-11-07 ·cited 29×
  The court held that the SEC's practice of going off the record during investigations did not violate the Jencks Act or due process, and that preindictment delay did not prejudice the defendants.
• Damkohler v. Heidi Damkohler (Pollmann)
  336 So. 2d 1243· Fla. 4th DCA· 1976-09-10 ·cited 29×
  In a family law case, the trial court found the father in willful contempt of court for failing to pay child support and imposed a mandatory 30-day jail sentence. The appellate court held that while the contempt finding was valid, the mandatory sentence violated Florida law becau
• Edwards v. Selective Serv. Local Bd. NO. 111
  432 F.2d 287· 5th Cir.· 1970-09-15 ·cited 29×
• Morton C. Nichols v. Walton
  82 Fla. 385· Fla.· 1921-11-23 ·cited 29×
  The Florida Supreme Court held that a nunc pro tunc order extending the deadline for filing a bill of exceptions after the term had expired could be valid if it properly memorialized an order that was actually made by the trial judge during the term but inadvertently omitted from
• OLD BEN Coal Co. v. Elmer H. Luker and the Director
  826 F.2d 688· 7th Cir.· 1987-08-14 ·cited 28×
  The court affirmed the award of benefits to the miner but vacated the denial of transfer of liability to the Trust Fund, remanding for redetermination.
• Haislah v. Walton
  676 F.2d 208· 6th Cir.· 1982-04-21 ·cited 28×
  The dissenting judge would affirm the district court's judgment, finding the jury instructions, when viewed as a whole, adequately apprised the jury of the relevant considerations and were not unduly prejudicial to the plaintiff.
• United States v. Anthony Battista (79-5165) T. Anthony Arnone (79-5257) Louis Peraino (79-5258) Bryanston Distribs.
  646 F.2d 237· 6th Cir.· 1981-04-06 ·cited 28×
  The court held that the defendants' convictions for conspiracy to violate obscenity statutes were supported by sufficient evidence and that various procedural and evidentiary challenges lacked merit.
• Wayne State Univ. v. Cleland
  590 F.2d 627· 6th Cir.· 1978-12-21 ·cited 28×
  The court held that 38 U.S.C. § 211(a) does not bar judicial review of the Administrator's authority to promulgate regulations. The court reversed the district court's finding that the V.A. regulations were promulgated without statutory authority.
• Augustine Rivera Tisnado v. United States
  547 F.2d 452· 9th Cir.· 1976-11-03 ·cited 28×
  The court held that Stone v. Powell bars relitigation of Fourth Amendment claims in a § 2255 Tucker proceeding, and that the defendant's double jeopardy claim lacked merit.
• Lowe v. United States
  389 F.2d 51· 5th Cir.· 1968-01-03 ·cited 28×
  The court held that official Selective Service records were properly authenticated and that the government is not required to prove a registrant was called in the proper order and sequence.
• Perlmutter v. Commissioner OF Internal Revenue
  373 F.2d 45· 10th Cir.· 1967-02-03 ·cited 28×
  The court held that the deficiency notices were valid, the Tax Court's finding of unreasonable salary payments was supported by evidence, and the individual taxpayers were not entitled to claim business losses.
• Vuckson v. United States
  354 F.2d 918· 9th Cir.· 1966-01-04 ·cited 28×
  The court held that sufficient direct and positive evidence supported the jury's verdict for perjury, and that procedural issues regarding proof of oath and jury instructions were waived or did not constitute error.
• United States v. Rengifo
  789 F.2d 975· 1st Cir.· 1986-05-06 ·cited 26×
  The court held that tape recordings and their transcripts, even in a foreign language, are admissible if properly authenticated and that sending transcripts to the jury room is permissible within the trial court's discretion, especially when the jury does not understand the langu
• United States v. Lisinski
  728 F.2d 887· 7th Cir.· 1984-02-21 ·cited 26×
  The court held that the evidence was sufficient to sustain the extortion conviction under the Hobbs Act, as the defendant exploited the victim's fear of economic harm, and that the trial court did not err in denying disclosure of grand jury materials.
• La. Env't Soc'y, Inc. v. Dole
  707 F.2d 116· 5th Cir.· 1983-05-26 ·cited 26×
  The court held that the administrative record adequately supported the Administrator's Section 4(f) determination that the proposed bridge route minimized harm to recreational areas, and that the district court erred in striking new causes of action from the plaintiffs' supplemen
• United States ex rel. Raymond G. Lasky v. Hon. J. Edwin LaVALLEE
  472 F.2d 960· 2d Cir.· 1973-01-19 ·cited 26×
  The court held that the State failed to present sufficient credible evidence that the petitioner was represented by counsel during his 1960 Arkansas conviction, and therefore, that conviction could not be used to enhance his sentence in New York.
• Montilla v. The United States
  457 F.2d 978· Ct. Cl.· 1972-04-14 ·cited 26×
  The court held that the plaintiff failed to meet the minimum service requirements for retired pay benefits and affirmed the denial of his claim.
• Weedon v. Gaden
  419 F.2d 303· D.C. Cir.· 1969-06-30 ·cited 26×
  The court affirmed the denial of the motion to vacate, holding that the appeal from the prior order was untimely and that the clerk's failure to provide notice of entry does not extend the time to appeal.
• United States v. Steese
  144 F.2d 439· 3d Cir.· 1944-08-25 ·cited 26×
  The court held that a motion to vacate a conviction, even if filed years later, can be treated as a writ of error coram nobis to address alleged violations of constitutional rights, particularly the right to counsel.
• Twin City Milk Producers Ass'n v. McNUTT
  122 F.2d 564· 8th Cir.· 1941-09-09 ·cited 26×
  An administrative order must affirmatively demonstrate that it was promulgated on the basis of the administrator's judgment as required by statute, but if the basis was omitted, the matter can be remanded for clarification.
• Yates v. United States
  407 F.2d 50· 1st Cir.· 1969-02-14 ·cited 25×
  The court held that a permissive presumption of regularity regarding the order of call for induction is permissible and does not improperly shift the burden of proof to the defendant.
• Mision Indus., Inc. v. Env't Prot. Agency & Russell Train
  547 F.2d 123· 1st Cir.· 1976-12-10 ·cited 24×
  The court held that the EPA Administrator did not err in approving Puerto Rico's revised air implementation plan, finding substantial compliance with statutory requirements despite some procedural shortcomings.
• Goldberg v. Truck Drivers Local Union NO. 299
  293 F.2d 807· 6th Cir.· 1961-08-16 ·cited 24×
  The court held that the Secretary of Labor does not need to show probable cause or a reasonable basis for an investigation to enforce subpoenas duces tecum under the Labor-Management Reporting and Disclosure Act of 1959.
• Wyon Dale Childers v. Floyd
  642 F.3d 953· 11th Cir.· 2011-06-02 ·cited 23×
  Wyon Dale Childers was convicted of bribery and unlawful compensation for official behavior based largely on testimony from Willie Junior, a co-conspirator who entered a plea agreement with the State. Childers sought to cross-examine Junior about the Elliot acquittal and a Notice
• United States v. Garcia
  718 F.2d 1528· 11th Cir.· 1983-11-07 ·cited 23×
  The court held that 18 U.S.C. § 2114 does not require a 'postal nexus' for property stolen, counterfeit notes were properly admitted, and consecutive sentences were permissible as the offenses were distinct.