Presumption Of Regularity

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

• Leach v. United States
  320 F.2d 670· D.C. Cir.· 1963-04-25 ·cited 23×
  The court held that the District Court has discretion regarding consultation with Legal Psychiatric Services before sentencing, and the appellate court cannot direct such consultation.
• United States v. Cortellesso
  663 F.2d 361· 1st Cir.· 1981-11-09 ·cited 22×
  The court held that the removal of defense counsel due to a conflict of interest did not violate the defendant's Sixth Amendment right to counsel of choice, and that tape recordings were properly admitted into evidence.
• Rhyne v. United States
  407 F.2d 657· 7th Cir.· 1969-02-20 ·cited 22×
  The court held that a defendant's selective service file, containing his signed refusal to be inducted, is sufficient evidence to establish guilt beyond a reasonable doubt for refusing induction, and that the trial court did not abuse its discretion in allowing the government to
• Bradburn v. McINTOSH
  159 F.2d 925· 10th Cir.· 1947-02-04 ·cited 22×
  The court held that the order restoring Nancy to capacity was not void, and the bank was a holder in due course, thus Nancy was not entitled to relief against the McIntoshes or the bank.
• Hester Maggard v. O'Connell
  671 F.2d 568· D.C. Cir.· 1982-02-12 ·cited 21×
  The court held that the district court's review of the trustees' denial of retirement benefits was inadequate, requiring a remand for more careful and explicit consideration of the evidence.
• In re November 1979 Grand Jury. Velsicol Chem. Corp. v. United States
  616 F.2d 1021· 7th Cir.· 1980-03-11 ·cited 20×
  The court held that the district court properly denied motions to terminate the grand jury investigation and quash subpoenas, finding that the prior waiver of attorney-client privilege remained effective and that prosecutorial misconduct did not taint the current proceedings or e
• United States v. Daughtry
  502 F.2d 1019· 5th Cir.· 1974-10-11 ·cited 20×
  The court held that the trial judge did not abuse discretion in admitting evidence despite chain of custody concerns and that the defendant failed to demonstrate prejudice from the judge's comments.
• United States v. Weersing
  415 F.2d 130· 9th Cir.· 1969-08-07 ·cited 20×
  The court held that the indictment was not defective for failing to allege 'wilfully' when it alleged 'knowingly,' and that issues not raised in the trial court, such as the regularity of the induction order and the basis for denying deferment, are generally not grounds for rever
• United States v. Crowley
  405 F.2d 400· 4th Cir.· 1968-12-19 ·cited 20×
  The court held that the registrant's conviction for failing to report for civilian work was valid because the Selective Service board followed proper procedures and the registrant failed to exhaust administrative remedies.
• United States & William W. Ankrom v. Howard
  360 F.2d 373· 3d Cir.· 1966-04-27 ·cited 20×
  The court held that a summons is invalid if the records sought are not in the possession or control of the summoned party, and that Section 7605(b)'s prohibition on re-examination does not apply to third-party records.
• Dunmar v. Ailes
  348 F.2d 51· D.C. Cir.· 1965-05-20 ·cited 20×
  The court held that the district court had jurisdiction and that the appellant received adequate procedural due process, and that the Honor Code was not void for vagueness, and that the Secretary of the Army had the power to separate the appellant.
• Morton v. Welch
  162 F.2d 840· 4th Cir.· 1947-06-20 ·cited 20×
  The court held that alleged errors during a criminal trial, including issues with the indictment, jury selection, and trial counsel, do not constitute a gross violation of constitutional rights sufficient to warrant habeas corpus relief.
• Elder v. United States
  142 F.2d 199· 9th Cir.· 1944-01-10 ·cited 20×
  The court held that the indictment was sufficient to state a crime, and the trial court did not abuse its discretion in denying the defendant's motions.
• Bawsey Blocker v. State
  90 Fla. 136· Fla.· 1925-07-10 ·cited 19×
  Bawsey Blocker was convicted of assault with intent to commit murder in the second degree. The Florida Supreme Court affirmed the conviction, rejecting claims that the verdict was insufficiently supported by evidence and that the trial court failed to provide statutory notice to
• Bailey v. Clark
  6 Fla. 516· Fla.· 1855-04-01 ·cited 19×
  Bailey sued Clark for trespass for cutting timber from Bailey's land in Hernando County, Florida. The jury verdict favored Clark, and Bailey appealed, but the appellate court affirmed because Bailey failed to properly preserve the factual record through an adequate bill of except
• Yaretsky v. Blum
  629 F.2d 817· 2d Cir.· 1980-08-25 ·cited 18×
  The court held that due process requires procedural safeguards for nursing home patients facing transfer to a different level of care, but administrative decision-makers are not required to read verbatim transcripts of hearings before reversing a hearing officer's decision.
• In re Lopreato
  511 F.2d 1150· 1st Cir.· 1975-02-09 ·cited 18×
  A witness's appearance before a grand jury to provide handwriting exemplars, even if a 'target' of the investigation, does not violate Fifth Amendment due process rights, and failure to appear is not justified by a desire to appeal.
• United States ex rel. Gerald Daniel Walker v. Twomey
  484 F.2d 874· 7th Cir.· 1973-08-27 ·cited 18×
  Federal courts should not impose a procedural requirement on state courts to articulate reasons for denying bail pending appeal, and a presumption of regularity applies to state court decisions.
• Little v. United States
  409 F.2d 1343· 10th Cir.· 1969-05-06 ·cited 18×
  The court held that the government is not required to affirmatively prove the validity of a draft board's induction order; the registrant must show invalidity. The imposition of the maximum sentence is within the trial court's discretion.
• United States v. Bellmer
  404 F.2d 132· 3d Cir.· 1968-11-21 ·cited 18×
  The court held that the defendant was denied basic procedural fairness because his reply letter to the Department of Justice's recommendation was not before the State Director when the Director decided against an appeal.
• Smith v. United States
  339 F.2d 519· 8th Cir.· 1964-12-30 ·cited 18×
  The court held that the trial court did not err in denying the motion to vacate the sentence, finding that the plea was entered voluntarily with understanding and that counsel was effective.
• Woodman J. Collins v. Walker
  335 F.2d 417· 5th Cir.· 1964-07-21 ·cited 18×
  The court should decree the nullity of the indictment based on a violation of state law regarding jury selection, rather than reaching a constitutional question.
• Mass. Trs. OF E. GAS & Fuel Assocs. v. United States
  312 F.2d 214· 1st Cir.· 1963-01-08 ·cited 18×
  The court held that the Maritime Commission had the authority under the Merchant Ship Sales Act of 1946 to include provisions in bare-boat charters requiring charterers to pay more than 50% of net voyage profits as additional charter hire.
• Volney Davis v. United States
  226 F.2d 834· 8th Cir.· 1955-11-04 ·cited 18×
  The court held that the petitioner competently and intelligently waived his constitutional right to counsel at arraignment and sentencing, and was not misled about the potential sentence.
• Koch v. United States
  150 F.2d 762· 4th Cir.· 1945-07-11 ·cited 18×
  The court held that the defendant's status as a registrant under the Selective Training and Service Act was sufficiently proven and that the illegality of his classification was not a defense to a prosecution for refusal to submit to induction.
• United States v. Dickerson
  901 F.2d 579· 7th Cir.· 1990-05-01 ·cited 16×
  The court held that the district court properly applied the sentencing enhancement statute, 18 U.S.C. § 924(e), considering both the defendant's 1982 Illinois burglary conviction and 1975 Illinois robbery conviction as 'violent felonies'.
• Richard O.J. Mayberry v. Petsock
  821 F.2d 179· 3d Cir.· 1987-06-15 ·cited 16×
  A habeas petitioner must provide specific factual allegations of state obstruction to excuse the failure to exhaust state remedies, and vague claims are insufficient to warrant discovery or an evidentiary hearing.
• McLEOD v. Immigr. & Naturalization Serv.
  802 F.2d 89· 3d Cir.· 1986-10-01 ·cited 16×
  The court held that the petitioner failed to establish a well-founded fear of persecution or a clear probability of persecution, and that procedural objections did not warrant a remand.
• United States v. Ahrens
  530 F.2d 781· 8th Cir.· 1976-02-17 ·cited 16×
  The court held that the government proved as a matter of law that a valid notice of deficiency was mailed to the taxpayer's last known address, and the presumption of official regularity supported the validity of its contents.
• Hart v. Eyman
  458 F.2d 334· 9th Cir.· 1972-03-22 ·cited 16×
  A federal court has the power to issue conditional orders in habeas corpus cases, offering the state alternatives including release, when the state fails to provide a trial transcript or a substitute, especially when the state's own procedures or actions caused the loss of the re
• Gallegos v. COX
  358 F.2d 703· 10th Cir.· 1966-03-25 ·cited 16×
  The court held that the information was not unconstitutionally vague and that the guilty plea was knowing and voluntary.
• H. P. Lambert Co., Inc. v. Secretary OF the Treasury
  354 F.2d 819· 1st Cir.· 1965-11-15 ·cited 16×
  The court held that the statute of limitations barred consideration of misconduct occurring more than five years prior to the revocation proceedings, requiring remand for reconsideration.
• Degner v. Celebrezze
  317 F.2d 819· 7th Cir.· 1963-05-28 ·cited 16×
  The court held that the District Court correctly affirmed the Secretary's decision because substantial evidence supported the findings, even if the plaintiff's version of the evidence were credited.
• O'Beirne v. Winfred Overholser
  287 F.2d 133· D.C. Cir.· 1960-11-23 ·cited 16×
• United States v. State OF Wash.
  233 F.2d 811· 9th Cir.· 1956-05-14 ·cited 16×
  The court held that the 1900 patent must be read to include the 25-year trust provision required by the 1884 Act, making the subsequent 1916 trust patent valid and the Government the real party in interest.
• Crockett v. Casssels
  116 So. 865· Fla.· 1928-05-01 ·cited 16×
  The court held that depositions were inadmissible because the commissioners who administered the oaths to the witnesses had not first taken their own oaths of office. This failure to qualify rendered the witnesses incompetent to testify via deposition.
• Clem v. Meserole
  44 Fla. 234· Fla.· 1902-01-01 ·cited 16×
  In this ejectment action, the Florida Supreme Court reversed the trial court's judgment for the plaintiff, holding that a judgment entry offered as evidence of title must be accompanied by the complete record of the underlying judgment, not merely the judgment entry alone, unless
• Brown v. Harley
  2 Fla. 159· Fla.· 1848-01-01 ·cited 16×
  A Florida Supreme Court case addressing the proper procedure for scire facias writs to revive judgments. The Court reversed the lower court's judgment, finding the scire facias writ defective because it alleged suggestion of execution to the now-defunct Superior Court rather than
• Nicholson v. Brown
  599 F.2d 639· 5th Cir.· 1979-07-26 ·cited 15×
  The Air Force's denial of a community essentiality exemption was reviewable for arbitrariness, but the district court erred in finding the denial arbitrary.
• Sutton v. Lash
  576 F.2d 738· 7th Cir.· 1978-05-22 ·cited 14×
  The court held that federal courts should be cautious in granting habeas relief when numerous factors weigh against it, particularly after a significant lapse of time.
• United States v. McKINLEY
  485 F.2d 1059· D.C. Cir.· 1973-09-10 ·cited 14×
  The court held that the admission of a sawed-off shotgun and pre-indictment photographic identification was not error, and that court-ordered lineup forms were admissible. Assault convictions were reversed as lesser included offenses.
• Clark v. Commanding Officer
  427 F.2d 7· 3d Cir.· 1970-05-25 ·cited 14×
  The court held that a registrant must demonstrate a change in status beyond their control as a prerequisite to reopening their classification request.
• United States v. Leavy
  422 F.2d 1155· 9th Cir.· 1970-01-27 ·cited 14×
  The court held that even if the local board erred in denying conscientious objector status, the appeal board's de novo review cured any such defect, rendering the induction order valid.
• Yeoman v. United States
  400 F.2d 793· 10th Cir.· 1968-09-23 ·cited 14×
  The court held that the registrant did not establish a prima facie case for ministerial classification and that the board's failure to notify him of the denial of his reclassification request was not prejudicial.
• Dagmar Wilson v. United States
  369 F.2d 198· D.C. Cir.· 1966-08-02 ·cited 14×
  The court held that the Speaker's automatic certification of contempt citations to the prosecutor, without further legislative consideration, was invalid because the governing statute contemplates a check on committee actions.
• Johnson v. United States
  285 F.2d 700· 9th Cir.· 1960-12-12 ·cited 14×
  The court held that the convictions were valid, rejecting arguments regarding prosecutorial approval, work assignment suitability, offered work types, physical examinations, and due process for occupational deferment.
• Wilhite v. United States
  281 F.2d 642· D.C. Cir.· 1960-07-14 ·cited 14×
  The court held that the District Court did not abuse its discretion in denying a fourth motion to vacate a sentence without a hearing, as prior motions and the passage of time precluded further collateral attack.
• United States v. Weber
  197 F.2d 237· 2d Cir.· 1952-06-05 ·cited 14×
  The court held that the trial court did not err in denying motions to dismiss the indictment, in denying the request for grand jury minutes, or in denying a mistrial, as the evidence presented was sufficient and proper.
• United States Ex rel. Adamantides v. Neelly
  191 F.2d 997· 7th Cir.· 1951-10-10 ·cited 14×
  The court held that the district court properly quashed the writ of habeas corpus and dismissed the petition because the administrative deportation proceedings were fair and supported by evidence, and the petitioner failed to properly contest the administrative record.
• United States v. Williams
  161 F.2d 835· 2d Cir.· 1947-05-16 ·cited 14×
  The court affirmed the conviction, holding that the evidence was sufficient for the jury's verdict and that while the trial judge erred in submitting the consent issue to the jury, it was not reversible error.