Presumption Of Regularity

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

• Stone v. Stone
  136 F.2d 761· D.C. Cir.· 1943-05-24 ·cited 14×
  The court held that a marriage procured by fraud, specifically the concealment of syphilis, may be annulled at the instance of the innocent party, and the presumption of official regularity does not override uncontradicted evidence of fraud.
• In re Evangeline Ref. Co. v. Charles N. Wooten, Ltd.
  890 F.2d 1312· 5th Cir.· 1989-12-11 ·cited 12×
  The court held that interim fee awards are interlocutory and subject to reexamination, and that the law of the case doctrine does not apply to them. It also found that the district court properly exercised independent judgment and that the bankruptcy court did not abuse its discr
• United States v. Lott
  854 F.2d 244· 7th Cir.· 1988-08-11 ·cited 12×
  The court held that preliminary hearing testimony obtained in violation of the Sixth Amendment right to counsel is admissible for impeachment purposes if it was voluntarily given and not coerced, balancing the anti-perjury policy against the constitutional violation.
• United States v. Amos Seastrunk
  580 F.2d 800· 5th Cir.· 1978-09-21 ·cited 12×
  The court held that the evidence was sufficient to prove the defendant used a dangerous weapon in committing the bank robbery, and the admission of credit card evidence was not an abuse of discretion.
• Appalachian Power Co. v. Env't Prot. Agency
  579 F.2d 846· 4th Cir.· 1978-06-13 ·cited 12×
  Challenges to superseded regulations are moot, and discrepancies in information did not rise to constitutional concern.
• Robinson v. State
  325 So. 2d 427· Fla. 1st DCA· 1976-01-26 ·cited 12×
  Robinson was convicted by jury of possession and sale of heroin and sentenced to two concurrent 5-year terms. The appellate court affirmed the convictions but reversed the concurrent sentencing as to one count, holding that when multiple offenses arise from the same transaction,
• Indus. Waste Serv., Inc. v. Ada Henderson
  305 So. 2d 42· Fla. 3d DCA· 1974-12-10 ·cited 12×
  Industrial Waste Service, Inc. and its employees appealed a $95,000 wrongful death judgment for James Henderson, who died when he fell from a moving garbage truck. The appellate court affirmed the jury verdict, rejecting arguments that Henderson's negligence was the sole proximat
• United States v. Rogers
  454 F.2d 601· 7th Cir.· 1971-12-07 ·cited 12×
  The court held that the admission of the employer's statement on SSS Form 153, even with a facsimile signature, was permissible as a business/official record exception to hearsay, and that the defendant's own statements corroborated this evidence, sufficient to sustain his convic
• United States v. Dobie
  444 F.2d 417· 4th Cir.· 1971-06-28 ·cited 12×
  The government failed to meet its burden of proving that Dobie's induction order was not illegally accelerated due to his delinquent status.
• Chaney v. United States
  406 F.2d 809· 5th Cir.· 1969-01-27 ·cited 12×
  The court held that the local board's failure to explicitly consider the registrant's request for reopening of his classification was not sufficient to overcome the presumption of regularity, and that the quashing of the subpoena duces tecum was proper.
• Martone v. United States
  396 F.2d 229· 1st Cir.· 1968-06-13 ·cited 12×
  The court held that the agents' entry and search were lawful, and the defendant's arguments on appeal were either waived or without merit.
• Panagos v. United States
  324 F.2d 764· 10th Cir.· 1963-12-06 ·cited 12×
  A knowing and intelligent waiver of the right to counsel at arraignment extends to the sentencing phase, absent intervening circumstances.
• Murray v. United States
  300 F.2d 804· 1st Cir.· 1962-04-02 ·cited 12×
  The court held that the district court erred in misplacing the burden of proof and improperly applying the presumption of regularity, necessitating a new trial.
• Donaldson v. United States
  264 F.2d 804· 6th Cir.· 1959-03-31 ·cited 12×
  The court held that the defendant failed to exhaust administrative remedies, and a factual dispute regarding the Attorney General's authority to file suit was immaterial.
• Farrell v. Lanagan
  166 F.2d 845· 1st Cir.· 1948-03-11 ·cited 12×
  The court held that the petitioner failed to demonstrate a denial of due process or constitutional rights, and thus affirmed the district court's dismissal of the habeas corpus petition.
• Roscoe v. Hunter
  144 F.2d 91· 10th Cir.· 1944-07-24 ·cited 12×
  The court held that the petitioner failed to meet the burden of proof for his claims of coerced guilty plea and denial of counsel, and that the trial court had jurisdiction to modify the original sentence.
• Wm. H. Christy v. Burch
  25 Fla. 942· Fla.· 1889-06-01 ·cited 12×
  The Florida Supreme Court affirmed a decree requiring the Christys to recognize the Burches' title to Florida land conveyed through a lost but proven deed from the Christys to Edward Houstoun, and then from Houstoun to the Burches. The court held that a married woman's deed need
• In re United States Dep't OF Def.
  848 F.2d 232· D.C. Cir.· 1988-06-03 ·cited 11×
  The court held that the district judge did not abuse his discretion in appointing a special master to review classified documents in a FOIA case, as exceptional circumstances justified the appointment under Rule 53(b).
• United States v. Cnty. OF Arlington
  669 F.2d 925· 4th Cir.· 1982-02-01 ·cited 11×
  The court held that the 1979 agreement granting reciprocal tax exemption to the GDR's property was valid and that the property was immune from execution of pre-May 4, 1979 tax liens. The court also held that the United States was not collaterally estopped by a prior judgment agai
• Thomas v. Louie L. Wainwright
  495 So. 2d 172· Fla.· 1986-10-02 ·cited 10×
  Death row inmate Ed Clifford Thomas petitioned for a writ of habeas corpus challenging his death sentence for murder. The Florida Supreme Court denied the petition and vacated a stay of execution, rejecting claims of ineffective assistance of appellate counsel and other constitut
• Vito Finetti v. Harris
  609 F.2d 594· 2d Cir.· 1979-09-12 ·cited 10×
  A judge must state reasons for denying bail to prevent arbitrary decisions and protect constitutional rights.
• United States v. Hellman
  556 F.2d 442· 9th Cir.· 1977-06-24 ·cited 10×
  An inventory search of an impounded vehicle is permissible without a warrant only if the searching officer has no significant discretion, and this routine practice must be demonstrated.
• Williams v. Trans World Airlines
  509 F.2d 942· 2d Cir.· 1975-01-10 ·cited 10×
  An air carrier is authorized to refuse transportation to a passenger if, in its opinion, such transportation would or might be inimical to safety of flight, and this refusal is not subject to claims of unjust discrimination if properly exercised under the statute.
• In re Grand Jury Proceedings. Universal Mfg. Co. v. United States
  508 F.2d 684· 8th Cir.· 1975-01-06 ·cited 10×
  The court held that the subpoena duces tecum was properly issued for a lawful grand jury purpose and was not unreasonably broad, and that the witness offered no valid reason for non-compliance.
• Anderson v. The United States
  490 F.2d 921· Ct. Cl.· 1974-01-23 ·cited 10×
  The court held that mileage pay should not be included in the basic hourly rate for overtime calculations, arbitraries are not compensable overtime, on-call time is not compensable work, and daily overtime hours are not counted towards the weekly overtime total.
• State OF Israel v. The Motor Vessel Nili
  435 F.2d 242· 5th Cir.· 1970-10-23 ·cited 10×
  The court held that a lien preclusionary clause in a foreign ship mortgage is ineffective to subordinate American maritime liens under 46 U.S.C. § 951, and that foreign mortgagees can foreclose under § 951.
• Citizens TO Preserve Overton Park, Inc. v. Volpe
  432 F.2d 1307· 6th Cir.· 1970-09-29 ·cited 10×
  The court held that an affidavit based on information and belief, omitting crucial qualifying phrases, does not constitute competent evidence to contradict a positive statement of facts in an opposing affidavit for summary judgment purposes. The court also held that the district
• United States v. Casson
  434 F.2d 415· D.C. Cir.· 1970-03-24 ·cited 10×
• United States v. Bowen
  421 F.2d 193· 4th Cir.· 1970-02-19 ·cited 10×
  The court held that the defendant was denied due process when the trial judge erroneously refused to permit him to testify on the issue of wilfulness in his failure to report for induction.
• United States v. Jones
  384 F.2d 781· 7th Cir.· 1967-07-31 ·cited 10×
  The court held that the defendant was not prejudiced by the lack of advisors or alleged procedural errors, and therefore his conviction for refusing induction stands.
• Norwood Lee Wilson v. State
  164 So. 2d 43· Fla. 2d DCA· 1964-04-22 ·cited 10×
  Wilson appeals his burglary conviction, challenging the trial court's finding that he was not indigent and had intelligently waived his right to counsel. The appellate court reverses, holding that the evidence fails to support the trial court's findings and that the ambiguous arr
• Hilker & Bletsch Co. v. United States
  210 F.2d 847· 7th Cir.· 1954-02-26 ·cited 10×
  A claim for tax drawback is not considered filed until it is actually received by the proper office, and an attempted filing after the office has closed does not constitute a timely filing.
• Williams v. Phiel
  60 Fla. 272· Fla.· 1910-06-01 ·cited 10×
  In this contract dispute over a phosphate mining lease, the Florida Supreme Court affirmed a judgment for unpaid royalties against the lessees, holding that the declaration sufficiently stated a cause of action and the trial court properly overruled the unsworn pleas that tender
• Certain Lands Upon Which Taxes Are Delinquent (Located in City of Coronado Beach v. City of Coronado Beach
  128 Fla. 884· Fla.· 1937-07-31 ·cited 9×
  A Florida landowner appealed the confirmation of a tax sale conducted by a Special Master, claiming the sale price was grossly inadequate compared to the property's actual value and that the Special Master improperly rejected a higher bid from his agent. The Florida Supreme Court
• United States v. Corky Nunez
  877 F.2d 1470· 10th Cir.· 1989-06-20 ·cited 8×
• Kelly v. The United States
  826 F.2d 1049· Fed. Cir.· 1987-08-14 ·cited 8×
  The court held that the Claims Court had jurisdiction and correctly granted summary judgment, finding that the Air Force's failure to provide required spousal notice invalidated the service members' elections not to participate in the Survivor Benefit Plan.
• In re Subpoenas TO Local 478
  708 F.2d 65· 2d Cir.· 1983-05-19 ·cited 8×
  The court held that the denial of the motion to terminate the grand jury investigation and the denial of the motion to quash subpoenas are not appealable orders, but the denial of the motion for return of documents is a final, appealable order.
• Ditbro Pearl Co., Inc. v. The United States
  515 F.2d 1157· C.C.P.A.· 1975-05-15 ·cited 8×
  The court held that an abstract of a Customs Service decision, absent further facts, is insufficient to establish a presumption of an established and uniform practice for purposes of tariff classification.
• United States v. Johnson
  476 F.2d 1251· 5th Cir.· 1973-03-20 ·cited 8×
  The court affirmed the conviction but remanded for resentencing, holding that the indictment was sufficient and the jury's finding on the lawfulness of the order of call was supported by evidence, despite the defendant's claims of procedural irregularities and discriminatory boar
• Harlan Allen Tibbs v. United States
  459 F.2d 292· 9th Cir.· 1972-05-02 ·cited 8×
  The court held that the government met its burden to prove the appellant's guilty plea was voluntary and made with understanding, despite the trial court's initial non-compliance with Rule 11 requirements.
• City OF Coral Gables v. Sackett
  253 So. 2d 890· Fla. 3d DCA· 1971-09-28 ·cited 8×
  The City of Coral Gables appealed a trial court judgment that enjoined the city's rezoning approval as violating its own zoning code's one-year reconsideration restriction. The appellate court reversed, holding that the plaintiff failed to prove the initial February 9 rejection w
• Myers v. United States
  446 F.2d 232· 9th Cir.· 1971-07-28 ·cited 8×
  A defendant sentenced under a statute with a maximum but no mandatory minimum sentence is not automatically entitled to credit for pre-sentence custody.
• United States v. Goodman
  435 F.2d 306· 7th Cir.· 1970-12-11 ·cited 8×
  The court held that the defendant's procedural challenges to the Selective Service Board's actions were without merit, and that there was a sufficient basis in fact for his classification and the order to report for civilian work.
• Kuklis v. Hancock
  428 F.2d 608· 5th Cir.· 1970-06-25 ·cited 8×
  The court held that the blood alcohol test results were admissible and that the trial court did not err in rejecting the defenses of contributory negligence and assumption of the risk.
• Jarrett v. United States
  423 F.2d 966· 8th Cir.· 1970-03-16 ·cited 8×
  The court held that the district court did not err in ruling that the petitioner's confession was voluntary and that his guilty plea was entered knowingly and intelligently, thus denying his motion for post-conviction relief.
• Carlisle Cooper v. United States
  233 F.2d 821· 8th Cir.· 1956-06-08 ·cited 8×
  The court held that the evidence was sufficient to support the jury's verdict of perjury, finding that the defendant was properly sworn by an authorized officer and that his Sixth Amendment and Administrative Procedure Act rights were not violated.
• Murarka v. Bachrack Bros., Inc.
  215 F.2d 547· 2d Cir.· 1954-08-03 ·cited 8×
  The court held that the plaintiffs' loss of profits on resale constituted general damages recoverable under New York law when there was no available market for the goods, and the defendant's resale price could not be used to calculate damages. The court also affirmed the lower co
• City of Orlando v. Gooding
  34 Fla. 244· Fla.· 1894-06-01 ·cited 8×
  The City of Orlando sued on a performance bond executed by Charles T. Gooding as clerk and treasurer, with three sureties. The central issue was whether a material alteration (the interlineation of "jointly and severally") made after execution but before delivery, without the sur
• City OF W. Palm Beach v. Williams
  291 So. 2d 572· Fla.· 1974-02-13 ·cited 7×
  The Florida Supreme Court held that municipalities may lease public land for private uses when no bonds are issued, public funds expended, or eminent domain exercised in furtherance of the lease, provided the municipality has legislative authority to do so. The court reversed the
• Coker v. DeWitt C. Dawkins
  20 Fla. 141· Fla.· 1883-06-01 ·cited 7×
  In this 1883 Florida Supreme Court case, Coker appeals a decree setting aside a sheriff's sale of property purchased at execution. The court reverses, holding that the sale was conducted fairly and that inadequacy of price alone cannot invalidate a public sale conducted without f