Presumption Of Regularity

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

• State v. Luster
  596 So. 2d 454· Fla.· 1992-04-02 ·cited 6×
  An abstract of judgment from the demanding state is sufficient for extradition purposes, even if it does not meet Florida's specific requirements for judgment and sentence documentation.
• Busboom Grain Co., Inc. v. Interstate Commerce Comm'n
  830 F.2d 74· 7th Cir.· 1987-09-02 ·cited 6×
  A stay pending judicial review of an ICC abandonment order is not essential to preserve shippers' ability to seek relief, as a favorable court decision can restore the status quo.
• In re NEW Concept Realty & Dev., Inc. v. NEW Concept Realty & Dev., Inc.
  753 F.2d 804· 9th Cir.· 1985-02-15 ·cited 6×
  An acknowledgment on a deed of trust, even if lacking explicit language of identity verification, is sufficient to impart constructive notice if the notary's affidavit confirms personal knowledge of the grantors.
• In re Grand Jury Matter Impounded
  703 F.2d 56· 3d Cir.· 1983-03-16 ·cited 6×
  The court held that orders denying a petition to quash a grand jury subpoena and a petition for access to grand jury records are not final for purposes of appeal, and thus the court lacks jurisdiction.
• United States v. Orbiz
  513 F.2d 816· 1st Cir.· 1975-04-17 ·cited 6×
  The court held that the appellant's speedy trial rights were not violated, the indictment was sufficient, the denial of grand jury minutes was proper, and the mistrial did not constitute double jeopardy.
• United States v. Burnett
  476 F.2d 726· 5th Cir.· 1973-03-23 ·cited 6×
  The court held that the trial court erred by excluding evidence crucial to the defendant's defense regarding the Selective Service Board's Order of Call and by giving a jury charge that improperly suggested guilt.
• United States v. Hall
  449 F.2d 1206· 5th Cir.· 1971-10-27 ·cited 6×
  The court held that the destruction of Selective Service records did not shift the burden of proof to the government, and the defendant's departure from the induction center constituted a refusal to submit to induction.
• Schram v. Hoyt C. Cupp
  436 F.2d 692· 9th Cir.· 1970-11-25 ·cited 6×
  The dissenting judge believes the majority erred by not granting a hearing to assess the credibility of the petitioner's assertion of non-knowing waiver of counsel.
• Hestad v. United States & Keith C. Hardie
  418 F.2d 1063· 7th Cir.· 1969-11-07 ·cited 6×
  The court held that the district court erred in granting relief under 28 U.S.C. § 2255 because the local boards' recommendations, coupled with the established administrative practice, constituted an "implied order" for civilian work, satisfying the requirements of selective servi
• United States v. Norman
  413 F.2d 789· 6th Cir.· 1969-07-15 ·cited 6×
  The court held that the defendant's failure to raise the issue of the order of call before the close of proofs precluded its review on appeal, relying on the presumption of regularity in Selective Service System proceedings.
• United States v. Vanover
  339 F.2d 987· 7th Cir.· 1965-01-05 ·cited 6×
  The court held that the evidence was sufficient to support the jury's finding of guilt for conspiracy to transport stolen motor vehicles, and that no reversible error occurred during the trial.
• Hanovich v. Beryl C. Sacks
  290 F.2d 798· 6th Cir.· 1961-06-09 ·cited 6×
  The court held that the state court had jurisdiction and the petitioner's federal constitutional rights were not violated, affirming the denial of the writ of habeas corpus.
• MacNEIL v. State Realty Co. OF Boston, Inc.
  229 F.2d 358· 1st Cir.· 1956-01-31 ·cited 6×
  The court should resolve the factual issue of the judgment's entry date before dismissing the appeal for lack of jurisdiction.
• Roupp v. Woods
  177 F.2d 149· Emer. Ct. App.· 1949-10-07 ·cited 6×
  The court held that the Expediter's finding of mailing was supported by substantial evidence, but there was insufficient evidence for notice regarding Apartment 2.
• Hart v. Mut. Ben. Life Ins. Co. of Newark
  166 F.2d 891· 2d Cir.· 1948-03-10 ·cited 6×
  The court held that plaintiffs are estopped from attacking the surrogate's decree, which is presumptively valid and bars their claim for additional interest.
• Nat'l Labor Relations Bd. v. Ford Motor Co.
  118 F.2d 766· 9th Cir.· 1941-03-31 ·cited 6×
  The court held that Ford's allegations did not warrant ordering the Board to reply to affirmative allegations or supplement the record with informal communications.
• Davis v. State
  137 Fla. 423· Fla.· 1939-04-07 ·cited 6×
  Morris Davis was indicted for first-degree murder in the death of his wife but convicted of second-degree murder. The Florida Supreme Court affirmed the conviction, rejecting challenges to jury selection procedures and the admission of the victim's dying declaration that the shoo
• Nicholson v. State
  38 Fla. 99· Fla.· 1896-06-01 ·cited 6×
  Andrew Nicholson was convicted of first-degree murder and sentenced to death. He appealed, arguing the trial court erred in refusing his motion for a new trial based on claims that a bailiff was improperly appointed and sworn to guard the jury in the judge's absence and without t
• Conraad L. Hoever v. FLA. Dept. OF Corr.
  156 So. 3d 543· Fla. 1st DCA· 2015-01-20 ·cited 5×
  Conraad Hoever appeals dismissal of his mandamus petition challenging the Department of Corrections' rejection of his untimely grievance appeal. The First District Court of Appeal reverses, holding that the DOC's receipt form alone does not rebut an inmate's presumption that he t
• Bearden v. Metro. Dade Cnty.
  258 So. 2d 344· Fla. 3d DCA· 1972-02-22 ·cited 5×
  The court held that Metropolitan Dade County had the authority to impose an excise tax on utility services in the unincorporated area, and the ordinance was not invalid due to the deposit of proceeds into the general fund.
• Ehlert v. United States
  422 F.2d 332· 9th Cir.· 1970-02-02 ·cited 5×
  The crystallization of conscientious objection after receiving an induction notice is not a change in status resulting from circumstances beyond the registrant's control.
• Rayborn v. United States
  251 F.2d 950· 6th Cir.· 1958-02-06 ·cited 5×
  The court held that the district court correctly denied the motion to vacate the sentence because the files and records conclusively showed the appellant was entitled to no relief.
• Higgason v. Clark
  984 F.2d 203· 7th Cir.· 1993-01-14 ·cited 4×
  The court held that a petitioner challenging a conviction used for sentence enhancement must demonstrate actual innocence or cause and prejudice for procedural defaults, and that a guilty plea is valid if voluntary and intelligent, not solely dependent on strong evidence of guilt
• United States v. Luckey Richardson, Jr.
  943 F.2d 547· 5th Cir.· 1991-09-20 ·cited 4×
  The court held that the good faith exception to the exclusionary rule applies even when a warrant is technically invalid due to a magistrate's failure to administer a proper oath, as long as the officers acted with an objectively reasonable belief in the warrant's validity.
• Morris v. Sullivan
  897 F.2d 553· D.C. Cir.· 1990-03-02 ·cited 4×
  The court held that federal courts lack jurisdiction under § 405(g) to review the Social Security Administration's denial of a petition to reopen a prior claim, even if the agency considered new evidence, unless a mandatory hearing was held.
• Guar. Sav. & Loan Ass'n v. Fed. Home Loan Bank Bd.
  794 F.2d 1339· 8th Cir.· 1986-07-09 ·cited 4×
  The court held that the district court did not err in dismissing Guaranty's action to remove a receiver appointed by the FHLBB, affirming the judgment.
• In re BIG River Grain, Inc. v. Small Bus. Admin.
  718 F.2d 968· 9th Cir.· 1983-10-20 ·cited 4×
  The court held that the acknowledgment on the quitclaim deed substantially complied with Idaho law, providing constructive notice to third parties.
• United States ex rel. Willie Sampson, Jr. v. Lue Brewer
  593 F.2d 798· 7th Cir.· 1979-03-12 ·cited 4×
  The court held that the seriousness of the convicted crimes and the lengthy sentences imposed provide a rational basis for the state court's denial of bail pending appeal.
• United States ex rel. John W. Gentry v. The Cir. Court OF Cook Cnty.
  586 F.2d 1142· 7th Cir.· 1978-11-15 ·cited 4×
  The court held that the district court's finding that the appellant waived his right to a jury trial in state court was not clearly erroneous, and therefore, his petition for a writ of habeas corpus was properly denied.
• Emilio Elisandro Ybarra v. United States
  461 F.2d 1195· 9th Cir.· 1972-06-14 ·cited 4×
  The court held that the district court did not err in denying an evidentiary hearing on the voluntariness of the guilty plea, as the record and applicable law at the time supported the plea's validity.
• United States v. McGEE
  460 F.2d 1287· 7th Cir.· 1972-01-11 ·cited 4×
  The court held that the defendant's refusal to cooperate in induction processing, specifically by failing to sign necessary documents, constituted a refusal to submit to induction, and that his claims regarding hardship deferment, irregular call order, confusing notices, and lack
• Ambrose Yesterday v. United States
  442 F.2d 1020· 9th Cir.· 1971-05-11 ·cited 4×
  The court held that even if the burden is on the government to prove a knowing guilty plea when the record is silent, the evidence presented was sufficient to sustain the district court's finding that the plea was valid.
• United States v. Craft
  423 F.2d 829· 9th Cir.· 1970-03-20 ·cited 4×
  The court held that the defendant's claims of due process violations by the Selective Service System and errors by the trial court were without merit, affirming his conviction.
• The AETNA Cas. & Sur. Co. v. Hase
  390 F.2d 151· 8th Cir.· 1968-03-05 ·cited 4×
  An insurer is collaterally estopped from asserting policy exclusions if it refused to defend the insured in the underlying action where the insured's status (e.g., statutory employee) was implicitly or explicitly determined.
• United States ex rel. Isaiah Rambert v. The State OF NEW York
  358 F.2d 715· 2d Cir.· 1966-04-01 ·cited 4×
  The court held that a habeas corpus hearing was not required because the appellant's claim of not being represented by counsel was contradicted by prior sworn statements and the presumption of regularity in court records.
• 1700 Ocean Ave. Corp. v. GBR Assocs.
  354 F.2d 993· 9th Cir.· 1965-12-29 ·cited 4×
  The court affirmed the judgment, holding that absent a full trial transcript, the presumption of regularity supports the trial court's quantum meruit award for services rendered.
• United States v. Domenico D'Agostino
  338 F.2d 490· 2d Cir.· 1964-11-23 ·cited 4×
  The court held that the evidence was clear, unequivocal, and convincing that the appellant obtained his naturalization by false and willful misrepresentations regarding his marital status and children.
• Watkins v. United States
  233 F.2d 681· D.C. Cir.· 1956-04-23 ·cited 4×
  The court held that the questions asked by the Committee on Un-American Activities were pertinent to a valid legislative purpose and authorized by statute, and that the First Amendment did not protect the witness's refusal to answer.
• Betton v. Willis
  1 Fla. 226· Fla.· 1847-01-01 ·cited 4×
  The Florida Supreme Court upheld a judgment in a collateral execution proceeding where a trustee claimed property levied upon by marshals, holding that the statutory trial of the right of property does not require formal issue joinder despite the appellant's contentions.
• Transdulles Ctr. v. USX Corp.
  976 F.2d 219· 4th Cir.· 1992-09-28 ·cited 3×
  The court held that the county's recording of a plan did not constitute approval, that the county could assign its cause of action, and that damages awarded were appropriate. The court also affirmed the denial of attorney's fees for USX against Gannett.
• Commc'ns Sys., Inc. v. City OF Danville
  880 F.2d 887· 6th Cir.· 1989-07-27 ·cited 3×
  The court held that the district court did not err in granting summary judgment for the defendants, as there were no genuine issues of material fact regarding the city's franchise award process and CSI's claims lacked merit.
• Brigman v. Bishop
  111 Fla. 504· Fla.· 1933-07-18 ·cited 3×
  In this mortgage foreclosure case, the Florida Supreme Court affirmed a deficiency decree against the original mortgagor and grantee assumors. The court held that a mortgagee may pursue both the original mortgagor and assuming grantees as principal debtors unless the mortgagee ha
• The Bank of N.Y. Mellon v. One Seagrove Place Owners Ass'n, Inc.
  276 So. 3d 486· Fla. 1st DCA· 2019-07-22 ·cited 2×
  The Bank of New York Mellon appealed the trial court's denial of its motion to vacate a foreclosure judgment entered by One Seagrove Place Owners Association. The Bank argued the judgment was void due to lack of personal jurisdiction based on improper service of process. The appe
• Ferrandino v. Riley
  236 So. 3d 493· Fla. 1st DCA· 2018-01-22 ·cited 2×
  A trial court does not abuse its discretion in quashing a subpoena and granting a protective order when the record supports findings that enforcement would impose undue burden and harassment on the non-party witness.
• Kivel v. United States
  878 F.2d 301· 9th Cir.· 1989-06-26 ·cited 2×
  A reasonable inspection of the public index of deeds, under California law, requires a searcher to investigate documents that may impart notice of a taxpayer's alias, even if those documents appear to be of historical or limited current effect.
• Am. Fed'n OF Gov't Emps., AFL-CIO v. Reagan
  870 F.2d 723· D.C. Cir.· 1989-03-24 ·cited 2×
  An executive order is presumed valid and effective, even if it does not facially show the President made required determinations, unless there is clear evidence of irregularity.
• United States v. Debevoise
  799 F.2d 1401· 9th Cir.· 1986-09-18 ·cited 2×
  The court held that the Assimilative Crimes Act applies to military personnel driving drunk on a military installation, but the defendant is entitled to a hearing regarding his prior convictions and right to counsel.
• Diaz-Soto v. Immigr. & Naturalization Serv.
  797 F.2d 262· 5th Cir.· 1986-08-20 ·cited 2×
  The court held that an agency's interpretation of its own regulation permitting an authorized official's signature to be affixed by another agent, with the official's approval, is reasonable and not contrary to the regulation's language.
• United States v. O'Malley
  764 F.2d 38· 1st Cir.· 1985-06-11 ·cited 2×
  The court held that the district court did not err in denying the motion to suppress wiretap evidence, as the authorization process and scope of the wiretaps were lawful.
• The United States v. Roses Inc.
  706 F.2d 1563· Fed. Cir.· 1983-04-25 ·cited 2×
  The court held that the International Trade Administration (ITA) erred in rejecting a petition for an antidumping investigation based on its own knowledge and expertise rather than solely on the petition and supporting information provided.