Presumption Of Regularity

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

• Washington v. State
  414 So. 2d 522· Fla. 3d DCA· 1981-08-04 ·cited 2×
  The court affirmed a conviction for petit theft after finding that the defendant effectively waived his right to a jury trial, as evidenced by a supplemented record showing an in-court waiver after consultation with counsel.
• Thompson v. Gaffney
  540 F.2d 251· 6th Cir.· 1976-08-13 ·cited 2×
  The court held that a narrowing construction of an "almost identical" ordinance in a prior state case could cure the unconstitutional overbreadth of the ordinance under which the petitioner was convicted, and that the absence of a trial transcript precluded a finding that the jur
• Bruno v. United States
  474 F.2d 1261· 8th Cir.· 1973-03-12 ·cited 2×
  The court held that the district court did not err in denying the petition for a writ of coram nobis, as the appellant was effectively represented by counsel during his 1934 guilty plea.
• United States v. Roberts
  466 F.2d 193· 7th Cir.· 1972-08-03 ·cited 2×
  The court held that the Selective Service Board's mailing of notices to the registrant's last known address constituted sufficient notice, even if not actually received, and that the termination of postponement and refusal to reopen classification were proper.
• United States v. Tate
  466 F.2d 432· D.C. Cir.· 1972-08-03 ·cited 2×
  The court held that the juvenile court judge complied with the mandate of Kent v. United States regarding waiver proceedings, and the district court erred in dismissing the indictment.
• United States v. Andrews
  462 F.2d 914· 1st Cir.· 1972-05-19 ·cited 2×
  The court held that the district court erred in dismissing the indictment based on an incorrect interpretation of Massachusetts pauper laws and by failing to allow the government an opportunity to present evidence.
• United States v. Retallick
  434 F.2d 990· 9th Cir.· 1970-11-13 ·cited 2×
  The court held that the defendant's conviction for refusing induction was proper, as the alleged procedural errors were either not raised below or lacked sufficient evidence to overcome the presumption of regularity.
• Schram v. Hoyt C. Cupp
  425 F.2d 612· 9th Cir.· 1970-04-17 ·cited 2×
  The dissenting judge would affirm the trial court's finding that the appellant failed to meet the burden of proving an inadequate waiver of counsel.
• Freehill v. Benn
  348 F.2d 911· 4th Cir.· 1965-07-20 ·cited 2×
  The court held that the district judge's finding that the defendant was not properly served in the Florida action was not clearly erroneous.
• Atlas Life Ins. Co. v. Nat'l Labor Relations Bd.
  295 F.2d 327· 10th Cir.· 1961-10-10 ·cited 2×
  The court held that the National Labor Relations Board was not required to prove a union's compliance with statutory requirements in an unfair labor practice proceeding, and the employer waived its right to assert noncompliance by failing to attempt to prove it.
• Shelbourne Enters., Inc. v. Last
  129 So. 2d 430· Fla. 3d DCA· 1961-05-04 ·cited 2×
  Shelbourne Enterprises appeals a directed verdict denial in a slip and fall injury case where the plaintiff's substituted administrator lacked documentary proof of capacity. The court affirmed, holding that procedural rules create presumptions of regularity and require specific p
• United States v. Lowenthal
  248 F.2d 397· 7th Cir.· 1957-10-02 ·cited 2×
  The court held that the admission of mail return receipts as proof of service was proper under the statute, and that the defendant's other alleged errors were not grounds for reversal.
• United States v. Zuskar
  237 F.2d 528· 7th Cir.· 1956-10-24 ·cited 2×
  The court held that Section 235(a) of the Immigration and Nationality Act of 1952 empowers the Immigration and Naturalization Service to subpoena a witness to testify regarding matters material to the enforcement of the Act, even if the witness is a U.S. citizen and the investiga
• Piner v. The United States
  222 F.2d 199· 7th Cir.· 1955-04-27 ·cited 2×
  The court held that the appellant competently and intelligently waived his constitutional right to counsel, despite the lack of a complete original record.
• Reines v. Woods
  192 F.2d 83· Emer. Ct. App.· 1950-05-22 ·cited 2×
  The court held that the Rent Director's order reducing rent retroactively was valid because the proceeding was commenced within three months of the registration date, and the complainant failed to demonstrate the order was arbitrary or that she was denied due process.
• LA Porte v. Bitker
  145 F.2d 445· 7th Cir.· 1944-11-08 ·cited 2×
  The court held that the administrative process used to issue the suspension order did not violate due process, as the plaintiffs were afforded a substantial hearing and the decision-maker was presumed to have considered the evidence.
• Centers v. Sanford
  120 F.2d 217· 5th Cir.· 1941-06-03 ·cited 2×
  The court held that a petitioner in habeas corpus bears a heavy burden to prove facts contradicting the official court record, and unsupported testimony is insufficient to overcome the presumption of regularity.
• Williams v. State
  94 Fla. 264· Fla.· 1927-07-15 ·cited 2×
  H. E. Williams, cashier of Planters Bank, was convicted of making false entries in the bank's books with intent to defraud. The Florida Supreme Court affirmed his convictions on three counts, rejecting his challenge based on alleged procedural defects in the trial record.
• Ada Dunaway v. Ferst
  51 Fla. 180· Fla.· 1906-01-01 ·cited 2×
  Mrs. Ada Dunaway filed an affidavit in Circuit Court claiming certain property levied upon by the sheriff as her own, disputing the property's seizure under an execution in favor of M. Ferst & Sons & Company. The jury found against the claimant, and the Florida Supreme Court affi
• Stanley v. Wells Fargo Bank
  937 So. 2d 708· Fla. 5th DCA· 2006-08-18 ·cited 1×
  The court held that the trial court did not err in entering a summary final judgment of foreclosure.
• Stevens
  Del.· 2025-08-11
  The Delaware Supreme Court affirmed the defendant's convictions for driving under the influence of drugs and driving with a suspended license. The court held that the trial court did not abuse its discretion in admitting toxicology evidence derived from blood tests, as the State
• Dep't OF Transp. v. J&J Props. OF Langhorne, LLC
  Del. Super. Ct.· 2025-05-16
  The Delaware Department of Transportation (DelDOT) properly initiated a condemnation action to acquire a permanent easement for the Sears Boulevard Extension. The court denied J&J Properties' motion to dismiss, finding that DelDOT adequately alleged a public purpose and a permiss
• Thedigital.support LLC v. Smarketing Techs. Corp.
  Fla. 3d DCA· 2023-09-13
  When a party fails to provide a transcript of an evidentiary hearing in the appellate record, the appellate court must presume the trial court's order was based on additional evidence adduced at the hearing and affirm absent clear error.
• Sierra Club v. U.S. Fish & Wildlife Serv.
  M.D. Fla.· 2021-12-01
  The court held that a federal agency is not required to provide a privilege log for deliberative process documents in APA cases, and extra-record evidence is generally inadmissible unless specific exceptions are met.
• Sierra Club v. U.S. Fish & Wildlife Serv.
  M.D. Fla.· 2021-09-30
  Agencies are not required to produce a privilege log for deliberative-process documents in APA review, and courts should not consider extra-record materials absent a showing of bad faith or improper behavior.
• Ctr. for Biological Diversity v. U.S. Fish & Wildlife Serv.
  S.D. Fla.· 2020-05-26
  Deliberative documents are not categorically excluded from the administrative record and may be withheld only upon a substantiated claim of the deliberative process privilege, documented in a privilege log.
• V. ID. Nos. 1801011371 & 1802005270 Theodore Xenidis
  Del. Super. Ct.· 2019-04-26
  The Delaware Supreme Court held that the State is not required to prove that a defendant was represented by counsel or knowingly waived counsel in a prior DUI misdemeanor proceeding to use that conviction for sentence enhancement under Delaware's recidivist DUI statute. The Court
• Williams v. Florida
  109 F. Supp. 2d 1372· S.D. Fla.· 2000-08-23
  The petition for a writ of habeas corpus is denied because the petitioner failed to present evidence of systematic exclusion or purposeful discrimination in jury selection and the presumption of regularity attaches to the conviction.
• United States v. Collado
  957 F.2d 38· 1st Cir.· 1992-02-21
  The court held that the district court did not abuse its discretion in admitting the plastic bag into evidence, as its chain of custody was sufficiently established.
• Petrelle v. Weirton Steel Corp.
  953 F.2d 148· 4th Cir.· 1991-12-30
  A work sharing agreement between the EEOC and a state agency requires a referral of charges to the state agency to commence proceedings under ADEA § 633(b), but a presumption of regularity, supported by evidence of a referral form, can establish that such a referral occurred.
• United States v. Payan
  905 F.2d 1376· 10th Cir.· 1990-06-07
  The court held that a routine citizenship check at a temporary Border Patrol checkpoint, similar to those at permanent checkpoints, does not violate the Fourth Amendment. The court also found that the search of the vehicle was consensual.
• United States v. Daulton McKIE
  831 F.2d 819· 8th Cir.· 1987-10-27
  The court held that a subsequent guilty verdict by the petit jury renders harmless any conceivable error in the grand jury charging decision, including alleged prosecutorial misconduct.
• Frisby v. United States Dep't OF Hous. & Urban Dev. (HUD)
  755 F.2d 1044· 3d Cir.· 1985-02-28
  The court held that HUD's decision to sell Everett Gardens without subsidies was not supported by the administrative record and failed to comply with its own regulations and the governing statute.
• In re Grand Jury Proceedings/Subpoenas
  593 F. Supp. 92· S.D. Fla.· 1984-06-22
  Grand jury subpoenas filled in and served by unauthorized government officials, rather than the requesting party as required by Rule 17(a), are an abuse of process and must be quashed.
• In re Berrios
  706 F.2d 355· 1st Cir.· 1983-04-28
  The court held that a witness's refusal to comply with a district court order to provide grand jury evidence constituted contempt, and the arrest as a material witness was proper under the statute.
• Giordano v. Fair
  697 F.2d 14· 1st Cir.· 1983-01-05
  The court held that the state court's interpretation of the escape statute, which allowed conviction based on proof of lawful custody under the Interstate Agreement on Detainers (IAD) and a presumption of regularity, did not violate due process.
• Vincent v. Brown
  590 F.2d 1137· D.C. Cir.· 1978-10-23
  The court held that it could not rule on the plaintiff's claim regarding the presumption of regularity in the discharge review process due to the case's current posture and the need to exhaust administrative remedies.
• United States v. Williams
  544 F.2d 1389· 8th Cir.· 1976-11-24
  The court held that the admission of heroin packets and coconspirator testimony was proper, affirming the conviction.
• Hara v. United States
  505 F.2d 495· 9th Cir.· 1974-10-23
  The court held that an unidentified stamped entry in a Selective Service file indicating failure to report for induction is admissible under 28 U.S.C. § 1733(a) as a record kept pursuant to official duty.
• United States v. Jennings
  473 F.2d 999· 9th Cir.· 1973-01-18
  The court held that the appellant's conviction for violating the Military Selective Service Act was valid, affirming the lower court's decision.
• Lennie Elizabeth Pate v. State
  256 So. 2d 223· Fla. 1st DCA· 1972-01-06
  Lennie Elizabeth Pate was convicted of uttering and publishing a forged will under Florida law and sentenced to ten years imprisonment. The appellate court reversed and remanded for a new trial, finding that the state failed to establish a prima facie case due to insufficient pro
• Duty v. Dotson
  406 F.2d 816· 6th Cir.· 1969-02-14
  The court held that the trial judge's refusal to sustain challenges for cause against two prospective jurors, who were plaintiffs in pending lawsuits, was not reversible error under the facts of this case.
• G. A. C. Commercial Corp. v. Aurora Trucking Co., Inc.
  404 F.2d 761· 6th Cir.· 1968-12-09
  The dissenting judge holds that the appellant has met its burden of proving damages due to the appellee's default, based on the appraisal of the trucks.
• Wallace v. United States
  377 F.2d 284· 6th Cir.· 1967-05-09
  The court held that the district judge did not err in denying the writ of coram nobis, as the petitioner failed to meet his burden of proof.
• Smith v. Smith
  148 So. 2d 287· Fla. 1st DCA· 1963-01-08
  In this 1963 Florida divorce appeal, the wife challenges a divorce decree granted to the husband on grounds of desertion, arguing that her prior filing of a separate maintenance action in Ohio should have tolled the desertion period. The court affirmed the divorce decree, holding
• William B. Bostian in Bankruptcy of Amos P. Conard v. Miller
  285 F.2d 498· 10th Cir.· 1960-11-12
  A Kansas attachment lien, based on a non-resident affidavit that was not amended to reflect the defendant's actual residency, is void under Section 67 of the Bankruptcy Act, even if later perfected by a judgment and bond.
• Lucking v. Ojai Mut. Water Co.
  256 F.2d 403· 9th Cir.· 1958-03-26
  The court held that the trial court properly affirmed the judgment on the issues tried regarding the validity of the amendment to the Articles of Incorporation, but the dismissal of the remaining claims should be modified to be without prejudice.
• Shanks Vill. Comm. Against Rent Increases v. Cary
  197 F.2d 212· 2d Cir.· 1952-06-03
  The court held that the lower court erred in denying a temporary injunction because it applied the wrong legal standard and did not properly consider the plaintiffs' rights under the Lanham Act. The court found that the 'financial reach' of the veterans, not 'increased operating
• Kolar v. Woods
  189 F.2d 736· 5th Cir.· 1951-06-15
  The court held that the defendants violated rent control acts by forcing a tenant to pay more than the maximum legal rent through a "tie-in" stock purchase scheme.
• Betts v. Lonas
  172 F.2d 759· D.C. Cir.· 1948-12-20
  The court held that a will is presumed to be duly executed if it appears regular on its face, even if witnesses cannot confirm seeing the testator's signature.