Procedural Rights

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

• Ferguson v. Thomas
  430 F.2d 852· 5th Cir.· 1970-06-23 ·cited 221×
• State v. Lavazzoli
  434 So. 2d 321· Fla.· 1983-07-07 ·cited 153×
  Florida's Supreme Court held that a 1983 constitutional amendment conforming Florida's search-and-seizure exclusionary rule to federal Fourth Amendment standards does not apply retroactively to cases pending at the time of the amendment's adoption. The court applied the prior, mo
• Walker & LaBERGE, Inc. v. Halligan
  344 So. 2d 239· Fla.· 1977-03-17 ·cited 151×
  Walker & LaBerge, Inc. sought summary judgment claiming immunity from suit under Florida's Workers' Compensation Act for injuries to an employee of a co-subcontractor. The Florida Supreme Court reversed the trial court's denial of summary judgment, holding that the 1974 amendment
• Smith v. Resor
  406 F.2d 141· 2d Cir.· 1969-01-13 ·cited 107×
  A federal court may review military decisions to call a reservist for active duty if the reservist's procedural rights under statutes and regulations were violated, causing substantial prejudice.
• Dorothea M. Scroggins v. The United States
  397 F.2d 295· Ct. Cl.· 1968-06-14 ·cited 97×
  The court held that the Civil Service Commission's decision to involuntarily retire the plaintiff for disability was justified and not subject to judicial review absent a substantial procedural error or misconstruction of law.
• United States v. Gallagher
  183 F.2d 342· 3d Cir.· 1950-06-21 ·cited 93×
  A defendant should be allowed to submit contentions that he pleaded guilty to a crime he did not commit, potentially through attorney inadvertence.
• In re Fried
  161 F.2d 453· 2d Cir.· 1947-02-25 ·cited 84×
  The dissenting judge would affirm the lower court's order in all respects, disagreeing with the majority's suppression of a confession prior to trial.
• Murray Rubin v. State
  390 So. 2d 322· Fla.· 1980-07-10 ·cited 66×
  The Florida Supreme Court held that the two-year statute of limitations in effect when Rubin's crimes were committed in 1974-1975 applies to determine timeliness of prosecution, not a subsequently enacted three-year statute. The Court affirmed Rubin's convictions because the init
• United States v. Affleck
  765 F.2d 944· 10th Cir.· 1985-05-24 ·cited 64×
  The court's holding is not explicitly stated as the opinion is a dissent.
• Gueory v. Robert E. Hampton (Chairman of the United States Civil Serv. Commission)
  510 F.2d 1222· D.C. Cir.· 1974-09-09 ·cited 63×
  The court held that the district court erred in requiring a specific showing of how an employee's criminal conduct deleteriously affected suitability for employment, as the nexus between manslaughter and the efficiency of the service was clear.
• State of Fla. ex rel. Arthur Eugene Manucy v. The Honorable W. L. Wadsworth
  293 So. 2d 345· Fla.· 1974-04-01 ·cited 56×
  The Florida Supreme Court addressed whether the two-year statute of limitations for non-capital offenses applies to crimes allegedly committed before Furman v. Georgia abolished capital punishment in 1972. The Court held that the statute of limitations in force at the time of the
• Childs v. United States Bd. OF Parole
  511 F.2d 1270· D.C. Cir.· 1974-12-19 ·cited 55×
  The court held that parole applicants are entitled to a brief statement of the grounds for denial under the Administrative Procedure Act, rather than requiring a full constitutional due process analysis.
• Morrow v. Dist. OF Columbia
  417 F.2d 728· D.C. Cir.· 1969-04-18 ·cited 52×
  The majority opinion established precedent for issuing orders regarding the dissemination of arrest records when a case is dismissed in favor of the defendant, asserting ancillary jurisdiction.
• Mathis v. State
  31 Fla. 291· Fla.· 1893-01-01 ·cited 51×
  Mathis was convicted of first-degree murder and challenged the constitutionality of the reduction in peremptory challenges from twenty to ten in capital cases under Florida's Revised Statutes. The Florida Supreme Court held that the Revised Statutes were constitutionally enacted
• United States v. Pisani
  773 F.2d 397· 2d Cir.· 1985-09-12 ·cited 49×
  The court held that the trial judge's conduct, while regrettable, did not deprive the defendant of a fair trial, but reversed convictions based on an erroneous jury instruction regarding the taxability of campaign funds used for personal expenses and the mail fraud statute's appl
• Major Leo D. Doyle v. The United States
  599 F.2d 984· Ct. Cl.· 1979-05-16 ·cited 47×
  The absence of Reservists on selection boards was harmless error because reconstituted boards, considering the same officers and standards, also did not select the plaintiffs.
• Nestor v. Hershey
  425 F.2d 504· D.C. Cir.· 1969-12-16 ·cited 46×
  The court held that the appellant was entitled to a mandatory I-S deferment under the Military Selective Service Act of 1967, and that pre-induction judicial review was therefore permissible. The lower court's dismissal was reversed.
• United States ex rel. Berman v. Craig
  207 F.2d 888· 3d Cir.· 1953-11-27 ·cited 46×
  The court held that the local board's failure to consider the registrant's change in status and its premature issuance of an induction order violated his procedural rights under Selective Service Regulations.
• Rev. Chester O. Thompson v. Washington
  497 F.2d 626· D.C. Cir.· 1973-12-10 ·cited 44×
  Tenants of low-rent public housing are entitled to notice of proposed rent increases and an opportunity to present written objections.
• Dilley v. Alexander
  603 F.2d 914· D.C. Cir.· 1979-02-26 ·cited 42×
  The court held that the Army's violation of 10 U.S.C. § 266 was not rendered meaningless by subsequent 'relook boards' and that a new argument raised in a second petition for rehearing would not be considered.
• Fed. Deposit Ins. Corp. v. 232, Inc.
  920 F.2d 815· 11th Cir.· 1991-01-07 ·cited 41×
  The appellate court held that the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (FIRREA) applies to cases pending at its enactment, and the district court properly denied remand.
• McGLASSON v. The United States
  397 F.2d 303· Ct. Cl.· 1968-06-14 ·cited 39×
  The court held that the plaintiff failed to sustain her burden of proof for recovery and that the petition must be dismissed, agreeing with the outcome but not the plurality's reasoning.
• Patrica Drown v. Portsmouth Sch. Dist.
  435 F.2d 1182· 1st Cir.· 1970-12-18 ·cited 36×
  A non-tenured teacher not rehired is entitled to a detailed written explanation of the reasons for non-retention and access to evaluation reports, but not a full administrative hearing.
• Gulf OIL Corp. v. United States Dep't OF Energy
  663 F.2d 296· D.C. Cir.· 1981-08-24 ·cited 35×
  The court held that while the district court's intervention was initially justified to preserve a record of alleged misconduct, subsequent events reduced the threat to litigants' rights, necessitating vacation of the order.
• Trustees FOR Alaska v. Hodel
  806 F.2d 1378· 9th Cir.· 1986-12-23 ·cited 32×
  The dissenting judge believes the 1002 report is not a 'study process' requiring extensive public comment procedures under NEPA.
• The Mont. Power Co. v. Fed. Power Comm'n
  445 F.2d 739· D.C. Cir.· 1970-07-15 ·cited 32×
  The dissenting opinion argues that section 28 of the Federal Water Power Act of 1920, which protects existing licenses from subsequent amendments, should prevent the Federal Power Commission from unilaterally altering the arbitration clause for rental readjustments in the Montana
• Hanifan v. The United States
  354 F.2d 358· Ct. Cl.· 1965-12-17 ·cited 32×
  The court held that the plaintiff was unlawfully denied a procedural right by the Civil Service Commission's failure to require the production of key witnesses for cross-examination, thus voiding the removal action.
• Philco Corp. v. Phillips MFG. Co.
  133 F.2d 663· 7th Cir.· 1943-01-19 ·cited 32×
  The court held that federal law governs trademark infringement and unfair competition cases involving registered trademarks used in interstate commerce, and federal courts should exercise independent judgment in interpreting the Trade-Mark Act of 1905, rather than applying state
• Gersman v. Grp. Health Ass'n, Inc.
  975 F.2d 886· D.C. Cir.· 1992-09-15 ·cited 31×
  The court held that the Civil Rights Act of 1991 does not apply retroactively to conduct that occurred before its enactment, and therefore, the prior ruling based on Patterson v. McClean Credit Union stands.
• Cal. Ass'n OF the Physically Handicapped, Inc. v. Fed. Commc'ns Comm'n
  778 F.2d 823· D.C. Cir.· 1985-12-10 ·cited 30×
  The court held that the California Association of the Physically Handicapped (CAPH) lacked standing to appeal the FCC's approval of a stock transfer because its alleged injury was not fairly traceable to the FCC's action.
• Refugio Fernandez v. Brock
  840 F.2d 622· 9th Cir.· 1988-05-23 ·cited 29×
  The court held that the farmworkers have standing to sue because the invasion of procedural rights allegedly created by ERISA provisions is sufficient to establish injury in fact, but that the statute does not mandate the Secretary to promulgate regulations for seasonal workers.
• Philadelphia Citizens IN Action by Roxanne Jones v. Schweiker
  669 F.2d 877· 3d Cir.· 1982-01-15 ·cited 29×
  The court held that the federal defendant had good cause under the APA to dispense with notice and comment procedures when promulgating regulations for the AFDC program.
• Edwards v. Selective Serv. Local Bd. NO. 111
  432 F.2d 287· 5th Cir.· 1970-09-15 ·cited 29×
• United States v. Leisure
  844 F.2d 1347· 8th Cir.· 1988-04-25 ·cited 28×
  The court affirmed the convictions of Anthony Leisure, Charles Loewe, David Leisure, and Paul Leisure, but reversed and remanded Wougamon's convictions on Counts I and IV.
• South East Lake View Neighbors v. Dep't OF Hous. & Urban Dev.
  685 F.2d 1027· 7th Cir.· 1982-07-28 ·cited 28×
  The court held that the plaintiffs lacked standing because the requested relief, enjoining federal funding, would not redress their alleged injuries given the building's near completion and inevitable occupancy.
• Miller v. United States
  354 F.2d 801· 8th Cir.· 1966-01-05 ·cited 26×
  The court held that the trial judge's conduct during suppression hearings was not prejudicial, the seizure of diaries was lawful as incident to a valid arrest, and the use of information derived from the diaries was permissible.
• Parodi v. Merit Sys. Prot. Bd. & Off. of Pers. Mgmt.
  702 F.2d 743· 9th Cir.· 1982-10-21 ·cited 25×
  The court held that it has jurisdiction to review the denial of disability benefits and that the plaintiff was disabled under the governing statute, as her hypersensitivity to cigarette smoke rendered her unable to perform her specific job, and the burden shifts to the government
• Love v. Ira S. Jacobson, M.D.
  390 So. 2d 782· Fla. 3d DCA· 1980-11-25 ·cited 25×
  The Loves sued for medical malpractice but voluntarily dismissed their action on the trial date. The hospital sought and obtained attorney's fees under a statute allowing such fees when no justiciable issue exists. The appellate court reversed because the statute was not retroact
• McFARLAND v. The United States
  517 F.2d 938· Ct. Cl.· 1975-05-14 ·cited 25×
  The court affirmed the dismissal of the plaintiff's petition, holding that the Civil Service Commission's determination of disability retirement was not subject to judicial review absent a substantial departure from procedural rights or a misconstruction of governing legislation.
• Broderick W. Monlyn v. State
  894 So. 2d 832· Fla.· 2004-12-02 ·cited 24×
  Broderick Monlyn appeals the denial of his motion for postconviction relief and petitions for habeas corpus following his 1993 conviction for first-degree murder, armed robbery, and armed kidnapping, and subsequent death sentence. The Florida Supreme Court addresses his ineffecti
• Robert A. "Red" Kinney v. The Int'l Bhd. OF Elec. Workers
  669 F.2d 1222· 9th Cir.· 1981-05-26 ·cited 24×
  The court held that a union member's removal from office is not actionable under 29 U.S.C. § 411(a)(5), but a union constitution is a contract for purposes of 29 U.S.C. § 185(a) jurisdiction, and genuine issues of material fact existed regarding the imposition of a trusteeship.
• United States ex rel. Robert Graham v. The United States Parole Comm'n
  629 F.2d 1040· 5th Cir.· 1980-11-03 ·cited 24×
  The court held that while the statutory claim regarding interim hearing scope was foreclosed by precedent, the ex post facto claim regarding the 'clearly exceptional circumstances' standard required further factual findings.
• Elder v. United States
  202 F.2d 465· 9th Cir.· 1953-02-24 ·cited 24×
  The court held that the selective service board's actions did not deny the appellant his procedural rights and affirmed his conviction.
• Am. Bankers Ins. Co. v. Vella Little
  393 So. 2d 1063· Fla.· 1980-10-30 ·cited 22×
  The Florida Supreme Court held that employers and insurance carriers may apply a 1973 workers' compensation offset for federal Social Security benefits to disability payments arising from accidents occurring before the statute's effective date, so long as "hold harmless" provisio
• Hayes v. Cowan
  547 F.2d 42· 6th Cir.· 1976-12-30 ·cited 20×
  A prosecutor's threat to seek a harsher sentence under an habitual criminal statute if a defendant refuses to plead guilty to a lesser charge violates due process.
• A.G. Edwards & Sons, Inc. v. Davis
  559 So. 2d 235· Fla. 2d DCA· 1990-02-23 ·cited 18×
  The court held that while the statute authorizing attorney's fees is constitutional and applicable, the trial court erred in calculating the fee award by exceeding the percentage stipulated in the client's contingency fee agreement.
• Roskos v. The United States
  549 F.2d 1386· Ct. Cl.· 1977-02-23 ·cited 18×
  A reassignment to a nonsupervisory position, even at the same grade and pay, constitutes a reduction in rank and an adverse action entitling the employee to procedural rights.
• Cunningham v. The United States
  423 F.2d 1379· Ct. Cl.· 1970-04-17 ·cited 18×
• Winter Park Imports, Inc. v. JM Fam. Enters.
  66 So. 3d 336· Fla. 5th DCA· 2011-07-01 ·cited 17×
  Winter Park Imports sought both monetary damages and injunctive relief against defendants under the Florida Motor Vehicle Dealer Act. The defendants made settlement offers conditioning acceptance on dismissal of all claims, including injunctive relief, and later sought attorney's
• The Sch. Bd. OF Broward Cnty. v. Price
  362 So. 2d 1337· Fla.· 1978-09-21 ·cited 17×
  The Florida Supreme Court held that a statute prohibiting reference to insurance coverage in suits against school boards is constitutional because it delineates a substantive right—the condition upon which the Legislature waives sovereign immunity—rather than regulating procedura