Waiver Doctrine

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

• Labat v. Bennett
  365 F.2d 698· 5th Cir.· 1966-08-15 ·cited 102×
  The dissenting judge argues that the majority opinion failed to address the central issue of deliberate and intentional exclusion of Negroes from petit jury panels, instead focusing on unrelated matters. The dissent contends that the evidence, including a stipulation and testimon
• United States v. White
  611 F.2d 531· 5th Cir.· 1980-02-06 ·cited 89×
  The court held that sufficient evidence existed to establish territorial jurisdiction and venue, the admission of a Treasury claim form was proper under the residual hearsay exception, and the evidence was sufficient to prove intent to defraud.
• Johnson v. State
  536 So. 2d 1009· Fla.· 1988-12-01 ·cited 66×
  Johnson, convicted of first-degree murder and sentenced to death in 1979, appealed the trial court's denial of his Rule 3.850 postconviction motion as untimely filed. The Florida Supreme Court affirmed the denial, holding that Johnson's motion filed in April 1988 violated the two
• State v. Pennington
  534 So. 2d 393· Fla.· 1988-11-23 ·cited 64×
  The Florida Supreme Court held that a defendant's motion for judgment of acquittal at the close of the state's case is not waived by the subsequent introduction of evidence during the defense case, rejecting the federal waiver rule and interpreting Florida Rule of Criminal Proced
• Nat'l Labor Relations Bd. v. Nat'l Container Corp.
  211 F.2d 525· 2d Cir.· 1954-03-10 ·cited 58×
  The court held that the employer unlawfully supported a union by entering into a collective bargaining agreement while objections to a prior election were pending, and that the Board's application of its new waiver rule was not improper.
• United States ex rel. George T. Williams v. Elza Brantley
  502 F.2d 1383· 7th Cir.· 1974-08-29 ·cited 54×
  The court held that the petitioner was not required to exhaust state remedies by appealing the dismissal of his post-conviction petition because the Illinois Post-Conviction Hearing Act is an ineffective remedy due to the state's strict res judicata and waiver doctrines.
• Sere v. Bd. OF Trs. OF the Univ. OF Ill.
  852 F.2d 285· 7th Cir.· 1988-07-15 ·cited 42×
  The court held that the appellant waived the issue of the Rule 37(b) dismissal by failing to raise it in his opening brief.
• Nat'l Health Labs., Inc. v. Bailmar, Inc.
  444 So. 2d 1078· Fla. 3d DCA· 1984-01-24 ·cited 33×
  National Health Laboratories appeals a judgment awarding its landlord Bailmar cost-of-living rent increases and property tax reimbursements. The court reverses the rent escalation award but affirms the property tax award, holding that the landlord's failure to comply with mandato
• Perry v. J.W. Fairman and Tyrone Fahner
  702 F.2d 119· 7th Cir.· 1983-03-16 ·cited 29×
  The court held that a federal habeas corpus petition should be dismissed if any claim within it is unexhausted, but that a petitioner need not pursue state post-conviction relief if Illinois courts would deem the claim res judicata or waived.
• Alvarez v. State
  827 So. 2d 269· Fla. 4th DCA· 2002-07-31 ·cited 28×
  Appellant Alvarez challenges his community control revocation sentence, arguing the trial court violated his right to a public trial by closing the courtroom during a minor victim's testimony. The court affirms, holding that Alvarez's failure to object to the closure constituted
• Reuben P. Hughes v. Dempsey-Tegeler & Co., Inc.
  534 F.2d 156· 9th Cir.· 1976-03-29 ·cited 28×
  The court affirmed the district court's holding that the Exchange did not violate its duty to Hughes by lifting restrictions, and that Hughes was barred from recovery by waiver and lack of diligence under rule 10b-5.
• United States v. Robbins
  623 F.2d 418· 5th Cir.· 1980-08-08 ·cited 25×
  The court held that the Coast Guard's warrantless boarding and search of the vessel was lawful, but the sentence imposed was improper as it relied solely on the judge's belief that the defendant lied on the stand.
• United States ex rel. Alexander Little v. Twomey
  477 F.2d 767· 7th Cir.· 1973-04-19 ·cited 22×
  Defense counsel's failure to properly present an insanity defense, even if the psychiatrist's testimony was improperly excluded, did not constitute ineffective assistance of counsel because the defense lacked substance.
• Linemaster Switch Corp. v. United States Env't Prot. Agency
  938 F.2d 1299· D.C. Cir.· 1991-07-12 ·cited 18×
  The court held that EPA retained authority to list sites on the National Priorities List (NPL) using the original Hazard Ranking System (HRS) after the statutory deadline for revising the HRS had passed, as Congress did not intend to revoke this authority. Site-specific challenge
• Irons v. Fed. Bureau OF Investigation
  880 F.2d 1446· 1st Cir.· 1989-07-24 ·cited 16×
  The court held that the public testimony of a confidential informant constitutes a waiver of Exemption 7(D) confidentiality for the subject matter of the testimony and all related information, measured by the hypothetical scope of relevant cross-examination. The court vacated the
• Wagner v. State
  421 So. 2d 826· Fla. 1st DCA· 1982-11-17 ·cited 16×
  Richard Wagner was convicted of burglary and petit theft based on circumstantial evidence that proved insufficient to exclude reasonable hypotheses of innocence. The appellate court reversed, finding the State failed to establish a prima facie case at the close of its evidence.
• United States ex rel. John Clauser v. Shadid
  677 F.2d 591· 7th Cir.· 1982-05-07 ·cited 16×
  The court held that the petitioner failed to exhaust state remedies for his ineffective assistance of counsel claim, requiring dismissal of his entire habeas petition.
• United States ex rel. Jerry Devine v. Richard DeROBERTIS & the Attorney Gen. of the State of Ill.
  754 F.2d 764· 7th Cir.· 1985-02-12 ·cited 14×
  The court held that the identity of trial and appellate counsel from the same firm constitutes sufficient 'cause' to overlook a procedural default regarding an ineffective assistance of counsel claim.
• Clement Dently v. Lane
  712 F.2d 1172· 7th Cir.· 1983-07-18 ·cited 14×
  The dissenting judge believes there was adequate cause for the appellant's procedural default and that the state waived its right to raise the issue due to delay.
• United States v. McINTYRE
  467 F.2d 274· 8th Cir.· 1972-10-04 ·cited 12×
  The court held that the evidence was sufficient to sustain the convictions, the jury selection was not discriminatory, the value of stolen property exceeded $100, and the defendants validly waived their right to counsel during interrogation.
• Shell OIL Co. v. Dep't OF Revenue
  461 So. 2d 959· Fla. 1st DCA· 1984-04-03 ·cited 10×
  Shell Oil appeals a summary judgment in a dispute with Florida's Department of Revenue over whether OCSLA prohibits Florida from taxing income derived from oil extracted from outer continental shelf wells and sold in the United States. The court affirms, holding that Florida may
• Weber v. Israel
  730 F.2d 499· 7th Cir.· 1984-03-22 ·cited 8×
  The court held that the petitioner's failure to raise the insanity plea issue in state court due to procedural default barred federal habeas review, and alternatively, that the withdrawal of the insanity plea was not clearly erroneous and was a valid strategic decision.
• Eutues White v. Finkbeiner
  753 F.2d 540· 7th Cir.· 1985-01-15 ·cited 6×
  The government waived its right to contest the retroactive application of the Edwards rule by failing to raise the issue in prior proceedings.
• United States v. House
  551 F.2d 756· 8th Cir.· 1977-03-10 ·cited 6×
  A trial court's erroneous reservation of a motion for acquittal at the close of the government's case is not rendered harmless by the defendant later introducing evidence, if the defendant actively sought a ruling and the court refused.
• United States ex rel. Orville Waldron v. Pate
  380 F.2d 94· 7th Cir.· 1967-06-22 ·cited 6×
  The court held that the district court properly dismissed the habeas corpus petition for failure to exhaust state remedies, as the petitioner had not presented his newly asserted constitutional claims to the state courts.
• Candler v. United States
  146 F.2d 424· 5th Cir.· 1944-12-27 ·cited 6×
  The court held that the appellant willfully violated the Selective Service Act by failing to keep his draft board advised of his address and by failing to report for induction.
• Cruz v. Warden OF Dwight Corr. Ctr. & Neil F. Hartigan
  907 F.2d 665· 7th Cir.· 1990-07-16 ·cited 5×
  The court held that a habeas petitioner must fairly present all factual allegations and legal theories to state courts before seeking federal habeas relief, and that a pending state post-conviction petition constitutes an available and meaningful state remedy.
• Int'l Bhd. of Elec. Workers v. Coral Elec. Corp.
  576 F. Supp. 1128· S.D. Fla.· 1984-01-10 ·cited 5×
  The court held that affirmative defenses filed within the statutory period are not time-barred and can substitute for a motion to vacate an arbitration award. However, the court found that the arbitrator's award against a nonsignatory employer required independent judicial review
• In re Kroner
  953 F.2d 317· 7th Cir.· 1992-01-08 ·cited 4×
  The court held that a trustee waived the argument that a prior core proceeding judgment could not preclude a subsequent non-core proceeding by failing to raise it in the bankruptcy and district courts. Furthermore, consent to the bankruptcy court's jurisdiction over a non-core pr
• Sanford Norman Harris v. DeROBERTIS
  932 F.2d 619· 7th Cir.· 1991-05-09 ·cited 2×
  A habeas claim should not be dismissed for failure to exhaust state remedies if a post-conviction petition would be untimely under Illinois law, unless Illinois precedent indicates the petitioner could demonstrate a lack of culpable negligence.
• Hanley v. Donovan
  734 F.2d 473· 9th Cir.· 1984-06-05 ·cited 2×
  The court held that the doctrine of waiver, as defined by California law, applies to the collection of overpayments under the Redwood Employee Protection Program, and the Secretary's regulations requiring full recovery are invalid if inconsistent with the Act's intent. The court
• Javice v. Jpmorgan Chase Bank, N.A.
  Del. Ch.· 2023-06-29
  The court denied the defendants' application for certification of interlocutory appeal, finding that while the order decided a substantial issue of material importance, the benefits of interlocutory appeal did not outweigh the costs. The court reasoned that the prior ruling corre
• Britt v. IEC Corp.
  S.D. Fla.· 2021-09-13
  Former students of Florida Career College challenged a motion to compel arbitration based on pre-dispute arbitration agreements they had signed, claiming that federal Department of Education regulations required the school to waive those agreements. The court held that although t
• Lipton v. First Union Nat'l Bank
  944 So. 2d 1256· Fla. 4th DCA· 2007-01-03
  The court held that the trial court did not err in finding the bank was within its rights to suspend the loan and that the plaintiff had effectively terminated the agreement.
• State OF Ohio v. United States Env't Prot. Agency
  997 F.2d 1520· D.C. Cir.· 1993-07-20
  The court held that the EPA's National Contingency Plan (NCP) provisions regarding ARARs and remedy selection are permissible constructions of CERCLA, and that certain claims were waived. The court affirmed the EPA's regulations.
• United States v. Simons Addo
  989 F.2d 238· 7th Cir.· 1993-03-16
  The court held that the defendant waived his challenge to the motion in limine by failing to renew his objection and that the evidence was sufficient to support the Pinkerton conspiracy instruction.
• United States v. Martin
  964 F.2d 714· 7th Cir.· 1992-05-21
  The court held that requiring a defendant to stand trial in prison garb was harmless error beyond a reasonable doubt on this record.
• Billman v. V.I. Equities Corp.
  743 F.2d 1021· 3d Cir.· 1984-09-21
  The court held that the defendants failed to establish the affirmative defense of waiver because their conduct did not demonstrate a clear and unequivocal intent to relinquish their rights.
• COX v. Estelle
  512 F.2d 423· 5th Cir.· 1975-05-01
  The court held that the district court erred in granting the petition for writ of habeas corpus because the grounds were foreclosed by a prior en banc decision regarding the retroactivity of Morrissey v. Brewer.