Search for: "Amendments to the Florida Rules of Criminal Procedure"
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9 Sep 2008, 2:25 pm
Hernandez, No. 071828 In criminal defendant's objection to two-point sentencing enhancement, sentence including period of criminal supervision for conspiracy to distribute heroin is affirmed where: 1) defendant "committed the instant offense while under a[] criminal justice sentence," USSG section 4A1.1(d); and 2) the district court appropriately elevated his criminal history score by two points on that account. [read post]
10 Feb 2013, 6:42 am
Alabama and the coming wave of Eighth Amendment cases' [read post]
21 Mar 2024, 6:00 am
United States: The procedural criminal law case asks the justices to decide “[w]hether a district court can enter a criminal forfeiture order when the time limit specified in the Federal Rules of Criminal Procedure has already passed. [read post]
28 Aug 2012, 8:43 am
If you do intend to introduce documents and evidence in mitigation, be sure you know what the mitigating factors are (these are published in a separate board rule in the Florida Administrative Code for each professional board). [read post]
20 Oct 2008, 6:46 pm
P. 23(b)(2) requirements for certification; and 4) remand was necessary for consideration of whether the proposed damages class met the Rule 23(b)(3) requirements. [read post]
15 Jan 2016, 7:26 am
A post from The Marshall Project describes the consequences of the Hurst ruling for Florida’s justice system. [read post]
23 Jul 2013, 3:04 pm
Thomas, U.S. 11th Circuit Court of Appeals, Docket: 11-15587, July 12, 2013, Judge: Tjoflat Contempt -- Indirect criminal -- Where party appeared at show cause hearing without counsel, court neither advised party that he was entitled to be represented by attorney, as provided by rule 3.840(d), nor informed him that attorney could be appointed for him if he could not afford one, and party did not knowingly waive right to counsel, it was fundamental error to adjudicate party guilty… [read post]
27 May 2008, 9:50 am
Williams, No. 06-694 A statute criminalizing, in certain specified circumstances, the pandering or solicitation of child pornography is neither overbroad under the First Amendment nor impermissibly vague under the Due Process Clause. [read post]
20 Sep 2022, 9:22 am
Florida and the plaintiffs will cross-appeal the 11th Circuit ruling to the Supreme Court in the very near future. [read post]
25 Apr 2016, 8:19 am
R.C. 2307.60 is merely the codification of the common law rule that civil actions are not merged into criminal actions. [read post]
Business and criminal law, health care reform, and chicken mole poblano and rosemary mashed potatoes
22 Jun 2012, 1:30 pm
Walton Second Restated and Amended Revocable Trust Agreement dated October 10th, 2007, Appellants, v. [read post]
29 Apr 2012, 7:13 pm
Florida's discovery rules are here. [read post]
19 Sep 2014, 11:22 pm
” “‘Where a statute authorizes the inspection but makes no rules governing the procedures that inspectors must follow, the Fourth Amendment and its various restrictive rules apply. [read post]
14 Apr 2008, 11:34 am
Smith, No. 06-3112 In a case addressing the constitutionality of a vehicle impoundment under the Fourth Amendment in circumstances in which there was no standardized policy regarding the impoundment and towing of vehicles, the circuit court rules that the constitutionality of a community caretaking impoundment is judged by directly applying the Fourth Amendment, which protects people against "unreasonable" searches and seizures. [read post]
6 Aug 2012, 1:41 pm
Formal administrative hearings are governed by the Florida Administrative Procedure Act (APA), Chapter 120, Florida Statutes. [read post]
16 Jul 2012, 1:05 pm
Petitioner filed a demand for speedy trial pursuant Florida Rule of Criminal Procedure 3.191(b). [read post]
16 Aug 2011, 12:01 pm
North Carolina HB 649 Amends laws pertaining to grounds for revocation of licensure regulating bail bondsman and allowing a bail agent on behalf of a surety company to make written motions setting aside bail forfeiture and relief from final judgment of bail forfeiture under laws pertaining the criminal procedure. [read post]
4 Dec 2015, 12:50 pm
But as to that defendant, the court found the evidence sufficient to sustain the conviction, and so ruled that he could be retried without creating a double-jeopardy problem.As to the employee whose conviction was affirmed, the court held that the sentencing judge properly applied a vulnerable-victim enhancement but that the record was unclear whether his criminal-history score was correctly calculated. [read post]
28 Nov 2013, 6:38 am
In the wake of a pair of SCOTUS decisions, Graham vs Florida, and more recently, Miller vs Alabama, holding that state juvenile lifer statutes violate the 8th Amendment's prohibition of cruel and unusual punishment, U.S. [read post]
26 May 2017, 9:45 am
With varied disenfranchisement rules from state to state and confusion within states on the rules and procedures for getting voting rights restored, people with a felony conviction have a disincentive, or may be too intimidated, to assert their right to vote. [read post]
