Search for: "In Re Amendments to the Florida Probate Rules"
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28 Aug 2008, 2:15 pm
Duhon, No. 05-30387 On remand from the Supreme Court, sentence of probation for possessing child pornography is affirmed over the government's objections that: 1) the district court's failure to apply enhancements requested by the government was reversible error; 2) consideration of the disparity between defendant's and co-defendant's sentences was plain error; 3) the sentencing guidelines precluded sentencing defendant to probation; and 4) the sentence was… [read post]
4 Aug 2008, 7:06 pm
Wecht, No. 07-4767 In a trial accusing a public official of misusing his office for private financial gain, an order to withhold from the public the names and addresses of prospective and trial jurors is vacated where: 1) the collateral order doctrine granted jurisdiction to hear the appeal; 2) intervenors-media companies had standing to challenge the order; 3) there is a presumptive First Amendment right to obtain the names of jurors prior to empanelment, which was not overcome here; but… [read post]
21 Jul 2008, 10:53 pm
Defendant was sentenced to 30 months' probation and fined. [read post]
30 Jun 2008, 2:13 pm
4th DCA Jun 25, 2008) Although the 4th DCA reversed the probate judge's ruling in this case, it did recognize that there's a glitch in the statute governing the payment of examining committees. [read post]
25 Jun 2008, 6:15 pm
Bush, No. 06-1195, 06-1196 In habeas proceedings brought by aliens detained at Guantanamo after being captured in Afghanistan or elsewhere abroad and designated enemy combatants by tribunals, the Court rules that petitioners have the constitutional privilege of habeas corpus. [read post]
14 Jun 2008, 3:02 pm
We asked the Real Property, Probate & Trust Law Section of The Florida Bar to file a brief as amicus addressing the question of a trustee's standing to pursue a claim for reformation. [read post]
13 May 2008, 1:35 pm
(Amended Opinion) U.S. 2nd Circuit Court of Appeals, May 08, 2008 US v. [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]
8 Apr 2008, 9:47 am
Moore, No. 07-3434 Denial of an application for habeas corpus from a conviction and sentence for gross sexual imposition and rape is affirmed where petitioner's Fifth Amendment guarantee against double jeopardy was not violated because the requisite high degree of necessity existed for a mistrial. [read post]
6 Mar 2008, 12:12 pm
A “difference” apparently not even demonstrated in the circus-like antics of Broward County Judge Larry Seidlin, who presided over the Anna Nicole Smith probate proceeding). [read post]
3 Mar 2008, 12:13 pm
Hughes, No. 07-2213 The circuit court declines to adopt a per se rule that police may never conduct a Terry stop to investigate a completed misdemeanor. [read post]
24 Feb 2008, 12:13 pm
They're just trying to find something. [read post]
5 Feb 2008, 8:11 am
Shinderman, No. 07-1569 Defendant's convictions and sentence stemming from his unauthorized use of another doctor's name and DEA registration number are affirmed over claims of error regarding: 1) the district court's refusal to apply the exclusionary rule to evidence allegedly obtained in violation of federal regulations designed to protect the confidentiality of substance abuse treatment records; 2) the foreclosure of a proposed entrapment defense; 3) an evidentiary… [read post]
30 Jan 2008, 7:35 am
Pennsylvania Bd. of Probation & Parole, No. 05-4200 In a 42 U.S.C. section 1983 suit brought by an anonymous plaintiff seeking declaratory and injunctive relief from aspects of Pennsylvania's Registration of Sexual Offenders Act, or Megan's Law, a judgment finding that the treatment of out-of-state offenders under the law violates the Equal Protection Clause is affirmed where: 1) although Pennsylvania's interest in protecting its citizens from sexually violent… [read post]
22 Jan 2008, 11:47 am
Spencer, No. 07-40593 "A decision amending a 1995 judgment sentencing defendant for carjacking, resulting in an increase to the amount of restitution owed, is affirmed where: 1) under a reasonable reading of the relevant rules and case law, the district court's amendment amounted to a clerical revision that did not substantively alter defendant's sentence; and 2) thus, the time limitation of Federal Rule of Criminal Procedure 35 was inapplicable. [read post]
15 Jan 2008, 1:50 pm
Castro, 540 U.S. 375 (2003); and 2) although no notice of the recharacterization would have been required under the rules set out in US v. [read post]
30 Oct 2007, 1:37 am
8) a defendant's Fifth Amendment protections were violated; and 9) a decision to increase a sentence by two levels for an abuse of trust was error. [read post]
29 Oct 2007, 7:27 pm
In re Estate of Koshuba, --- So.2d ----, 2007 WL 2934936 (Fla. [read post]
29 Oct 2007, 7:27 pm
In re Estate of Koshuba, --- So.2d ----, 2007 WL 2934936 (Fla. [read post]
29 Oct 2007, 7:27 pm
In re Estate of Koshuba, --- So.2d ----, 2007 WL 2934936 (Fla. [read post]
