Search for: "Amendments to Florida Rules of Criminal Procedure"
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29 Apr 2008, 7:13 am
Moore, No. 06-1082 In a case raising the issue of whether a police officer violates the Fourth Amendment by making an arrest based on probable cause but prohibited by state law, the Supreme Court rules that warrantless arrests for crimes committed in the presence of an arresting officer are reasonable under the Constitution, and that while states are free to regulate such arrests however they desire, state restrictions do not alter the Fourth Amendment's protections. … [read post]
26 Jan 2010, 1:26 pm
No. 5, No. 09-1936 In plaintiff's action against a county school district under Title IX of the Education Amendments of 1972, 20 U.S.C. section 1681(a), alleging that defendants knew that an elementary school teacher sexually harassed students at another county but allowed him to ob [read post]
26 Jan 2010, 1:26 pm
Martinez-Melgar, No. 08-4569 Sentence on a defendant convicted of drug trafficking and firearm possession is vacated and remanded for resentencing as the district court clearly erred in concluding, on the basis of the record, that defendant's admission of guilt occurred in a judicial proceeding in open court, and as such, certain criminal history points should not have been assessed. [read post]
23 Dec 2017, 10:36 am
Then earlier this year, the Florida Supreme Court in the per curiam ruling of In re: Amendments to the Florida Evidence Code, decided NOT to adopt the Daubert standard – even though the legislature had passed a law enacting it – for two reasons: Concerns regarding the constitutionality of the amendment; Procedural concerns with the law creating a section that isn’t part of the state’s evidence code. [read post]
27 Jun 2008, 3:36 am
claims for relief unless Athe motion, files, and records in the case conclusively show that the movant is entitled to no relief.@ Florida Rule of Criminal Procedure 3.851(f)(5)(B) applies the same standard to successive postconviction motions in capital cases. [read post]
3 Sep 2010, 3:41 am
Due process does not require that the agency follow the rules of evidence or the procedures mandated by due process in litigation or criminal proceedings. [read post]
10 Nov 2009, 7:24 pm
He also noted that many states have eliminated parole in their criminal justice systems. [read post]
24 Feb 2011, 7:41 am
Intentional Acts: HERPES INFECTION NOT AN 'ACCIDENT,' NEW JERSEY APPEALS COURT RULES, D.V. v. [read post]
17 Nov 2008, 6:39 pm
However, on cross-appeal, defendant-wife's sentence is remanded for resentencing where it was procedurally unreasonable because: 1) the evidence supported applying certain enhancements, and the district court failed to make findings sufficient to justify its refusal to ! [read post]
6 May 2013, 10:33 am
Attorneys’ offices (in California, Florida, Illinois, Michigan, and New York), and from the Justice Department’s Criminal Division, which provides legal advice to federal prosecutors and law enforcement agencies. [read post]
10 Jun 2008, 2:36 pm
Conley, No. 07-1426 In an interlocutory appeal from a decision finding that a prisoner plaintiff in a suit for damages governed by the Prison Litigation Reform Act is entitled by the Seventh Amendment to a jury trial on any debatable factual issues relating to the defense of failure to exhaust administrative remedies, the ruling is reversed and remanded where: 1) juries decide cases and not issues of judicial traffic control; 2) the court can conduct a hearing on exhaustion and… [read post]
17 Dec 2008, 7:16 pm
One defendant's sentence is remanded for resentencing where the district court committed prejudicial procedural error by calculating his advisory guideline range incorrectly. [read post]
10 Oct 2007, 10:59 pm
The effect of doing so was to rule that an Eighth Amendment challenge to lethal injection could never prevail, because it would either challenge particular matters which were wholly left to the DOC or it would be a per se challenge to lethal injection as a method of execution, both of which, in the court=s view, were ruled out by Sims. [read post]
8 May 2013, 3:52 pm
Evidence rules and rules of criminal procedure set out standards of conduct and allowable methods of proving guilt and innocence in the court room. [read post]
22 Feb 2015, 2:30 pm
In a strong ruling last year, the Florida Supreme Court held that the Fourth Amendment requires police to get a warrant before asking a phone company to track a cell phone user’s location in real time. [read post]
6 Dec 2009, 4:01 pm
 The case stems from Florida’s criminal prosecution of Kevin Dewayne Powell for being a felon in possession of a firearm. [read post]
9 Feb 2009, 1:18 am
Tompkins has explained in his amended motion forDNA testing that was filed in the circuit court, there are moresensitive and more sophisticated tests and procedures (albeitmore expensive) than the government funded testing done by theFBI and FDLE which have repeatedly been unable to unlock the DNAsequence that when government funded testing was used producedinconclusive results. [read post]
7 Oct 2012, 9:05 am
" 31 U.S.C. 3730(e)(4)(A).Defendants contended that the public disclosure bar precluded the Relator's claims because newspaper articles and advertisements, Defendants' websites and print brochures, and Florida state court litigation "disclose[d] information that is substantially the same as the allegations and transactions described in the Amended Complaint. [read post]
9 Dec 2016, 6:14 am
District Court for the] Eastern District of Virginia, to obtain information from Defendant's computer, which was located in South Carolina, violated the Fourth Amendment, Rule 41(b)of the Federal Rules of Criminal Procedure, and 28 U.S. [read post]
10 May 2009, 10:35 pm
Justice Souter contended that the Court’s holding impermissibly rendered Federal Rules of Evidence 410 and Federal Rule of Criminal Procedure 11(e)(6), which provide that statements made during plea discussions are inadmissible against the defendant except in carefully described circumstances, a nullity. [read post]
