Search for: "Amendment to the Florida Rules of Appellate Procedure" Results 241 - 260 of 529
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2 Mar 2015, 10:40 am
Because the court did not explicitly balance the interests of the parties as required by the Federal Criminal Procedure Rule 32.1, the parole revocation was reversed. 8. [read post]
24 Feb 2015, 2:54 pm by Stephen Bilkis
The Miranda warning is part of a preventive criminal procedure rule that law enforcement are required to administer to protect an individual who is in custody and subject to direct questioning or its functional equivalent from a violation of his or her Fifth Amendment right against compelled self-incrimination. [read post]
14 Jan 2015, 6:52 pm by Jordan Pascale, P.L.
” One judge dissented and stated that the mortgagors were perverting the rules of civil procedure to perpetuate a fraud. [read post]
5 Jan 2015, 8:47 am by Eric Goldman
For procedural reasons, the court of appeal only reached the issue of fair use and affirmed the district court’s grant of summary judgment. [read post]
2 Jan 2015, 10:47 am by Barry Sookman
Denturist Association of Canada, 2014 FC 989, the Federal Court ruled that copyright does not subsist in the five-digit numerical codes and corresponding description of denturist services contained within the DAC Procedures Codes and DAC Fee Guides. [read post]
18 Dec 2014, 7:08 am by John Elwood
The district court invalidated the rule, but the D.C. [read post]
11 Dec 2014, 2:00 pm by John Elwood
Alabama, in which the Court held that life without parole for minors violates the Eighth Amendment. [read post]
4 Dec 2014, 11:05 am by John Elwood
United States, 13-10639, asking whether the Eleventh Circuit’s appellate procedural default rule – prohibiting consideration of issues not raised in an appellant’s opening brief – conflicts with retroactivity rules when new precedent changes the law after briefing. [read post]
24 Nov 2014, 3:03 pm by Law Lady
Labor relations -- Fair Labor Standards Act -- Overtime -- Former employees of Florida construction contractor brought suit claiming contractor failed to pay wages, including overtime, that they were entitled to receive under FLSA -- Jurisdiction -- District court had subject matter jurisdiction where face of complaint alleged federal claim for unpaid, overtime hours -- Statement of claim that plaintiffs filed under the local practices did not amend that jurisdictional basis out of… [read post]
19 Nov 2014, 12:58 pm by John Elwood
United States, 13-10639 (third relist), asks whether the Eleventh Circuit’s appellate procedural default rule – categorically prohibiting consideration of issues not raised in an appellant’s opening brief – conflicts with the retroactivity rule set out in Griffith v. [read post]
14 Nov 2014, 5:42 am by John Elwood
United States, 13-0639 (second relist), asks whether the Eleventh Circuit’s appellate procedural default rule – categorically prohibiting consideration of issues not raised in an appellant’s opening brief – conflicts with the retroactivity rule set out in Griffith v. [read post]
11 Nov 2014, 11:42 am by Jacek Stramski
In re: Amendments to the Florida Rules of Appellate Procedure (SC14-227). [read post]
30 Oct 2014, 2:31 am by Evan M. Levow
An Oregon judge ruled that high-beam charges violated a driver’s free-speech rights under the state constitution, and a Florida judge issued a similar ruling in May 2012 applying the U.S. [read post]
28 Oct 2014, 1:30 pm by Maureen Johnston
Ryan, post-conviction counsel's ineffectiveness can provide cause to excuse the procedural default of an ineffective-assistance-of-appellate-counsel claim, or whether Martinez v. [read post]
10 Oct 2014, 4:45 pm by Kent Scheidegger
United States13-1487Issue: Whether a felony conviction, which makes it unlawful for the defendant to possess a firearm, prevents a court under Rule 41(g) of the Federal Rules of Criminal Procedure or under general equity principles from ordering that the government (1) transfer non-contraband firearms to an unrelated third party to whom the defendant has sold all his property interests; or (2) sell the firearms for the benefit of the defendant.Brumfield v. [read post]
10 Oct 2014, 5:42 am
  As the Court of Appeals explained, Internet Brands filed a motion to dismiss the action under Federal Rule of Civil Procedure 12(b)(6), on the ground that her claim was barred by the CDA. [read post]