Search for: "In Re: Amendments to the Florida Evidence Code"
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7 Oct 2009, 12:00 am
Williams, 425 U.S. 501 (1976); In re Winship, 397 U.S. 358 (1970); 9 J. [read post]
1 Oct 2009, 2:14 am
Bye-bye Internal Revenue Code. [read post]
19 Aug 2009, 1:51 am
Code § 3103a(b)(3). [read post]
23 Jun 2009, 11:20 pm
Code § 2707. [read post]
29 Jan 2009, 4:42 pm
See Wernick, In Accordance with a Public Outcry: Zoning Out Sex Offenders Through Residence Restrictions in Florida, 58 Fla. [read post]
17 Dec 2008, 7:16 pm
Washington, No. 07-1523, 07-1884, 07-2541 Federal district courts lack the inherent power to vacate a sentence procured by fraud, any such power having been abrogated by the enactment of 18 U.S.C. section 3582(c) and the amendments to FRCP 35. [read post]
1 Dec 2008, 9:18 pm
Marek, No. 072437 Conviction for corruptly endeavoring to obstruct or impede the due administration of the Internal Revenue Code is affirmed where: 1) the inference that defendant knew about the audit was supported by the record; and 2) viewed in the light most favorable to the government, defendant's conviction was supported by sufficient evidence to support a finding that defendant was guilty of the offense. . [read post]
3 Nov 2008, 7:03 pm
Rounds, 530 F.3d 724, 732 (8th Cir. 2008): 1) plaintiff was likely to prove any interest the state has in protecting funeral mourners from unwanted speech was outweighed by the First Amendment right to free speech; [read post]
14 Oct 2008, 3:20 pm
Bissonnette, No. 081094 In a conviction for first degree murder, denial of writ of habeas corpus is affirmed over claims that: 1) the trial judge's instruction to the jury that the prosecution "does not have the burden of proving that no one else may have committed the murder" was an error that was contrary to clearly established Supreme Court precedent as stated in In re Winship; and 2) the trial court violated defendant's Sixth Amendment Confrontation Clause… [read post]
2 Oct 2008, 4:27 am
For example, the sales director in Florida gave direct payments as inducements to prescribe Genotropin. [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
See Wernick, In Accordance with a Public Outcry: Zoning Out Sex Offenders Through Residence Restrictions in Florida, 58 Fla. [read post]
25 Jun 2008, 6:15 pm
McCann, No. 06-3257 Denial of a habeas corpus petition from a sentence to life imprisonment for murder is affirmed over claims of error regarding whether: 1) Apprendi principles were violated because there was no jury determination establishing the facts necessary to impose an enhanced sentence; 2) defendant never waived his right to a jury trial as to his sentence; 3) double jeopardy barred another sentencing trial so he should be re-sentenced to the maximum term of up to forty years; and… [read post]
14 Jun 2008, 3:02 pm
Second, a big issue in this case was whether new Florida Trust Code (FTC) section 736.04115 expanded pre-existing Florida law or merely codified pre-existing Florida law regarding a trustee's standing to bring a trust reformation action. [read post]
10 Jun 2008, 2:36 pm
Miller, No. 06-5187 Conviction and sentence for receiving child pornography, possessing the same images of child pornography, and marijuana possession is vacated and remanded for re-sentencing where: 1) although defendant's conviction for receiving child pornography was supported by substantial evidence, double jeopardy barred convictions for both receiving and possessing the same images of child pornography; and 2) defendant's testimony regarding his collection of adult… [read post]
27 May 2008, 10:06 am
Stephens County, No. 07-10729 In a 42 U.S.C. section 1983 action for allegedly causing or failing to prevent the jailhouse death of plaintiff's son, summary judgment for defendant is affirmed where: 1) denial of leave to amend the complaint to name five of the "John Doe" defendants was proper since the statute of limitations rendered amendment futile; and 2) there was insufficient evidence for a reasonable jury to conclude that sheriff personally caused the… [read post]
27 May 2008, 9:50 am
Stephens County, No. 07-10729 In a 42 U.S.C. section 1983 action for allegedly causing or failing to prevent the jailhouse death of plaintiff's son, summary judgment for defendant is affirmed where: 1) denial of leave to amend the complaint to name five of the "John Doe" defendants was proper since the statute of limitations rendered amendment futile; and 2) there was insufficient evidence for a reasonable jury to conclude that sheriff personally caused the… [read post]
19 May 2008, 8:47 am
Davi, No. 05-20803 An order enjoining California and Florida from applying their licensing and regulatory requirements on a Texas-based real estate broker is reversed and dismissed where: 1) personal jurisdiction over California did not arise from merely having sent cease and desist orders to the Texas Real Estate Commission; and 2) personal jurisdiction over Florida did not arise from the state's contact with the Texas Attorney General's Office in order to obtain… [read post]
13 May 2008, 1:35 pm
(Amended Opinion) U.S. 2nd Circuit Court of Appeals, May 08, 2008 US v. [read post]
9 May 2008, 10:30 pm
: (Ezine @rticles) Global - Patents Rise of machine translation services: (IPKat), USPTO / EPO / JPO progress on ‘common application format’ for expedited examination: (Peter Zura's 271 Patent Blog), Proponents: ‘Time is now’ for TRIPs biodiversity amendment in Doha round: (Intellectual Property Watch), TRIPs amendment in favour of disclosures for genetic resources/traditional knowledge patents gathers support:… [read post]
