Search for: "In Re Amendments to Florida Rules of Criminal Procedure"
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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]
1 Dec 2008, 9:18 pm
Epps, No. 0860652 In an Eight Amendment challenge to lethal injection as the method of execution for two death-row inmates, rulings that the applicable statute of limitations barred plaintiffs' section 1983 action and grant of summary judgment to defendant are affirmed where: 1) under Wilson v. [read post]
1 Dec 2008, 11:45 am
Contemporary Eighth Amendment jurisprudence upholds the authority of the courts to review a state legislature's decision generally, and specifically to review a legislature's enactments regarding criminal punishment. [read post]
17 Nov 2008, 6:39 pm
(Substituted opinion) U.S. 9th Circuit Court of Appeals, November 13, 2008 In re: Gallaher, No. 07-74593 In a criminal appeal arising from a district court's refusal to accept a conditional guilty plea, a petition for writ of mandamus challenging the refusal is denied but the matter is remanded for reassignment to a new judge to reconsider the conditional plea where: 1) under Fed. [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]
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]
14 Oct 2008, 3:20 pm
Mejia, No. 052856, 056683, 061744 Convictions for conspiracy to commit assaults with a dangerous weapon in aid of racketeering activity, assault with a dangerous weapon in aid of racketeering activity, and discharge of a firearm during a crime of violence are vacated where: 1) the testimony of the Government expert witness violated the Federal Rules of Evidence and the Confrontation Clause of the Sixth Amendment; and 2) that error was not harmless. [read post]
2 Oct 2008, 4:27 am
PROCEDURAL BACKGROUND Dr. [read post]
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]
2 Sep 2008, 5:17 pm
Leveto, No. 05-4753 Conviction for federal income tax fraud is affirmed where: 1) defendant had knowingly and voluntarily waived his Sixth Amendment right to counsel and, once properly waived, this right is no longer absolute; and 2) there was no reversible error in several rulings regarding a warrant and summons. [read post]
28 Aug 2008, 2:15 pm
Bonin, No. 07-30827 In a case involving an individual previously arrested for making threats to country music singer George Strait and later for threats to a magistrate judge, an order committing defendant to the custody of the Attorney General pursuant to a dangerousness determination is vacated and remanded where the determination contravened the requisite statutory procedure. . [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
Ed. 2d 574 (U.S. 2005) (applying Iowa law), the court of appeals held that an Iowa statute that prohibited persons who had committed a criminal sex offense against a minor from residing within 2,000 feet of a school or child care facility, did not violate the Due Process Clause of the Fourteenth Amendment, was not retroactive criminal punishment in violation of the Ex Post Facto Clause, did not interfere with the right of sex offenders to travel, and did not violate the… [read post]
19 Jul 2008, 12:19 pm
He then filed a motion forpostconviction relief, followed by an amended Rule 3.850 motion. [read post]
10 Jul 2008, 4:16 am
Despite the Supreme Court's 1976 ruling in Gregg v. [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]
25 Jun 2008, 6:15 pm
Bermudez, No. 06-5119 Conviction for possession of firearm by a felon is affirmed where: 1) the district court did not err in admitting police testimony as to drug-related statements made by defendant; 2) the use of a "blind strike" method in jury selection was both constitutional and consistent with Federal Rule of Criminal Procedure 24(b); and 3) comments made during the government's closing arguments were not unfairly prejudicial. [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]
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]
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]
