Search for: "In Re: Amendments to the Florida Evidence Code"
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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]
11 Mar 2008, 8:46 am
US, No. 06-1509 I"n the context of sections of the Internal Revenue Code that set the conditions for treating certain corporate distributions as returns of capital, nontaxable to the recipient, a distributee accused of criminal tax evasion may claim return-of-capital treatment without producing evidence that either he or the corporation intended a return of capital when the distribution occurred. [read post]
6 Mar 2008, 12:12 pm
This is evidenced through legislative enactments, court rules, and judicial codes of conduct. [read post]
3 Mar 2008, 12:13 pm
Caldwell, No. 06-5640 In a prosecution for drug- and firearm-related offenses, denial of defendant's motions to suppress evidence uncovered during a search of his hotel room, as well as for a mistrial and acquittal, are affirmed over claims that: 1) the search of his hotel room violated his Fourth Amendment rights; 2) several statements made by the government in front of the jury denied him a fair trial; and 3) the evidence did not support the verdict. [read post]
5 Feb 2008, 8:11 am
Defendant's California conviction for grand theft from a person in violation of section 487(2) of the California Penal Code was a "violent felony" as defined in 18 U.S.C. section 924(e)(2)(B)(ii). [read post]
4 Feb 2008, 11:20 am
And will Germans start to go the way of Americans--each citizen eventually big enough to have his or her own zip code? [read post]
30 Jan 2008, 7:35 am
Cain, No. 07-30021 'Dismissal of a 28 U.S.C. section 2254 petition brought by a petitioner convicted of cocaine possession and sentenced to forty years in prison as a third-time felony offender is affirmed over claims of error regarding: 1) whether a state court's determination that there was a valid waiver of counsel as to one of petitioner's predicate offenses was unreasonable in light of the evidence presented in the state court proceeding, and, if so, whether petitioner… [read post]
22 Jan 2008, 11:47 am
Peters, No. 05-6101 "A sentence imposed on remand for offenses arising out of a tax fraud scheme is reversed and remanded for re-sentencing where the district court's failure to address defendant's "time-served" argument did not satisfy the "procedural reasonableness" requirement required by Supreme Court precedent. [read post]
15 Jan 2008, 1:50 pm
Dupes, No. 05-5522 Sentence based on guilty plea to securities fraud and conspiracy to commit securities fraud is affirmed over defendant's claims that: 1) the imposition of special conditions of supervised release relating to his prior sex offenses exceeded the district court's statutory authority and violated the Double Jeopardy Clause and the Tenth Amendment; and 2) order to make full restitution to his victims in an amount determined by the court under the Mandatory Victim… [read post]
5 Jan 2008, 3:01 pm
The court also characterized the provisions of section 673.3091, Florida Statutes (1993) as "more stringent requirements" than section 71.011, Florida Statutes (1995).The Court explained that pursuant to section 90.953, Florida Statutes, (2002), Florida's code of evidence, the plaintiff in a mortgage foreclosure must present the original promissory note as a duplicate of a note is not admissible. [read post]
4 Nov 2007, 8:33 pm
Others around the world--judges, legislators, and ordinary citizens--have struggled to reconcile calls for retribution with evidence that the death penalty does not deter crime. [read post]
4 Nov 2007, 8:33 pm
Others around the world--judges, legislators, and ordinary citizens--have struggled to reconcile calls for retribution with evidence that the death penalty does not deter crime. [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, 9:44 pm
Virtually all codes of professional ethics which consider the death penalty oppose medical or nursing participation. [read post]
4 Sep 2007, 2:47 am
Holloway, No. 05-2229 Conviction for possession of ammunition by a felon is affirmed where the district court correctly denied defendant's motion to suppress since the defendant was not seized for Fourth Amendment purposes until after he fled from officers. [read post]
14 Jul 2007, 4:41 pm
In re Amendments to the Florida Evidence Code, --- So.2d ----, 2007 WL 2002629 (Fla. [read post]
22 May 2007, 2:29 pm
I provide the first non-anecdotal empirical evidence on relations between secured credit and lender control in Chapter 11 of the US Bankruptcy Code. [read post]
28 Feb 2007, 12:46 am
The 11-page charging document tracks what Justice Department officials have repeatedly said they're looking for in deciding to charge in options cases: evidence of intentional fraud.
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Heller Ehrman Adds Five to London Office
The Recorder
For all of last year, Heller Ehrman's headcount grew by only 11. [read post]
23 Jan 2007, 4:02 pm
Does 1-149, before Judge Owen, in which "John Doe" defendants represented by Ray Beckerman and Ty Rogers brought motions to (a) vacate the ex parte discovery order on the ground that it had not been supported by competent evidence of a prima facie copyright infringment case, (b) quash the subpoena on that ground plus the additional ground [read post]
