Search for: "In Re Amendments to Florida Rules of Criminal Procedure"
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13 May 2008, 1:35 pm
(Amended Opinion) U.S. 2nd Circuit Court of Appeals, May 08, 2008 US v. [read post]
4 May 2008, 11:08 am
Four courts have rejected this, stating that as the SCA does not refer to real-time data, and the Pen/Trap statute gives no right to information tracking a user's location, the only way to grant the government access to such information is under Federal Rule of Criminal Procedure 41(d)(1), which requires a showing of probable cause before a search warrant is issued.13The government has also argued that there is no Fourth Amendment implication in the… [read post]
2 May 2008, 7:00 am
: (Intellectual Property Watch), Open licensing vs monopoly controlled supply: (KEI), Protecting inventions involving biofuel feedstock: (IP Law360), Brazil: ‘Public interest’ factor in Brazil’s patenting system: (Spicy IP), EU: Regulation (EC) 1394/2007 on advanced medicinal products to enter into force soon, creating certification procedure regarding quality and non-clinical data: (Catch Us If You Can!!!) [read post]
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
Page, No. 06-3800 A conviction for conspiracy to import cocaine and marijuana is affirmed over a claim that the district court violated Federal Rule of Criminal Procedure 11(b)(1)(G) by not informing defendant of, and making sure he understood, the nature of the charge to which he pled guilty. . [read post]
11 Mar 2008, 8:46 am
City of Gaithersburg , No. 06-2158 In civil rights action alleging unlawful searches and seizures and unlawful continued retention of plaintiff's weapons, dismissal with prejudice of federal claims, and dismissal without prejudice of state claims, are affirmed over plaintiff's claims that: 1) police searches of his luggage, van, and apartment violated his Fourth Amendment rights; 2) the initial seizures of his guns, ammunition, firearms accessories, and survival literature… [read post]
6 Mar 2008, 12:12 pm
It is the Louisiana Code of Judicial Conduct that sets forth the state’s rules and procedures for allowing cameras in to cover judicial proceedings. [read post]
3 Mar 2008, 12:13 pm
Alexander, No. 06-1867 A sentence for sexual abuse of a minor is vacated and remanded where the district court plainly erred in failing to provide notice of an upward variance as required by Federal Rule of Criminal Procedure 32(h). [read post]
29 Feb 2008, 10:29 am
Recent amendments to federal rules of appellate, bankruptcy, civil and criminal procedure require redaction of personal identification information from documents filed with the court - The blogging lawyers & attorneys at K & L Gates in the firm's Electronic Discovery Law Blog William F. [read post]
11 Feb 2008, 8:08 am
Pepin, No. 06-1462 "In case where defendant awaits trial on charges eligible for the death penalty, order excluding evidence of post-mortem dismemberment of the victims is vacated as: 1) to the extent that the district court excluded evidence from the guilt phase solely because it was excluded at the penalty phase, it erred as a matter of law; and 2) to the extent that the court relies on Federal Rule of Evidence 403, to exclude all evidence as to post-mortem dismemberment, it was an… [read post]
9 Feb 2008, 1:50 pm
A typical news cycle (I think that means about a week, in journalist-lingo) will find people asking me opinions on the first amendment, the fourth and fifth, criminal law, criminal sentencing, civil procedure, torts, defamation, drug use, and drug testing. [read post]
5 Feb 2008, 8:11 am
Abad, No. 06-0338 Conviction for armed robbery and murder is affirmed based on primary holding that defendant's claim under the Speedy Trial Act, 18 U.S.C. section 3162, is barred by the Act's waiver provision, and not subject to review for plain error under Federal Rule of Criminal Procedure 52(b). [read post]
30 Jan 2008, 7:35 am
McCoy, No. 06-4850 "Grant of a motion to suppress evidence seized after the detention and search of the defendant in a grocery store parking lot is reversed and remanded where the searching officer possessed a reasonable, articulable suspicion that defendant was engaged in serious criminality when the officer stopped and frisked him. [read post]
22 Jan 2008, 11:47 am
Spencer, No. 07-40593 "A decision amending a 1995 judgment sentencing defendant for carjacking, resulting in an increase to the amount of restitution owed, is affirmed where: 1) under a reasonable reading of the relevant rules and case law, the district court's amendment amounted to a clerical revision that did not substantively alter defendant's sentence; and 2) thus, the time limitation of Federal Rule of Criminal Procedure 35… [read post]
15 Jan 2008, 1:50 pm
Castro, 540 U.S. 375 (2003); and 2) although no notice of the recharacterization would have been required under the rules set out in US v. [read post]
16 Nov 2007, 1:08 am
(Apr. 17, 2007)........................................................15Liptak, Adam, After Problem Execution,Governor Bush Suspends the Death Penaltyin Florida, N.Y. [read post]
14 Nov 2007, 5:20 am
Case 6:07-cv-01798-ACC-KRS Document 8 Filed 11/14/2007 Page 1 of 9 2 Plaintiff filed a motion for post-conviction relief pursuant to Florida Rule of Criminal Procedure 3.850 raising a variety of claims. [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
Just over one third of executing jurisdictions - 13 states - have formal execution protocols though recent court litigation suggests a lack of knowledge of the procedures by corrections staff and unreliable implementation of procedures in many cases. [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]
