Search for: "Amendment to the Florida Rules of Appellate Procedure" Results 301 - 320 of 529
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17 Jul 2023, 8:10 am by Josh Blackman
The Court, by a 6-3 vote, ruled that the prohibition on indoor worship violated the Free Exercise Clause of the First Amendment. [read post]
20 Feb 2018, 3:33 am by Edith Roberts
At the Maryland Appellate Blog, Michael Wein looks at a decision from the U.S. [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]
11 Apr 2014, 7:41 am
 A procedural mess followed, with the case going up to the 9th Circuit, then up to the SCOTUS (on the issue of a bankruptcy court’s power to decide probate matters), then back to the 9th Circuit. [read post]
26 Aug 2013, 5:04 am by Susan Brenner
  The majority found, though, that in doing this, he did not “expressly reserve” his right to appeal the denial of his motion to suppress, which is required by Florida Rule of Appellate Procedure 9.140(b)(2)(A). [read post]
19 May 2008, 8:55 am
Bucci, No. 06-2746, 07-1087 Conviction for drug- and firearm-related offenses, as well as, witness tampering and making false statements to the Drug Enforcement Administration, is affirmed over claims of error regarding: 1) deficient trial counsel performance in violation of Sixth Amendment; 2) a denial of a motion to sever; 3) alleged structural error by the district court in closing the courtroom to the public on two occasions; 4) whether the district court permitted a constructive… [read post]
23 Feb 2017, 12:04 pm by John Elwood
Courts of Appeals for the 2nd, 4th, 7th and 10th Circuits have concluded, or whether Federal Rule of Appellate Procedure 4(a)(5)(C) is instead a nonjurisdictional claim-processing rule because it is not derived from a statute, as the U.S. [read post]
30 May 2014, 12:08 pm by Cicely Wilson
Florida’s rule disregards established medical practice that an individual score is best understood as a range. [read post]
17 Jan 2010, 6:28 pm by Law Lady
,(C.A.11 (Fla.))Commercial Law - Question would be certified to determine how to evaluate procedural and substantive unconscionability.A question would be certified to the Florida Supreme Court to determine, under Florida law, what type of analytical framework courts should use in evaluating procedural and substantive unconscionability in determining whether a class action waiver is unenforceable. [read post]
5 Jul 2022, 6:27 am by Jeff Kosseff, Matthew Schafer
Consumers Union, which recognizes the importance of independent appellate review in First Amendment cases—should be a wake-up call for anyone who cares about limiting the chilling effect of defamation lawsuits and threats. [read post]
21 Mar 2012, 2:11 pm by Danielle Citron
This is a Sixth Amendment “ineffective-assistance-of-counsel” claim (“trial-phase IAC claim”). [read post]
15 Sep 2008, 8:25 pm
Supreme Court of Florida, September 10, 2008 Lawnwood Med. [read post]
21 Jun 2016, 9:01 pm by Sherry F. Colb
One approach would be to say that Miller was a procedural case and therefore did not announce a new rule of substantive constitutional rule. [read post]
23 Jul 2018, 4:00 am by Public Employment Law Press
  CITATION TO A SUMMARY ORDER FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE PROCEDURE 32.1 AND THIS COURT’S LOCAL RULE 32.1.1. [read post]
8 Apr 2021, 1:06 pm by Joshua A. Stein and Shira M. Blank
  Given that a significant number of website accessibility lawsuits and demand letters continue to emanate from Florida, this should provide relief to Florida businesses that fit into one of these two categories. [read post]
10 Sep 2012, 7:04 am
Following the French high court ruling this past December, the plaintiffs filed a motion, pursuant to Rule 60(b)(6) of the Federal Rules of Civil Procedure, requesting that the U.S. [read post]
10 Sep 2012, 7:04 am
Following the French high court ruling this past December, the plaintiffs filed a motion, pursuant to Rule 60(b)(6) of the Federal Rules of Civil Procedure, requesting that the U.S. [read post]