Search for: "Amendment to the Florida Rules of Appellate Procedure" Results 341 - 360 of 529
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10 Jan 2017, 12:35 pm by Kevin Russell and Charles Davis
Sec’y, Dep’t of Corr.); and procedural defaults (Muhammad v. [read post]
13 Sep 2011, 6:58 am
 While class/collective actions always present substantial risks to defendants, many defendants would rather have the procedural certainty of the Federal Rules of Civil Procedure (including the chance at interlocutory review of a certification decision under Rule 23(f)) and the opportunity for appellate review generally. [read post]
14 Apr 2013, 6:46 pm by Stephen Bilkis
Since a best interests hearing as to the adoption of the subject child has never been held, these appellate rulings make clear that this court must hold an evidentiary hearing, including independent expert psychological testimony as to the child's best interests, regarding the impact on the child of potential separation from the Foster Mother and the placement with the Maternal Aunt for the purpose of adoption. [read post]
11 Mar 2014, 5:22 am by Juan C. Antúnez
The Banks family has lost twice so far, first at the trial court level and then in the linked-to opinion above at the Court of Special Appeals (Maryland’s intermediate appellate court), both of which ruled in favor of Hopkins and its plans for the farm land, as reported in Johns Hopkins vs. [read post]
28 Oct 2014, 1:30 pm by Maureen Johnston
Ryan, post-conviction counsel's ineffectiveness can provide cause to excuse the procedural default of an ineffective-assistance-of-appellate-counsel claim, or whether Martinez v. [read post]
3 Apr 2015, 7:48 am by John Elwood
The state intermediate appellate court rejected the claim that the monitoring bracelet amounted to a Fourth Amendment “search. [read post]
27 May 2011, 5:17 am
Every cert grant in a Fourth Amendment case by the Roberts Court creates serious risk of damage to the Fourth Amendment and individual privacy in America. [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]
9 Jan 2011, 6:47 pm by cdw
LEXIS 2 (Fl 1/6/2011) Relief denied on claims that “(1) trial counsel was ineffective for failing to prepare a penalty phase mitigation witness; (2) trial counsel was ineffective for failing to investigate, question and remove a juror from the jury panel; (3) trial counsel was ineffective for failing to properly argue the applicability of the statutory age mitigator; (4) Florida‘s lethal injection protocols are unconstitutional; (5) section 945.10, Florida Statutes… [read post]
14 Nov 2014, 5:42 am by John Elwood
United States, 13-0639 (second relist), asks whether the Eleventh Circuit’s appellate procedural default rule – categorically prohibiting consideration of issues not raised in an appellant’s opening brief – conflicts with the retroactivity rule set out in Griffith v. [read post]
10 Apr 2011, 4:04 pm by cdw
Maples involves “whether a failure to satisfy a state procedural rule in a criminal case could be excused if the convicted individual was blameness for the failure, and the state had some role in the default. [read post]
8 Jun 2017, 10:36 am by John Elwood
The court excused Hutton’s procedural default not based on any exception to the procedural default rule that Hutton himself had advanced, but on one the court invoked on its own — the “fundamental miscarriage of justice” exception. [read post]
9 Dec 2009, 10:19 pm by Richard Hornsby
A Lifeline… Florida Rules of Criminal Procedure 3.151 allows a defendant to consolidate “related” cases and charges. [read post]
5 Jan 2009, 2:28 pm
City of New York Issue: Whether the 30-day time limit in Federal Rule of Appellate Procedure 4(a)(1)(A) for filing a notice of appeal, or the 60-day time limit in Rule 4(a)(1)(B), applies to a qui tam action under the False Claims Act. [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]