Search for: "Amendment to the Florida Rules of Appellate Procedure"
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4 Dec 2014, 11:05 am
United States, 13-10639, asking whether the Eleventh Circuit’s appellate procedural default rule – prohibiting consideration of issues not raised in an appellant’s opening brief – conflicts with retroactivity rules when new precedent changes the law after briefing. [read post]
15 Dec 2021, 11:50 am
Florida appealed the court’s ruling and we will be watching closely to see how the Eleventh Circuit rules in the appeal (Plaintiff’s response was submitted on November 8). [read post]
19 Nov 2014, 12:58 pm
United States, 13-10639 (third 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]
26 Jun 2011, 8:44 pm
Const. amends. [read post]
11 Jan 2017, 7:29 am
Jacobson alleged that the appellants unlawfully restrained her by keeping her mother from visiting her while she was hospitalized, kidnapped her by arranging without any authority to do so for her to be sent to live in Florida with a family member, and unlawfully enticed her onto a plane to Florida without getting legal permission from her mother. [read post]
6 Aug 2014, 4:00 am
Appellant Alexander Michael Roy (Roy) alleges that his criminal conviction was obtained in violation of the Sixth Amendment and the Supreme Court’s holding in United States v. [read post]
13 Jun 2024, 5:01 am
Young sued for libel and related torts, and sought punitive damages; the appellate court held that he had offered sufficient evidence to support that request: Section 768.72, Florida Statutes, and Florida Rule of Civil Procedure 1.190 require court approval before a claimant may plead entitlement to punitive damages. [read post]
8 Dec 2022, 5:16 am
Swann, a federal appellate court decision from 1975, which involved an obstruction indictment under Section 1503. [read post]
4 Aug 2008, 6:17 pm
" Supreme Court of Florida, July 31, 2008 & [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]
6 Jul 2011, 8:50 am
The concerns raised by Brown regarding a child witness’s testimony are adequately addressed by our Rules of Evidence. [read post]
30 Sep 2012, 8:34 pm
Certainly if the Constitution permits an appellate court to rule on a timeliness issue not raised which would obliterate a valid claim, it allows advancement of an issue not raised in order to avoid a miscarriage of justice.Contrast this very thoughtful Ninth Circuit opinion with another federal court ruling on matters not squarely raised. [read post]
3 Feb 2014, 7:12 am
A recent bill to amend the Florida structured settlement protection act likewise proposes a discount ceiling similar to North Carolina. [read post]
2 Dec 2009, 8:17 pm
Well the Florida Supreme Court was not very sympathetic, and held: The Fourth Amendment right to privacy is measured by a two-part test: The person must have a subjective expectation of privacy; and That expectation must be one that society recognizes as reasonable. [read post]
4 Feb 2008, 12:09 am
Deadline for Commenting on Federal Appellate Rule Amendments Is Fast Approaching
Special to Law.com
Although the next wave of significant proposed amendments to the Federal Rules of Appellate Procedure will likely not go into effect until December 2009, now is the time to focus on the details, writes litigator Howard J. [read post]
22 Mar 2024, 4:00 am
The move came on the heels of an expected high court ruling that Section 3 cannot be used against federal officials or candidates until Congress writes a law outlining procedures to do so. [read post]
21 Feb 2011, 9:55 am
Or Florida. [read post]
27 Oct 2011, 7:18 am
On November 2012 ballot Florida As with Arizona, the Florida interest in changing the mandatory retirement age was connected to changes to judicial selection. [read post]
15 Nov 2018, 10:30 pm
" In contrast, said the Appellate Division, local police could do so if ICE produced a warrant "signed by a judge. [read post]
11 Jan 2017, 7:19 am
§ 1369(b)(1)(F), the portion of the Clean Water Act’s judicial review provision that requires that agency actions “in issuing or denying any permit” under Section 1342 be reviewed by the court of appeals, to decide petitions to review the waters-of-the-United-States rule, even though the rule does not “issu[e] or den[y] any permit” but instead defines the waters that fall within Clean Water Act jurisdiction. [read post]
