Search for: "Amendment to the Florida Rules of Appellate Procedure"
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28 Jun 2009, 6:47 am
Rep. 5, Andrews Insurance Coverage Litigation Reporter June 26, 2009A California insurer improperly ruled that a plan member was not eligible for long-term disability benefits as it failed to comply with the terms of the plan, which required it to review her appeal, a Los Angeles federal judge has ruled. [read post]
29 Apr 2020, 6:03 am
., Appellant, v. [read post]
12 Jan 2017, 7:01 am
Florida, violates the Sixth Amendment; (2) whether Hurstand the Sixth and Eighth Amendments require, at least, a unanimous jury recommendation for a sentence of death, as the Florida Supreme Court held on remand in Hurst; and (3) whether the Supreme Court’s decision in Hurst applies retroactively to the petitioner’s case, and the cases of other condemned inmates sentenced under unconstitutional capital sentencing laws, when the new rule… [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 was… [read post]
21 Dec 2020, 9:47 am
The landmark Supreme Court ruling Roe v. [read post]
18 Jul 2021, 7:37 am
The procedural posture is a little wonky because instead of an appellate brief, juvenile filed a motion for an evidentiary hearing (something he contends he didn’t get, but should’ve gotten, below). [read post]
28 Feb 2019, 5:42 am
Supreme Court precedent, and with precedent from appellate courts in other states. [read post]
23 Sep 2009, 8:57 am
Marcus Issue: Whether the court of appeals departed from the Court’s interpretation of Rule 52(b) of the Federal Rules of Criminal Procedure by adopting as the appropriate standard for plain-error review of an asserted ex post facto violation whether "there is any possibility, no matter how unlikely, that the jury could have convicted based exclusively on pre-enactment conduct. [read post]
6 Mar 2022, 9:01 pm
As I have noted, Republicans in North Carolina (and Pennsylvania too) have been invoking the theory over the last few weeks to challenge state court rulings that rejected (and replaced) congressional district lines drawn by the state legislatures. [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]
5 Jan 2015, 8:47 am
For procedural reasons, the court of appeal only reached the issue of fair use and affirmed the district court’s grant of summary judgment. [read post]
29 Apr 2020, 8:37 am
Because Facebook has immunity, these suits have no basis in law, and dismissal under Texas Rule of Procedure 91a is proper. [read post]
6 Jan 2021, 8:47 am
Finally, the district court’s order thoroughly addressed the grounds asserted in the statement of contest filed by appellants and considered the evidence offered by appellants even when that evidence did not meet the requirements under Nevada law for expert testimony[.] [read post]
17 Oct 2022, 7:25 am
The procedural path of this case supports the notion that Tendler’s claim should not have been dismissed. [read post]
28 Jun 2017, 1:11 pm
Florida. [read post]
10 Dec 2015, 2:00 am
” Eleven states joined this case as State Appellants. [read post]
4 Aug 2021, 4:06 am
I spoke with Jeff Younger during a recent Black Robe Regiment conference in Orlando, Florida, where he explained how exercising his First Amendment Right could land him behind bars for up to a year. [read post]
5 Aug 2010, 1:07 pm
Ciavarella[17] pulls no punches: With utter disdain for the rule of law, defendants Mark A. [read post]
27 Jun 2017, 1:14 pm
But it denied relief in Davila – not because appellate counsel was constitutionally effective – but because, in a 5-4 vote, it decided that a procedurally defaulted claim of ineffective assistance of appellate counsel could not be excused, and thereby considered in federal habeas review, due to ineffective post-conviction counsel’s failure to raise the claim. [read post]
28 Apr 2009, 7:14 am
Weekly D845bContracts -- Civil procedure -- Vacation of judgment -- Order vacating judgment for defendant in action for breach of contract to build and sell residence to plaintiff, and setting case for new trial, on ground that court committed judicial error by depriving plaintiff of opportunity to seek return of earnest money deposit -- Any error in trial court's failure to order return of earnest money deposit is not type of error cognizable under rule 1.540 -- Judicial… [read post]
