Search for: "Amendment to the Florida Rules of Appellate Procedure"
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3 May 2010, 12:24 pm
Florida, Jurek v. [read post]
15 Apr 2010, 2:19 pm
Florida, 517 U.S. 44 (1996). [read post]
1 Apr 2010, 2:25 pm
Florida Rule of Criminal Procedure 3.510, entitled “Determination of Attempts and Lesser Included Offenses,” provides the following: On an indictment or information on which the defendant is to be tried for any offense the jury may convict the defendant of: . . . . [read post]
15 Mar 2010, 10:14 am
The Court now told the lawyers to address much broader issues about the relationship of corporations to the First Amendment. [read post]
10 Mar 2010, 2:19 pm
I am copying Tae Bronner, Chair of the Section’s probate law and procedure committee, and asking that her committee review the issue and determine if action is warranted to clarify the rule further. [read post]
25 Feb 2010, 10:57 am
– Environmental Protection Agency, Federal Register, February 24, 2010 In accordance with Section 122(i) of the Comprehensive Environmental Response, Compensation, and Liability Act, as amended (CERCLA), 42 U.S.C. [read post]
1 Feb 2010, 4:25 am
’ (Patently-O) Recent USPTO roundtable – proposed BPAI Ex Parte Appeals Rules modifications (Daily Dose of IP) (Inventive Step) USPTO announces interim procedure for patentees to request patent term adjustment recalculation (Anticipate This!) [read post]
26 Jan 2010, 1:26 pm
No. 5, No. 09-1936 In plaintiff's action against a county school district under Title IX of the Education Amendments of 1972, 20 U.S.C. section 1681(a), alleging that defendants knew that an elementary school teacher sexually harassed students at another county but allowed him to ob [read post]
26 Jan 2010, 1:26 pm
Hall, No. 09–5731 In a capital habeas matter, the petition for certiorari is granted and the court of appeals' order is vacated and remanded where the court of appeals incorrectly held that the habeas petition, which claimed that petitioner was denied discovery into the issue of whether there had been improper communications between the judge and jury, was procedurally barred based on an insufficient record, contrary to Cone v. [read post]
17 Jan 2010, 6:28 pm
,(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]
8 Jan 2010, 7:09 am
State, this Florida appellate court ruled that the trial judge was not neutral an impartial and departed from his role. [read post]
9 Dec 2009, 10:19 pm
A Lifeline… Florida Rules of Criminal Procedure 3.151 allows a defendant to consolidate “related” cases and charges. [read post]
9 Dec 2009, 6:23 pm
Florida and Graham v. [read post]
6 Dec 2009, 12:44 pm
The appellate court found that, pursuant to Florida Rule of Criminal Procedure 3.600(b)(8) and the Sixth Amendment of the U.S. [read post]
6 Dec 2009, 12:44 pm
The appellate court found that, pursuant to Florida Rule of Criminal Procedure 3.600(b)(8) and the Sixth Amendment of the U.S. [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]
18 Nov 2009, 8:38 pm
Capping a rule-making odyssey that began in 2005, the Florida Supreme Court adopted rules on November 12, 2009, intended to expedite appellate review in dependency and parental termination cases.1 The Court’s opinion amends three bodies of rules: The Florida Rules of Judicial Administration, the Florida Rules of Juvenile Procedure, and the Florida Rules of Appellate… [read post]
29 Oct 2009, 5:58 am
The clarified standard for rule 12(b)(6) motions adopted here will apply to any amended complaint that the plaintiffs may file.Iannacchino v. [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]
22 Sep 2009, 6:10 pm
-- Where a judgment contains a reservation of jurisdiction to award prejudgment interest, should the appeal of such judgment be treated as a premature appeal under Florida Rule of Appellate Procedure 9.100(l), or must the appeal be treated as accomplishing a waiver of prejudgment interest pursuant to McGurn v. [read post]
