Search for: "In Re Florida Rules of Criminal Procedure"
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9 Feb 2009, 1:18 am
"Rule 3.851, Commentary re: 1993 Adoption. [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]
19 Jan 2009, 6:10 am
The Missouri Court of Appeals held that they could not file a motion to quash the warrants because of a change in Missouri law, i.e., the repeal of a former rule of Missouri criminal procedure. [read post]
17 Jan 2009, 8:29 am
Some laws, for example, criminalized black unemployment. [read post]
28 Dec 2008, 8:36 pm
Beck has a law degree from Harvard Law School, and practices law in the courts of South Florida. [read post]
17 Dec 2008, 7:16 pm
One defendant's sentence is remanded for resentencing where the district court committed prejudicial procedural error by calculating his advisory guideline range incorrectly. [read post]
6 Dec 2008, 7:42 am
If the borrowers are allowed to assume the status of victims, given the political happy meal offered by the CVRA as well as the new Rule 60 of the Federal Rules of Criminal Procedure, there will be no stopping borrowers from involvement in essentially every mortgage related case, even when they received everything they agreed to.Applying a theoretical model, where everything that happens with regard to a mortgage ultimately is paid for by a borrower somewhere,… [read post]
1 Dec 2008, 9:18 pm
Epps, No. 0860652 In an Eight Amendment challenge to lethal injection as the method of execution for two death-row inmates, rulings that the applicable statute of limitations barred plaintiffs' section 1983 action and grant of summary judgment to defendant are affirmed where: 1) under Wilson v. [read post]
1 Dec 2008, 11:45 am
Contemporary Eighth Amendment jurisprudence upholds the authority of the courts to review a state legislature's decision generally, and specifically to review a legislature's enactments regarding criminal punishment. [read post]
21 Nov 2008, 1:36 pm
’ paper by Graeme Clark SC (IP Down Under) Full Federal Court decision concerning brand reputation in context of ‘lookalike’ products and famous brands: Hansen Beverage Company v Bickfords (Australia) Pty Ltd (Mallesons Stephen Jaques) Federal Court holds that grace period applicable to a ‘parent patent’ is different to that of its divisional ‘child’: Mont Adventure Equipment v Phoenix Leisure Group (IP Down Under) Design valid… [read post]
17 Nov 2008, 6:39 pm
(Substituted opinion) U.S. 9th Circuit Court of Appeals, November 13, 2008 In re: Gallaher, No. 07-74593 In a criminal appeal arising from a district court's refusal to accept a conditional guilty plea, a petition for writ of mandamus challenging the refusal is denied but the matter is remanded for reassignment to a new judge to reconsider the conditional plea where: 1) under Fed. [read post]
3 Nov 2008, 7:03 pm
Levesque, No. 081344 A forfeiture order for $3,068,000 for conspiracy to possess with intent to distribute 100 kilograms or more of marijuana, is vacated and remanded where: 1) 21 U.S.C. section 853 authorizes money judgments; 2) the case is remanded to give district court the opportunity to consider whether and to what extent the ruling in the recent Supreme Court case, US v. [read post]
20 Oct 2008, 6:46 pm
P. 23(b)(2) requirements for certification; and 4) remand was necessary for consideration of whether the proposed damages class met the Rule 23(b)(3) requirements. [read post]
14 Oct 2008, 3:20 pm
Mejia, No. 052856, 056683, 061744 Convictions for conspiracy to commit assaults with a dangerous weapon in aid of racketeering activity, assault with a dangerous weapon in aid of racketeering activity, and discharge of a firearm during a crime of violence are vacated where: 1) the testimony of the Government expert witness violated the Federal Rules of Evidence and the Confrontation Clause of the Sixth Amendment; and 2) that error was not harmless. [read post]
2 Oct 2008, 4:27 am
PROCEDURAL BACKGROUND Dr. [read post]
9 Sep 2008, 2:25 pm
Hernandez, No. 071828 In criminal defendant's objection to two-point sentencing enhancement, sentence including period of criminal supervision for conspiracy to distribute heroin is affirmed where: 1) defendant "committed the instant offense while under a[] criminal justice sentence," USSG section 4A1.1(d); and 2) the district court appropriately elevated his criminal history score by two points on that account. [read post]
2 Sep 2008, 5:17 pm
Hernandez, No. 07-1828 In a matter of first impression concerning the application of section 4A1.1(d) of the federal sentencing guideline, sentence for conspiracy to distribute heroin is affirmed where: 1) defendant "committed the instant offense while under a[] criminal justice sentence"; and 2) the district court appropriately elevated his criminal history score by two points on that account. [read post]
28 Aug 2008, 2:15 pm
Bonin, No. 07-30827 In a case involving an individual previously arrested for making threats to country music singer George Strait and later for threats to a magistrate judge, an order committing defendant to the custody of the Attorney General pursuant to a dangerousness determination is vacated and remanded where the determination contravened the requisite statutory procedure. . [read post]
4 Aug 2008, 7:06 pm
Reyeros, No. 06-1485, 06-1486 Convictions and sentence for conspiracy to import cocaine are affirmed where: 1) there was sufficient evidence that defendant knew the specific object of the conspiracy; 2) documents in the possession of a foreign sovereign and never seen by the government were not subject to Brady or Jencks disclosure; 3) there was no individual or cumulative unfairness in the court's rulings on a motion to sever, evidentiary questions, or alleged prosecutorial… [read post]
21 Jul 2008, 10:53 pm
See Wernick, In Accordance with a Public Outcry: Zoning Out Sex Offenders Through Residence Restrictions in Florida, 58 Fla. [read post]
