Search for: "Amendment to the Florida Rules of Appellate Procedure" Results 461 - 480 of 530
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17 Nov 2008, 6:39 pm
Walker, No. 060618 In a conviction for robbery and unlawful possession of a weapon, grant of writ of habeas corpus is affirmed where: 1) Appellate Division's ruling that there was no right of defendant to cross-examine on racial bias because it represented "general ill will" rather than "specific hostility towards defendant" constituted an unreasonable application of the Confrontation Clause; and 2) the error was not harmless. [read post]
13 Nov 2008, 3:45 pm
(Amended opinion) U.S. 3rd Circuit Court of Appeals, November 07, 2008 Urcinoli v. [read post]
3 Nov 2008, 7:03 pm
Rounds, 530 F.3d 724, 732 (8th Cir. 2008): 1) plaintiff was likely to prove any interest the state has in protecting funeral mourners from unwanted speech was outweighed by the First Amendment right to free speech; [read post]
31 Oct 2008, 2:33 am
  According to the subcommittee's report I previously mentioned, this would be the first time a Florida appellate court addresses the application of Rule 1.525 within the context of a trust proceeding. [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]
23 Sep 2008, 10:16 pm
State of Florida In a capital-murder case, denial of motion for postconviction relief is affirmed over claims of error regarding: 1) ineffective assistance of counsel during the penalty phase of petitioner's trial; 2) summary denial of claims of ineffective assistance during the guilt phase; 3) the constitutionality of rules limiting the subjects about which counsel may interview jurors; and 4) the constitutionality of Florida's lethal-injection protocol. … [read post]
18 Sep 2008, 8:56 pm
Florida (1996), the Secretary of the Interior may establish procedures for Indian gaming if a state declines to enter a compact with the Tribe and invokes immunity from suit under the Eleventh Amendment. [read post]
15 Sep 2008, 8:29 pm
Cruz-Rodriguez, No. 052492, 052493 Convictions and sentences of twenty-six defendants for crimes arising from their involvement in a large drug distribution network that operated in a Puerto Rico housing project are affirmed over claims of error that: 1) the evidence was insufficient; 2) the evidence failed to implicate one defendant in any conspiracy; 3) the evidence implicated a defendant in a conspiracy different from the one charged; and 4) district court committed a host of errors, mostly… [read post]
15 Sep 2008, 8:25 pm
Supreme Court of Florida, September 10, 2008 Lawnwood Med. [read post]
9 Sep 2008, 2:25 pm
Horn, No. 03-9010, 03-9011 In a capital-murder case, petition for a writ of habeas corpus is granted where: 1) the time period for filing the petition was tolled during state-court proceedings, and the federal petition was therefore timely; 2) the state fugitive-forfeiture rule did not apply to procedurally default the petition; 3) the jury instructions and verdict sheet that were used during the penalty phase of petitioner's trial denied him due process of law pursuant to… [read post]
2 Sep 2008, 5:17 pm
Leveto, No. 05-4753 Conviction for federal income tax fraud is affirmed where: 1) defendant had knowingly and voluntarily waived his Sixth Amendment right to counsel and, once properly waived, this right is no longer absolute; and 2) there was no reversible error in several rulings regarding a warrant and summons. [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
Aviles-Colon, No. 05-1384, 05-2039, 05-2040 Conviction for conspiracy to distribute heroin, cocaine, and marijuana at three drug points in Puerto Rico in violation of 21 U.S.C. sections 841(a) and 846 and for possession of firearms, is affirmed for two appellants and vacated for the third appellant where: 1) with respect to the two appellants there is no reversible error; and 2) with respect to the third appellant, the government failed to disclose exculpatory… [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]
19 Jul 2008, 12:19 pm
He then filed a motion forpostconviction relief, followed by an amended Rule 3.850 motion. [read post]
14 Jul 2008, 5:04 pm
A Florida couple heard the call over a police scanner and traveled to Washington to present a tape to Rep. [read post]