Search for: "In Re Florida Rules of Criminal Procedure"
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19 Jul 2008, 12:19 pm
He then filed a motion forpostconviction relief, followed by an amended Rule 3.850 motion. [read post]
19 Jul 2008, 11:56 am
Rees is hereby denied; however, in light of the scheduled execution of appellant on September 23, 2008, the trial court has jurisdiction to consider any successive motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.851.We further direct that all further proceedings in this case be expedited. [read post]
10 Jul 2008, 4:16 am
Despite the Supreme Court's 1976 ruling in Gregg v. [read post]
6 Jul 2008, 3:41 pm
Nor does she consider that even if opinions of the writers were truly reflected in their writings, this does not mean that these thoughts and opinions are carried over to official duties which may be bound by rules of procedure and evidentiary guidelines. [read post]
30 Jun 2008, 7:32 am
"Part of our employment procedure has been the 10-year rule. [read post]
27 Jun 2008, 3:36 am
claims for relief unless Athe motion, files, and records in the case conclusively show that the movant is entitled to no relief.@ Florida Rule of Criminal Procedure 3.851(f)(5)(B) applies the same standard to successive postconviction motions in capital cases. [read post]
25 Jun 2008, 6:15 pm
Bermudez, No. 06-5119 Conviction for possession of firearm by a felon is affirmed where: 1) the district court did not err in admitting police testimony as to drug-related statements made by defendant; 2) the use of a "blind strike" method in jury selection was both constitutional and consistent with Federal Rule of Criminal Procedure 24(b); and 3) comments made during the government's closing arguments were not unfairly prejudicial. [read post]
10 Jun 2008, 2:36 pm
Collier, No. 07-1457 In a criminal prosecution wherein defendant was convicted of being a felon in possession of a firearm, an evidentiary ruling and denial of defendant's motion for a new trial are affirmed where: 1) defendant's previous felony conviction for credit card fraud was properly admitted to impeach his trial testimony as a prior felony conviction lacking highly prejudicial effect; 2) alternatively, convictions of crimes involving dishonesty are categorically… [read post]
27 May 2008, 9:50 am
Contrary to the court of appeals' ruling, there is no requirement of a relationship between possession of the item in question and the underlying felony. . [read post]
19 May 2008, 8:47 am
Davi, No. 05-20803 An order enjoining California and Florida from applying their licensing and regulatory requirements on a Texas-based real estate broker is reversed and dismissed where: 1) personal jurisdiction over California did not arise from merely having sent cease and desist orders to the Texas Real Estate Commission; and 2) personal jurisdiction over Florida did not arise from the state's contact with the Texas Attorney General's Office in order to obtain… [read post]
13 May 2008, 1:35 pm
U.S. 5th Circuit Court of Appeals, May 07, 2008 In Re: Dean, No. 08-20125 Petition for writ of mandamus brought by twelve victims in a related criminal proceeding, challenging under the Crimes Victims Rights Act (CVRA) a decision denying their request that the district court reject a plea agreement, is denied where the court finds that a writ of mandamus would not be appropriate under the circumstances since the court allowed the victims substantial and meaningful participation in… [read post]
4 May 2008, 11:08 am
A new bill in Florida is working its way through the legislature which will require all registered sex offenders to provide all telephone numbers when they register. [read post]
2 May 2008, 7:00 am
: (Intellectual Property Watch), Open licensing vs monopoly controlled supply: (KEI), Protecting inventions involving biofuel feedstock: (IP Law360), Brazil: ‘Public interest’ factor in Brazil’s patenting system: (Spicy IP), EU: Regulation (EC) 1394/2007 on advanced medicinal products to enter into force soon, creating certification procedure regarding quality and non-clinical data: (Catch Us If You Can!!!) [read post]
14 Apr 2008, 11:34 am
Attorneys' Manual cannot create substantive rights for the defendants; and 2) the district court abused its discretion when it failed to consider or allude to any prejudice caused by the government's failure to abide by District of Puerto Rico Local Rule 144.2(b). [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]
11 Mar 2008, 8:46 am
Igbokwe, No. 07-1513 Defendant's convictions and sentence for health care fraud, currency structuring, and money laundering are affirmed where: 1) the evidence was sufficient to support the convictions; and 2) any error in calculating the loss for the health care fraud conviction would have been harmless because the sentence was based on defendant's currency structuring conviction under the guideline grouping rules, rather than on his health care fraud conviction. [read post]
6 Mar 2008, 12:12 pm
It is the Louisiana Code of Judicial Conduct that sets forth the state’s rules and procedures for allowing cameras in to cover judicial proceedings. [read post]
3 Mar 2008, 12:13 pm
Alexander, No. 06-1867 A sentence for sexual abuse of a minor is vacated and remanded where the district court plainly erred in failing to provide notice of an upward variance as required by Federal Rule of Criminal Procedure 32(h). [read post]
29 Feb 2008, 10:29 am
Recent amendments to federal rules of appellate, bankruptcy, civil and criminal procedure require redaction of personal identification information from documents filed with the court - The blogging lawyers & attorneys at K & L Gates in the firm's Electronic Discovery Law Blog William F. [read post]
11 Feb 2008, 8:08 am
Pepin, No. 06-1462 "In case where defendant awaits trial on charges eligible for the death penalty, order excluding evidence of post-mortem dismemberment of the victims is vacated as: 1) to the extent that the district court excluded evidence from the guilt phase solely because it was excluded at the penalty phase, it erred as a matter of law; and 2) to the extent that the court relies on Federal Rule of Evidence 403, to exclude all evidence as to post-mortem dismemberment, it was an… [read post]
