Search for: "Amendment to the Florida Rules of Appellate Procedure"
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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]
10 Jul 2008, 4:16 am
Despite the Supreme Court's 1976 ruling in Gregg v. [read post]
30 Jun 2008, 2:13 pm
Although we acknowledge that payment of the examining committee's fees should not be contingent on the outcome of the competency determination, we agree with appellant that the procedural statute for determining incapacity does not make the potential ward responsible for examining committee fees where the guardianship petition is dismissed or denied. [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
Conley, No. 07-1426 In an interlocutory appeal from a decision finding that a prisoner plaintiff in a suit for damages governed by the Prison Litigation Reform Act is entitled by the Seventh Amendment to a jury trial on any debatable factual issues relating to the defense of failure to exhaust administrative remedies, the ruling is reversed and remanded where: 1) juries decide cases and not issues of judicial traffic control; 2) the court can conduct a hearing on exhaustion and… [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, 8:55 am
Bucci, No. 06-2746, 07-1087 Conviction for drug- and firearm-related offenses, as well as, witness tampering and making false statements to the Drug Enforcement Administration, is affirmed over claims of error regarding: 1) deficient trial counsel performance in violation of Sixth Amendment; 2) a denial of a motion to sever; 3) alleged structural error by the district court in closing the courtroom to the public on two occasions; 4) whether the district court permitted a constructive… [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
(Amended Opinion) U.S. 2nd Circuit Court of Appeals, May 08, 2008 US v. [read post]
29 Apr 2008, 7:13 am
Moore, No. 06-1082 In a case raising the issue of whether a police officer violates the Fourth Amendment by making an arrest based on probable cause but prohibited by state law, the Supreme Court rules that warrantless arrests for crimes committed in the presence of an arresting officer are reasonable under the Constitution, and that while states are free to regulate such arrests however they desire, state restrictions do not alter the Fourth Amendment's protections. … [read post]
14 Apr 2008, 11:34 am
Smith, No. 06-3112 In a case addressing the constitutionality of a vehicle impoundment under the Fourth Amendment in circumstances in which there was no standardized policy regarding the impoundment and towing of vehicles, the circuit court rules that the constitutionality of a community caretaking impoundment is judged by directly applying the Fourth Amendment, which protects people against "unreasonable" searches and seizures. [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]
8 Apr 2008, 9:45 am
SC07-776 Section 57.071(2) of the Florida Statutes is unconstitutional as it impermissibly encroaches on the rulemaking authority of the Florida Supreme Court because it imposes procedural requirements with regard to both the discovery of expert witnesses and the taxation of expert witness fees as costs which do not exist under the rules of practice and procedure that have been promulgated by the Court. [read post]
25 Mar 2008, 1:09 pm
Urrieta, No. 07-5431 In a prosecution for being an illegal alien in possession of firearms and possession of unlawful identification documents, denial of defendant's motion to suppress evidence is reversed where, contrary to the ruling below, an extended detention violated defendant's Fourth Amendment rights. [read post]
11 Mar 2008, 8:46 am
City of Gaithersburg , No. 06-2158 In civil rights action alleging unlawful searches and seizures and unlawful continued retention of plaintiff's weapons, dismissal with prejudice of federal claims, and dismissal without prejudice of state claims, are affirmed over plaintiff's claims that: 1) police searches of his luggage, van, and apartment violated his Fourth Amendment rights; 2) the initial seizures of his guns, ammunition, firearms accessories, and survival literature… [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]
