Search for: "In Re Florida Rules of Criminal Procedure"
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9 Feb 2008, 1:50 pm
A typical news cycle (I think that means about a week, in journalist-lingo) will find people asking me opinions on the first amendment, the fourth and fifth, criminal law, criminal sentencing, civil procedure, torts, defamation, drug use, and drug testing. [read post]
5 Feb 2008, 8:11 am
Abad, No. 06-0338 Conviction for armed robbery and murder is affirmed based on primary holding that defendant's claim under the Speedy Trial Act, 18 U.S.C. section 3162, is barred by the Act's waiver provision, and not subject to review for plain error under Federal Rule of Criminal Procedure 52(b). [read post]
30 Jan 2008, 7:35 am
McCoy, No. 06-4850 "Grant of a motion to suppress evidence seized after the detention and search of the defendant in a grocery store parking lot is reversed and remanded where the searching officer possessed a reasonable, articulable suspicion that defendant was engaged in serious criminality when the officer stopped and frisked him. [read post]
28 Jan 2008, 12:26 pm
Then once you have a well thought through, streamlined “case flow” in each of your areas of practice, you’re then ready to think about how to use your selected software systems to work together in an integrated way to automate these procedures and processes. [read post]
22 Jan 2008, 11:47 am
Spencer, No. 07-40593 "A decision amending a 1995 judgment sentencing defendant for carjacking, resulting in an increase to the amount of restitution owed, is affirmed where: 1) under a reasonable reading of the relevant rules and case law, the district court's amendment amounted to a clerical revision that did not substantively alter defendant's sentence; and 2) thus, the time limitation of Federal Rule of Criminal Procedure 35 was inapplicable. [read post]
15 Jan 2008, 1:50 pm
Castro, 540 U.S. 375 (2003); and 2) although no notice of the recharacterization would have been required under the rules set out in US v. [read post]
31 Dec 2007, 1:55 pm
In this case the defendant was adjudicated incompetent under the following criminal-procedure rule: On March 5, 2007, counsel for Reilly and counsel for the State stipulated to the “findings and the treatment recommendations of the October 25, 2006[sic] forensic competency evaluation provided to the Court by Dr. [read post]
3 Dec 2007, 8:55 pm
The Scene: Circuit Judge Cheryl Aleman's courtroom, North of the Border.Dramatis Personae: Judge Cheryl Aleman; Attorney Sean Conway; "anonymous sources" the Florida Rules Of Criminal Procedure; The Florida Bar.Sometime in October 2006, embattled Circuit Court Judge Cheryl Aleman, ever concerned for the rights of the accused, came up with a neat experiment: setting cases for trial within two weeks of the arraignment. [read post]
16 Nov 2007, 1:08 am
(Apr. 17, 2007)........................................................15Liptak, Adam, After Problem Execution,Governor Bush Suspends the Death Penaltyin Florida, N.Y. [read post]
14 Nov 2007, 5:20 am
Case 6:07-cv-01798-ACC-KRS Document 8 Filed 11/14/2007 Page 1 of 9 2 Plaintiff filed a motion for post-conviction relief pursuant to Florida Rule of Criminal Procedure 3.850 raising a variety of claims. [read post]
30 Oct 2007, 1:37 am
Introcaso, No. 05-4088"A conviction for of violating the National Firearms Act by possessing an unregistered firearm (shotgun) and unregistered destructive devices (hand grenades) is affirmed in part, and reversed and vacated in part, where: 1) the evidence presented at trial was sufficient to prove that he was in possession of the hand grenades; 2) the Firearms Act was ambiguous as to whether it required defendant to register the gun at issue; 3) thus, applying the rule of lenity,… [read post]
29 Oct 2007, 9:44 pm
Just over one third of executing jurisdictions - 13 states - have formal execution protocols though recent court litigation suggests a lack of knowledge of the procedures by corrections staff and unreliable implementation of procedures in many cases. [read post]
29 Oct 2007, 10:00 am
However, they are run through a tabulator, which saves almost all of the time, effort, and expense of an initial hand count.[15]However, each of these systems are vulnerable in many ways to the same problems that occurred in Florida: poor ballot design. [read post]
23 Oct 2007, 11:01 am
In Re The Guardianship of C.M., N.W.M., T.W.; Virginia Watson and Howard Watson v. [read post]
11 Oct 2007, 11:17 pm
Now the prosecution always gets the last word, and they still can't figure out why they are losing cases.Anyway, the First District held that while the Legislature has the power to repeal a rule of criminal procedure, it does not have the power to enact a rule of criminal procedure. [read post]
11 Oct 2007, 2:12 am
"It's the best criminal justice system in the world," Vicki Rios-Martinez said, "as long as you're a criminal. [read post]
11 Oct 2007, 2:02 am
"It's the best criminal justice system in the world," Vicki Rios-Martinez said, "as long as you're a criminal. [read post]
10 Oct 2007, 10:59 pm
STATE OF FLORIDA Appellee. [read post]
1 Oct 2007, 4:45 am
Lafferty, No. 06-1901In a prosecution for offenses arising from a burglary, denial of defendant's motion to suppress statements she and an alleged confederate made during a custodial interrogation is reversed as: 1) police failed to scrupulously respect her demand to remain silent by putting her in an interrogation room with her alleged confederate after she had invoked her right to remain silent and after he promised to give a confession; 2) no valid and meaningful waiver of her rights… [read post]
24 Sep 2007, 12:22 pm
His studies also show that fewer than 10% of child sex offenders re-offend--though recidivism is usually given as a reason for draconian measures against them. [read post]
