Search for: "Amendments to the Florida Rules of Criminal Procedure"
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5 Jun 2014, 8:19 am
SC13-1541 ____________ IN RE: AMENDMENTS TO FLORIDA RULE OF CRIMINAL PROCEDURE 3.220. [read post]
2 Jun 2014, 2:33 pm
Supreme Court of Florida.Attorney's fees -- Appellate -- Certiorari proceedings -- Rule of Appellate Procedure 9.400(b) does not apply to rule 9.100 original proceedings -- Procedure to request attorney's fees in rule 9.100 original proceeding is governed by rule 9.300, which governs appellate motions and states that, “Unless otherwise prescribed by these rules, an application for an order or other relief available under… [read post]
30 May 2014, 12:08 pm
Florida’s rule disregards established medical practice that an individual score is best understood as a range. [read post]
28 May 2014, 6:43 am
Facts and procedural history of Hall. [read post]
27 May 2014, 7:46 am
According to Kennedy, Florida’s rule violates the Eighth Amendment prohibition on cruel and unusual punishment. [read post]
19 May 2014, 11:32 am
The Florida Star published the name, and then the victim sued under a Florida law that barred any publication of a rape victim’s name. [read post]
25 Apr 2014, 1:22 pm
RJR Nabisco, Inc., US 2nd Cir. (4/23/14)Civil Procedure, Criminal Law, Injury Law, International LawThe European Community filed suit against RJR, alleging that RJR directed, managed, and controlled a global money-laundering scheme with organized crime groups in violation of the Racketeer Influenced and Corrupt Organizations (RICO) statute, 18 U.S.C. 1961 et seq., laundered money through New York-based financial institutions and repatriated the profits of the scheme to the United… [read post]
21 Apr 2014, 6:41 am
Epstein’s attorneys intervened, arguing that Federal Rule of Evidence 410 and Federal Rule of Criminal Procedure 11 create a privilege for plea negotiations, barring release of the correspondence. [read post]
16 Mar 2014, 3:38 pm
WEST, individually; and TALL TOWER VENTURES, LLC, a Florida limited liability company, Appellees/Cross-Appellants. 2nd District.Mortgage foreclosure -- Error to dismiss second amended foreclosure complaint based on plaintiff's failure to prove that its loan servicer had authority to verify the foreclosure complaint at that stage of the litigation -- Plain language of rule does not require servicer to file evidence with the foreclosure complaint proving that it had… [read post]
28 Feb 2014, 8:02 am
Florida did not change its law after Atkins, but the Florida Supreme Court adopted a procedural rule to facilitate claims based on intellectual disability. [read post]
13 Feb 2014, 2:03 pm
In 2010, the Dodd-Frank Act amended the Securities Act of 1934 to add a section titled, “Securities Whistleblower Incentives and Protection. [read post]
11 Feb 2014, 9:01 pm
If the Court were to rule for Florida in the Hall case, it could dramatically undermine the uniformity of federal constitutional law. [read post]
22 Jan 2014, 6:09 am
The four FBI agents responded to the suit by filing a motion to dismiss Iqbal’s claims pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. [read post]
5 Jan 2014, 1:16 pm
Civil procedure -- Stay -- Trial court departed from essential requirements of law by denying motion to stay Florida action pending resolution of earlier-filed federal lawsuits in U.S. [read post]
4 Dec 2013, 6:31 am
She entered the plea under Rule 11(a)(2) of the Federal Rules of Criminal Procedure. [read post]
28 Nov 2013, 6:38 am
In the wake of a pair of SCOTUS decisions, Graham vs Florida, and more recently, Miller vs Alabama, holding that state juvenile lifer statutes violate the 8th Amendment's prohibition of cruel and unusual punishment, U.S. [read post]
18 Nov 2013, 4:56 am
In this opinion, the judge is ruling on Hitselberger’s argument that “Sections 5 and 6 of the CIPA” violate (i) his 5th Amendment right not to be compelled to incriminate himself and/or (ii) his 6th Amendment right “to confront and cross-examine witnesses against him. [read post]
15 Nov 2013, 7:59 am
I prepared a Sworn Motion to Dismiss the Case (also known as a C-4 Motion, after 3.190 (c)(4) of the Florida Rules of Criminal Procedure). [read post]
12 Nov 2013, 10:02 pm
Litigation, liability, and now criminal liability adhere to actual contamination of food in commerce. [read post]
7 Nov 2013, 12:31 am
If the dog was well-trained, that’s PC to believe there are drugs in the car, at least, see Florida v. [read post]