Search for: "In Re: Amendments to the Florida Rules of Criminal Procedure" Results 41 - 60 of 279
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19 Sep 2014, 11:22 pm by Jeff Gamso
” “‘Where a statute authorizes the inspection but makes no rules governing the procedures that inspectors must follow, the Fourth Amendment and its various restrictive rules apply. [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]
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]
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]
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 Aug 2012, 1:41 pm by thehealthlawfirm
Formal administrative hearings are governed by the Florida Administrative Procedure Act (APA), Chapter 120, Florida Statutes. [read post]
9 Sep 2008, 2:25 pm
Hernandez, No. 071828 In criminal defendant's objection to two-point sentencing enhancement, sentence including period of criminal supervision for conspiracy to distribute heroin is affirmed where: 1) defendant "committed the instant offense while under a[] criminal justice sentence," USSG section 4A1.1(d); and 2) the district court appropriately elevated his criminal history score by two points on that account. [read post]
16 Jul 2012, 1:05 pm by Andrew Stine
Petitioner filed a demand for speedy trial pursuant Florida Rule of Criminal Procedure 3.191(b). [read post]
10 Nov 2009, 7:24 pm
He also noted that many states have eliminated parole in their criminal justice systems. [read post]
27 May 2008, 9:50 am
Williams, No. 06-694 A statute criminalizing, in certain specified circumstances, the pandering or solicitation of child pornography is neither overbroad under the First Amendment nor impermissibly vague under the Due Process Clause. [read post]
23 Dec 2017, 10:36 am by Associates and Bruce L. Scheiner
Then earlier this year, the Florida Supreme Court in the per curiam ruling of In re: Amendments to the Florida Evidence Code, decided NOT to adopt the Daubert standard – even though the legislature had passed a law enacting it – for two reasons: Concerns regarding the constitutionality of the amendment; Procedural concerns with the law creating a section that isn’t part of the state’s evidence code. [read post]
31 Dec 2015, 1:47 pm by Shahid Buttar
Let us know if you’re willing to take action where you live when it does. [read post]
1 Dec 2008, 9:18 pm
Epps, No. 0860652 In an Eight Amendment challenge to lethal injection as the method of execution for two death-row inmates, rulings that the applicable statute of limitations barred plaintiffs' section 1983 action and grant of summary judgment to defendant are affirmed where: 1) under Wilson v. [read post]
20 Sep 2022, 9:22 am by Eric Goldman
Florida and the plaintiffs will cross-appeal the 11th Circuit ruling to the Supreme Court in the very near future. [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]