Search for: "Amendments to Florida Rules of Criminal Procedure"
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2 Sep 2008, 5:17 pm
Leveto, No. 05-4753 Conviction for federal income tax fraud is affirmed where: 1) defendant had knowingly and voluntarily waived his Sixth Amendment right to counsel and, once properly waived, this right is no longer absolute; and 2) there was no reversible error in several rulings regarding a warrant and summons. [read post]
28 Aug 2008, 2:15 pm
Bonin, No. 07-30827 In a case involving an individual previously arrested for making threats to country music singer George Strait and later for threats to a magistrate judge, an order committing defendant to the custody of the Attorney General pursuant to a dangerousness determination is vacated and remanded where the determination contravened the requisite statutory procedure. . [read post]
23 Aug 2008, 3:36 am
Not only are the violation of probation hearings void of any 5th amendment rights to silence and often very quick, but the Florida Rules of Criminal Procedure require far less proof than the usual burden of beyond a reasonable doubt. [read post]
4 Aug 2008, 7:06 pm
Wecht, No. 07-4767 In a trial accusing a public official of misusing his office for private financial gain, an order to withhold from the public the names and addresses of prospective and trial jurors is vacated where: 1) the collateral order doctrine granted jurisdiction to hear the appeal; 2) intervenors-media companies had standing to challenge the order; 3) there is a presumptive First Amendment right to obtain the names of jurors prior to empanelment, which was not overcome here; but… [read post]
21 Jul 2008, 10:53 pm
Ed. 2d 574 (U.S. 2005) (applying Iowa law), the court of appeals held that an Iowa statute that prohibited persons who had committed a criminal sex offense against a minor from residing within 2,000 feet of a school or child care facility, did not violate the Due Process Clause of the Fourteenth Amendment, was not retroactive criminal punishment in violation of the Ex Post Facto Clause, did not interfere with the right of sex offenders to travel, and did not violate the… [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]
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, 6:26 pm
Bush, No. 06-1195, 06-1196 In habeas proceedings brought by aliens detained at Guantanamo after being captured in Afghanistan or elsewhere abroad and designated enemy combatants by tribunals, the Court rules that petitioners have the constitutional privilege of habeas corpus. [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]
29 May 2008, 12:31 pm
May 2008 Product Media List Price Gillespie Michigan Criminal Law and Procedure: Search and Seizure, 2008 ed. - NEW Analyzes Michigan search and seizure law in light of the Fourth Amendment [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]
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]
4 May 2008, 11:08 am
Four courts have rejected this, stating that as the SCA does not refer to real-time data, and the Pen/Trap statute gives no right to information tracking a user's location, the only way to grant the government access to such information is under Federal Rule of Criminal Procedure 41(d)(1), which requires a showing of probable cause before a search warrant is issued.13The government has also argued that there is no Fourth Amendment implication in the… [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]
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]
