Search for: "Amendments to Florida Rules of Criminal Procedure & Florida Rules of Appellate Procedure"
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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]
10 Apr 2012, 9:38 am
Following suit, the Second District Appellate Court expanded the Resisting/Obstructing statute to included being uncooperative with booking procedures. [read post]
9 Feb 2009, 1:18 am
Tompkins has explained in his amended motion forDNA testing that was filed in the circuit court, there are moresensitive and more sophisticated tests and procedures (albeitmore expensive) than the government funded testing done by theFBI and FDLE which have repeatedly been unable to unlock the DNAsequence that when government funded testing was used producedinconclusive results. [read post]
15 Sep 2008, 8:29 pm
Cruz-Rodriguez, No. 052492, 052493 Convictions and sentences of twenty-six defendants for crimes arising from their involvement in a large drug distribution network that operated in a Puerto Rico housing project are affirmed over claims of error that: 1) the evidence was insufficient; 2) the evidence failed to implicate one defendant in any conspiracy; 3) the evidence implicated a defendant in a conspiracy different from the one charged; and 4) district court committed a host of errors, mostly… [read post]
22 Apr 2013, 5:41 pm
LISA INGRAM, Appellee. 4th District.Civil procedure -- Sanctions -- Dismissal -- Trial court abused its discretion in dismissing case as sanction for discovery violations without making express factual findings demonstrating such a severe sanction was warrantedDEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee of MSAC 2007-HE6, Appellant, v. [read post]
2 May 2015, 10:24 am
MARTHA NASH, Appellee. 2nd District.Civil procedure -- Dismissal -- Two-dismissal rule -- Under two-dismissal rule, which provides that a notice of voluntary dismissal operates as an adjudication on the merits when served by a plaintiff who has previously dismissed the action, a notice of voluntary dismissal does not operate as an adjudication on the merits when it is preceded by an “agreed order” granting a defense motion to dismiss the case with leave to… [read post]
14 Oct 2013, 3:35 pm
S A FLORIDA INTERNATIONAL, LLC, a foreign limited liability company, d/b/a OEC LATIN AMERICA, Appellee. 3rd District.Civil procedure -- Dismissal -- Failure to prosecute -- Error to grant motion to dismiss for lack of prosecution where movant did not provide required sixty-day notice required by revised rule and neither movant nor trial court recognized three instances of record activity preceding dismissal -- Any filing of record during applicable time frame is sufficient… [read post]
23 Dec 2017, 10:36 am
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]
24 Oct 2016, 6:25 pm
HARRIS, Appellant, v. [read post]
28 Mar 2018, 1:22 pm
Brown 17-887 Issue: Whether the Indiana procedure that allows trial-counsel Strickland v. [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]
8 Mar 2021, 4:17 pm
WAMSER, and FLORIDA AFFORDABLE HOUSING, INC., Appellants, v. [read post]
15 Mar 2023, 5:01 am
The federal rules of appellate procedure say a case is a good candidate for reconsideration if it "involves a question of exceptional importance. [read post]
12 Jan 2016, 10:03 am
Bacon described in the affidavit the prior criminal history of Whitehead (convicted of possession of marijuana with intent to sell and deliver) and Black (charged with cocaine and marijuana offenses in Florida and convicted of first-degree burglary in North Carolina). [read post]
10 Apr 2013, 9:07 am
The State claimed that the Florida Rule o [read post]
9 Oct 2007, 10:49 pm
http://www.oranous.com/innocence/MichaelRivera/replybriefRivera.htm IN THE SUPREME COURT OF FLORIDA CASE NO. 05-1873 MICHAEL RIVERA, Appellant, v. [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]
13 Jan 2023, 2:44 pm
ALFONSO SILVA, Appellee. 1st District.Civil procedure -- Default -- Vacation -- A trial court's failure to make oral or written findings in support of an order vacating a default judgment supports reversal only where the record does not contain any facts to support that decision -- Neither Florida Rule of Civil Procedure 1.540(b), Florida Supreme Court, nor Fourth District Court of Appeal has imposed any requirement that a trial court must make oral… [read post]
Business and criminal law, health care reform, and chicken mole poblano and rosemary mashed potatoes
22 Jun 2012, 1:30 pm
Walton Second Restated and Amended Revocable Trust Agreement dated October 10th, 2007, Appellants, v. [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]
