Search for: "In Re: Amendments to the Florida Rules of Criminal Procedure"
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17 Dec 2008, 7:16 pm
One defendant's sentence is remanded for resentencing where the district court committed prejudicial procedural error by calculating his advisory guideline range incorrectly. [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]
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]
6 Feb 2017, 1:25 pm
Part IV identifies the specific amendments to the statute and discusses the positive effects of Senate Bill 378. [read post]
6 Feb 2017, 1:25 pm
Part IV identifies the specific amendments to the statute and discusses the positive effects of Senate Bill 378. [read post]
13 Nov 2020, 12:05 pm
IN RE: GRACE OLAECHEA VS. [read post]
13 May 2008, 1:35 pm
(Amended Opinion) U.S. 2nd Circuit Court of Appeals, May 08, 2008 US v. [read post]
6 Nov 2009, 5:40 pm
Florida’s First District Court of Appeal has taken that principle to mean that each case must be judged on its own facts, so that a blanket rule is not to be adopted– either for a category of crimes, or a specific group of criminals. [read post]
19 Aug 2020, 10:08 am
Dissolution of marriage -- Alimony -- Modification -- Jurisdiction -- Uniform Interstate Family Support Act -- Trial court had no authority to transfer Florida post-final-judgment dissolution case to foreign state in which both former spouses now reside -- Under UIFSA, Florida court has continuing exclusive jurisdiction over spousal support order throughout the existence of the support obligation -- Correct procedure under UIFSA is to register spousal support judgment in… [read post]
26 Jan 2010, 1:26 pm
Martinez-Melgar, No. 08-4569 Sentence on a defendant convicted of drug trafficking and firearm possession is vacated and remanded for resentencing as the district court clearly erred in concluding, on the basis of the record, that defendant's admission of guilt occurred in a judicial proceeding in open court, and as such, certain criminal history points should not have been assessed. [read post]
26 Jan 2010, 1:26 pm
No. 5, No. 09-1936 In plaintiff's action against a county school district under Title IX of the Education Amendments of 1972, 20 U.S.C. section 1681(a), alleging that defendants knew that an elementary school teacher sexually harassed students at another county but allowed him to ob [read post]
9 Feb 2009, 1:18 am
"Rule 3.851, Commentary re: 1993 Adoption. [read post]
29 Jan 2009, 4:42 pm
See Wernick, In Accordance with a Public Outcry: Zoning Out Sex Offenders Through Residence Restrictions in Florida, 58 Fla. [read post]
24 Feb 2011, 7:41 am
Oregon Healthcare Res., 6 No. 18 Westlaw Journal Medical Malpractice 1, Westlaw Journal Medical Malpractice February 11, 2011An Oregon couple who conceived a child after being told that the husband's vasectomy was successful are seeking more than $675,000 in child-rearing expenses from the doctor who allegedly botched the procedure. [read post]
8 Jan 2010, 2:39 am
Rule 41 of the Federal Rules of Criminal Procedure requires that the search ... [read post]
17 Nov 2008, 6:39 pm
(Substituted opinion) U.S. 9th Circuit Court of Appeals, November 13, 2008 In re: Gallaher, No. 07-74593 In a criminal appeal arising from a district court's refusal to accept a conditional guilty plea, a petition for writ of mandamus challenging the refusal is denied but the matter is remanded for reassignment to a new judge to reconsider the conditional plea where: 1) under Fed. [read post]
10 Oct 2007, 10:59 pm
The effect of doing so was to rule that an Eighth Amendment challenge to lethal injection could never prevail, because it would either challenge particular matters which were wholly left to the DOC or it would be a per se challenge to lethal injection as a method of execution, both of which, in the court=s view, were ruled out by Sims. [read post]
10 Apr 2013, 9:07 am
The State claimed that the Florida Rule o [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]
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]
