Search for: "Amendments to Florida Rules of Criminal Procedure & Florida Rules of Appellate Procedure"
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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]
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]
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]
30 Jun 2022, 7:36 am
Whatever the procedure, it seems inevitable that at some point it will be lifted – or deemed a dead letter – and the statutory regime will be the law of the land, unless and until the statutes are amended. [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]
2 Mar 2015, 10:40 am
Because the court did not explicitly balance the interests of the parties as required by the Federal Criminal Procedure Rule 32.1, the parole revocation was reversed. 8. [read post]
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]
13 Nov 2008, 3:45 pm
(Amended opinion) U.S. 3rd Circuit Court of Appeals, November 07, 2008 Urcinoli v. [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]
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]
24 Feb 2011, 7:41 am
Intentional Acts: HERPES INFECTION NOT AN 'ACCIDENT,' NEW JERSEY APPEALS COURT RULES, D.V. v. [read post]
16 Feb 2015, 5:45 am
Although the court’s ruling is supportable, consider the ruling in Florida v. [read post]
1 Dec 2008, 11:45 am
Contemporary Eighth Amendment jurisprudence upholds the authority of the courts to review a state legislature's decision generally, and specifically to review a legislature's enactments regarding criminal punishment. [read post]
1 Feb 2016, 5:47 pm
RVS CAPITAL, LLC, a Florida limited liability company, RIO VISTA SALOON, LLC, a Florida limited liability company, and DAVID ZWICK, Appellees. 4th District. [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]
30 Oct 2007, 1:37 am
8) a defendant's Fifth Amendment protections were violated; and 9) a decision to increase a sentence by two levels for an abuse of trust was error. [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]
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]
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]
24 Feb 2012, 12:40 pm
Photo: Mr Mo-Fo/Flickr Forcing a criminal suspect to decrypt hard drives so their contents can be used by prosecutors is a breach of the Fifth Amendment right against compelled self-incrimination, a federal appeals court ruled Thursday. [read post]
