Search for: "In Re: Amendments To The Florida Rules of Appellate Procedure (Notice)"
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26 Jan 2010, 1:26 pm
Hall, No. 09–5731 In a capital habeas matter, the petition for certiorari is granted and the court of appeals' order is vacated and remanded where the court of appeals incorrectly held that the habeas petition, which claimed that petitioner was denied discovery into the issue of whether there had been improper communications between the judge and jury, was procedurally barred based on an insufficient record, contrary to Cone v. [read post]
17 Jan 2010, 6:28 pm
The specific question was whether courts evaluate both procedural and substantive unconscionability simultaneously in a balancing or sliding scale approach, or whether courts consider either procedural or substantive unconscionability independently and conclude their analysis if either one is lacking.In re Ginn-La St. [read post]
18 Nov 2009, 8:38 pm
Capping a rule-making odyssey that began in 2005, the Florida Supreme Court adopted rules on November 12, 2009, intended to expedite appellate review in dependency and parental termination cases.1 The Court’s opinion amends three bodies of rules: The Florida Rules of Judicial Administration, the Florida Rules of Juvenile Procedure, and the Florida Rules of Appellate… [read post]
29 Oct 2009, 5:58 am
The clarified standard for rule 12(b)(6) motions adopted here will apply to any amended complaint that the plaintiffs may file.Iannacchino v. [read post]
24 Mar 2009, 1:24 am
The Florida Supreme Court released the following court rule opinions:Opinions Released Mar. 19, 2009SC08_1612 - In re: Amendments to the Florida Rules of Juvenile ProcedureSC08_2176 - In re: Approval of Application for Determination of Indigent Status Form For Use By Clerks and Amendment to Florida Rule of Criminal Procedure 3.984Opinions Released Mar. 5, 2009OP_SC08_1488 - In Re: Standard… [read post]
9 Feb 2009, 1:18 am
"Rule 3.851, Commentary re: 1993 Adoption. [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]
1 Dec 2008, 11:45 am
JURISDICTION Article V, Section 3(b)(1) and (7) of the Florida Constitution gives this Court exclusive appellate jurisdiction over all capital cases and the ability to issue "all writs necessary to the complete exercise of its jurisdiction. [read post]
20 Oct 2008, 6:46 pm
P. 16 to grant adequate remedies for alleged discovery violations by the government; 5) the government failed to provide timely notice under Fed. [read post]
14 Oct 2008, 3:20 pm
Mejia, No. 052856, 056683, 061744 Convictions for conspiracy to commit assaults with a dangerous weapon in aid of racketeering activity, assault with a dangerous weapon in aid of racketeering activity, and discharge of a firearm during a crime of violence are vacated where: 1) the testimony of the Government expert witness violated the Federal Rules of Evidence and the Confrontation Clause of the Sixth Amendment; and 2) that error was not harmless. [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]
28 Aug 2008, 2:15 pm
Lipscomb, No. 07-1293 "Conviction for possession with intent to distribute cocaine, possession of a gun in furtherance of a drug trafficking crime, and possession of a gun as a convicted felon is affirmed where: 1) defendant actively disowned any interest in any of the items seized thus he lack the expectation of privacy required to challenge the seizure of the crack cocaine and gun; 2) defendant failed to timely appeal magistrate judge's ruling regarding court's decision to… [read post]
4 Aug 2008, 7:06 pm
Aviles-Colon, No. 05-1384, 05-2039, 05-2040 Conviction for conspiracy to distribute heroin, cocaine, and marijuana at three drug points in Puerto Rico in violation of 21 U.S.C. sections 841(a) and 846 and for possession of firearms, is affirmed for two appellants and vacated for the third appellant where: 1) with respect to the two appellants there is no reversible error; and 2) with respect to the third appellant, the government failed to disclose exculpatory… [read post]
27 Jun 2008, 3:36 am
In re Schwab, 506 F.3d1369 (11th Cir. 2007). [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]
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]
14 Apr 2008, 11:34 am
Lopez-Matias, No. 07-1662 An order striking a Notice of Intent to Sentence of Death is vacated where: 1) the U.S. [read post]
8 Apr 2008, 9:47 am
Page, No. 06-3800 A conviction for conspiracy to import cocaine and marijuana is affirmed over a claim that the district court violated Federal Rule of Criminal Procedure 11(b)(1)(G) by not informing defendant of, and making sure he understood, the nature of the charge to which he pled guilty. . [read post]
