Search for: "Amendments to the Florida Rules of Criminal Procedure"
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12 Aug 2012, 1:36 pm
The amendments appear to be modeled on the e-discovery provisions in the Federal Rules of Civil Procedure. [read post]
9 Oct 2014, 7:26 pm
At circuit court, Plank was charged with direct criminal contempt, pursuant to Rule 3.830, Florida Rules of Criminal Procedure, for being drunk while appearing for jury selection. [read post]
31 Oct 2015, 7:48 am
The New Procedures for the No Contract Provision in Tampa Under the other provisions of 903.047, the court must impose a Standard No Contact Order in all criminal cases involving a victim. [read post]
7 Nov 2006, 10:12 pm
This is the dynamic we're all used to: the operation of the Fourth Amendment's exclusionary rule.There is another, less well-known dynamic, one that arises under Rule 41(g) of the Federal Rules of Criminal Procedure. [read post]
24 Oct 2012, 7:48 am
________________________________/DEFENDANT'S MOTION TO SUPPRESSDefendant, YC, by and through his undersigned counsel moves this Honorable Court pursuant to Florida Rule of Criminal Procedure 3.190(i), the Fourth and Fourteenth Amendments of the United States Constitution and Article I See 12 of the Florida Constitution for the entry of an order suppressing evidence that was derived from a seizure and in support thereof submits as follows:… [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]
3 May 2009, 10:14 pm
U.S., 517 U.S. 416 (1996), Justice Souter disagreed with the majority opinion that a district court possesses inherent authority to grant a motion for a judgment of acquittal, observing that Congress might possess the power to abrogate courts’ inherent authority legislatively, citing Federal Rule of Criminal Procedure 29(c). [read post]
9 Jan 2018, 11:04 am
Evidence that is not properly obtained in compliance with the Fourth Amendment of the United States Constitution and the Florida Rules of Criminal Procedure then that evidence cannot be admitted. [read post]
27 Sep 2022, 12:18 pm
Florida, 457 U.S. 31, 38-44 (1982). [read post]
6 Apr 2011, 7:05 am
HJR 7025, a constitutional amendment that repeals the Supreme Court’s power, and that of any court, to adopt rules for the practice and procedure. [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]
18 Sep 2018, 1:06 pm
“Double jeopardy,” “excessive fines” and the death penalty After the first year of law school, most law students have to take criminal procedure, affectionately shortened to “Crim Pro. [read post]
24 Nov 2014, 3:03 pm
Labor relations -- Fair Labor Standards Act -- Overtime -- Former employees of Florida construction contractor brought suit claiming contractor failed to pay wages, including overtime, that they were entitled to receive under FLSA -- Jurisdiction -- District court had subject matter jurisdiction where face of complaint alleged federal claim for unpaid, overtime hours -- Statement of claim that plaintiffs filed under the local practices did not amend that jurisdictional basis out of… [read post]
16 Jan 2017, 7:38 am
Constitution, and Rule 3.190(h) and (i) of Florida’s Rules of Criminal Procedure, we would ask the Court to suppress any and all tangible evidence, specifically, blood testing results, and any other evidence obtained in this case; obtained from the illegal blood draw. [read post]
23 Feb 2017, 1:09 pm
Courts of Appeals for the 2nd, 4th, 7th and 10th Circuits have concluded, or whether Federal Rule of Appellate Procedure 4(a)(5)(C) is instead a nonjurisdictional claim-processing rule because it is not derived from a statute, as the U.S. [read post]
6 Apr 2023, 7:02 am
” However, it is unclear if the ruling applies. [read post]
6 Jan 2012, 12:25 pm
Additionally, nothing in Florida Rule of Criminal Procedure 3.810 would allow for this type of sentencing scheme.Regardless, the written order varies from the oral pronouncement. [read post]
24 Feb 2015, 2:54 pm
The Miranda warning is part of a preventive criminal procedure rule that law enforcement are required to administer to protect an individual who is in custody and subject to direct questioning or its functional equivalent from a violation of his or her Fifth Amendment right against compelled self-incrimination. [read post]
16 Oct 2007, 4:44 am
Perhaps there is a legal explanation.At 945 So.2d 16( Fla. 2007) (Blog note- this maybe the very first time in over 700 posts we have actually published a cite) The Florida Supreme Court on April 5, 2007 issued an emergency amendment to the rules of Judicial Administration requiring that before a non-criminal record is sealed, the following procedures are followed:1. [read post]
23 Sep 2008, 10:16 pm
Source: Pace and Schmidt For personal use only -- Not for Commercial Distribution: -------------------------------------------------------------------------------- Criminal Law & Procedure [09/23] US v. [read post]
