Search for: "In Re: Amendments To The Florida Rules of Appellate Procedure (Notice)"
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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]
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]
6 Mar 2008, 12:12 pm
It is the Louisiana Code of Judicial Conduct that sets forth the state’s rules and procedures for allowing cameras in to cover judicial proceedings. [read post]
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]
11 Feb 2008, 8:08 am
Pepin, No. 06-1462 "In case where defendant awaits trial on charges eligible for the death penalty, order excluding evidence of post-mortem dismemberment of the victims is vacated as: 1) to the extent that the district court excluded evidence from the guilt phase solely because it was excluded at the penalty phase, it erred as a matter of law; and 2) to the extent that the court relies on Federal Rule of Evidence 403, to exclude all evidence as to post-mortem dismemberment, it was an… [read post]
5 Feb 2008, 8:11 am
Abad, No. 06-0338 Conviction for armed robbery and murder is affirmed based on primary holding that defendant's claim under the Speedy Trial Act, 18 U.S.C. section 3162, is barred by the Act's waiver provision, and not subject to review for plain error under Federal Rule of Criminal Procedure 52(b). [read post]
30 Jan 2008, 7:35 am
Bureau of Prisons, No. 06-9130 I"n a case involving the scope of 28 U.S.C. section 2680, which carves out certain exceptions to the United States' waiver of sovereign immunity for torts committed by federal employees, the Court rules that section 2680's broad phrase "any other law enforcement officer" covers all law enforcement officers, and not just law enforcement officers enforcing customs or excise laws. [read post]
22 Jan 2008, 11:47 am
Spencer, No. 07-40593 "A decision amending a 1995 judgment sentencing defendant for carjacking, resulting in an increase to the amount of restitution owed, is affirmed where: 1) under a reasonable reading of the relevant rules and case law, the district court's amendment amounted to a clerical revision that did not substantively alter defendant's sentence; and 2) thus, the time limitation of Federal Rule of Criminal Procedure 35 was… [read post]
15 Jan 2008, 1:50 pm
Castro, 540 U.S. 375 (2003); and 2) although no notice of the recharacterization would have been required under the rules set out in US v. [read post]
14 Nov 2007, 5:20 am
On August 15, 2007, Plaintiff filed a motion to vacate sentence or stay execution pursuant to Florida Rule of Criminal Procedure 3.851(c)(2) raising two claims: (1) Florida's lethal injection method of execution violated the Eighth and Fourteenth Amendments and corresponding provisions of the Florida Constitution, and (2) newly discovered evidence revealed that Mr. [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]
10 Oct 2007, 10:59 pm
http://www.oranous.com/florida/MarkSchwab/replybriefSchwab.htm[www.oranous.com]IN THE SUPREME COURT OF FLORIDA CASE NO. 80289 MARK DEAN SCHWAB, Appellant, Death Warrant Signed Execution Scheduled for November 15, 2007 at 6:00 p.m. [read post]
4 Sep 2007, 2:47 am
Holloway, No. 05-2229 Conviction for possession of ammunition by a felon is affirmed where the district court correctly denied defendant's motion to suppress since the defendant was not seized for Fourth Amendment purposes until after he fled from officers. [read post]
22 Feb 2007, 9:47 pm
Florida, 05-8820 While Lawrence v. [read post]
23 Jan 2007, 4:02 pm
Most recipients of this "notice" do not even realize that it means that there is a lawsuit against them. [read post]
