Search for: "In Re Florida Rules of Criminal Procedure"
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31 Dec 2015, 1:47 pm
Let us know if you’re willing to take action where you live when it does. [read post]
10 Nov 2009, 7:24 pm
He also noted that many states have eliminated parole in their criminal justice systems. [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
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]
21 Jun 2015, 9:01 pm
Florida, like the District of Columbia, has adopted Model Rule 8.4, in its F.S.A. [read post]
5 Mar 2012, 2:46 am
Were the rules followed? [read post]
1 Dec 2008, 9:18 pm
Epps, No. 0860652 In an Eight Amendment challenge to lethal injection as the method of execution for two death-row inmates, rulings that the applicable statute of limitations barred plaintiffs' section 1983 action and grant of summary judgment to defendant are affirmed where: 1) under Wilson v. [read post]
2 Sep 2008, 5:17 pm
Hernandez, No. 07-1828 In a matter of first impression concerning the application of section 4A1.1(d) of the federal sentencing guideline, sentence for conspiracy to distribute heroin is affirmed where: 1) defendant "committed the instant offense while under a[] criminal justice sentence"; and 2) the district court appropriately elevated his criminal history score by two points on that account. [read post]
19 Jul 2022, 1:22 pm
It is regulated in chapter 58 of the Swedish Procedural Code (Rättegångsbalken [RB] SFS 1942:740). [read post]
8 Jan 2010, 2:39 am
Rule 41 of the Federal Rules of Criminal Procedure requires that the search ... [read post]
23 Dec 2017, 10:36 am
Then earlier this year, the Florida Supreme Court in the per curiam ruling of In re: Amendments to the Florida Evidence Code, decided NOT to adopt the Daubert standard – even though the legislature had passed a law enacting it – for two reasons: Concerns regarding the constitutionality of the amendment; Procedural concerns with the law creating a section that isn’t part of the state’s evidence code. [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]
11 Oct 2007, 11:17 pm
Now the prosecution always gets the last word, and they still can't figure out why they are losing cases.Anyway, the First District held that while the Legislature has the power to repeal a rule of criminal procedure, it does not have the power to enact a rule of criminal procedure. [read post]
7 Jan 2010, 2:26 am
It is an established rule that the rules of criminal procedure can be changed ... [read post]
23 Jul 2007, 8:16 am
The point is that we're concerned only with (ii) because in (i) the government has absolutely no justification for hanging on to your property.Basically, as I explained in that earlier post, you file what in the federal system is called a "Rule 41(g) motion," because you file the motion under Rule 41(g) of the Federal Rules of Criminal Procedure. [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]
14 Apr 2008, 11:34 am
Attorneys' Manual cannot create substantive rights for the defendants; and 2) the district court abused its discretion when it failed to consider or allude to any prejudice caused by the government's failure to abide by District of Puerto Rico Local Rule 144.2(b). [read post]
3 Jun 2024, 3:51 pm
Introduction Understanding DUI (Driving Under the Influence) laws is crucial, especially in Florida, where the rules can be strict and the consequences severe. [read post]
9 Feb 2009, 1:18 am
"Rule 3.851, Commentary re: 1993 Adoption. [read post]
8 Mar 2010, 2:01 am
If we're talking just plain crime novelists (really espionage with this first one, but what the hell) try any of Alan Furst's novels. ...Scene of the Crime - http://jsydneyjones.wordpress.com/ Few criminal cases make it to a jury trial in Highlands CountyAccording to the Florida Rules of Criminal Procedure Rule 3.171, "Ultimate responsibility for sentence determination rests with the trial judge. [read post]
