Search for: "In Re: Amendments To The Florida Rules of Civil Procedure (Notice)"
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18 Jul 2009, 7:31 am
” Second, Chairman Schapiro provided for more rapid approval of formal orders of investigation authorizing the staff to issue subpoenas by permitting approval within a couple of days pursuant to the SEC’s “seriatim” or “duty officer” procedures. [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]
17 Dec 2008, 7:16 pm
Murphy, No. 06-2292 The text of the Massachusetts SDP statute, as interpreted by state courts, does not on its face violate the due process protections heretofore afforded sexually dangerous persons subject to civil commitment. [read post]
2 Oct 2008, 4:27 am
PROCEDURAL BACKGROUND Dr. [read post]
2 Sep 2008, 5:17 pm
State of Tennessee, No. 06-6208 In civil rights suit alleging that city police discriminated against plaintiffs in violation of the Ame [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
U.S. 5th Circuit Court of Appeals, July 28, 2008 US v. $92,300 in US Currency, No. 06-51033 Summary judgment ordering the forfeiture of currency allegedly found on claimant and in his vehicle is reversed where: 1) the government's evidence supporting its motion consisted of an affidavit containing hearsay evidence; and 2) legislative changes increasing the government's burden in civil forfeiture cases to a preponderance-of-the-evidence standard also required that hearsay no longer… [read post]
25 Jun 2008, 6:15 pm
Bureau of Investigation, No. 07-3511 A defendant's conviction for resisting arrest and assaulting federal officers does not necessarily preclude a civil claim based on the arresting officer's use of excessive force during the arrest. [read post]
20 Jun 2008, 6:17 am
The Florida Supreme Court, in In Re: Amendments To Florida Small Claims Rule 7.090, Case No. [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]
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… [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]
9 Feb 2008, 1:50 pm
A typical news cycle (I think that means about a week, in journalist-lingo) will find people asking me opinions on the first amendment, the fourth and fifth, criminal law, criminal sentencing, civil procedure, torts, defamation, drug use, and drug testing. [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]
