Search for: "In re: Amendments to the Florida Evidence Code"
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30 Jan 2008, 7:35 am
Cain, No. 07-30021 'Dismissal of a 28 U.S.C. section 2254 petition brought by a petitioner convicted of cocaine possession and sentenced to forty years in prison as a third-time felony offender is affirmed over claims of error regarding: 1) whether a state court's determination that there was a valid waiver of counsel as to one of petitioner's predicate offenses was unreasonable in light of the evidence presented in the state court proceeding, and, if so, whether petitioner… [read post]
1 Dec 2008, 9:18 pm
Marek, No. 072437 Conviction for corruptly endeavoring to obstruct or impede the due administration of the Internal Revenue Code is affirmed where: 1) the inference that defendant knew about the audit was supported by the record; and 2) viewed in the light most favorable to the government, defendant's conviction was supported by sufficient evidence to support a finding that defendant was guilty of the offense. . [read post]
4 Mar 2019, 8:02 pm
The second was the vulnerability of the Cuban state at the beginning of its 2030 Economic Plan which relies on quite well managed foreign investment and a cautious effort to re-enter global financial and commercial markets. [read post]
26 Jan 2010, 1:21 pm
State of Florida, No. [read post]
14 Nov 2013, 1:04 pm
Fontham.Fontham, Michael R.Boulder, CO : National Institute for Trial Advocacy, (c) 2013.KF8915 .F64 2013 Evidence Lights, camera, evidence! [read post]
4 Nov 2022, 12:30 pm
A Fourth Amendment violation? [read post]
23 Jan 2010, 10:30 am
Parol evidence was allowed, and the association’s secretary recalled the adjournment and re-notice. [read post]
22 Jan 2008, 11:47 am
Peters, No. 05-6101 "A sentence imposed on remand for offenses arising out of a tax fraud scheme is reversed and remanded for re-sentencing where the district court's failure to address defendant's "time-served" argument did not satisfy the "procedural reasonableness" requirement required by Supreme Court precedent. [read post]
8 Apr 2008, 9:47 am
Moore, No. 07-3434 Denial of an application for habeas corpus from a conviction and sentence for gross sexual imposition and rape is affirmed where petitioner's Fifth Amendment guarantee against double jeopardy was not violated because the requisite high degree of necessity existed for a mistrial. [read post]
22 Sep 2023, 12:30 pm
Ninth Amendment alert! [read post]
1 Aug 2012, 8:29 am
See In re Estate of Parker (Parker II), 382 So.2d 652 (Fla.1980). [read post]
21 Jul 2023, 12:58 pm
You're not competent to waive counsel. [read post]
25 Jun 2008, 6:15 pm
McCann, No. 06-3257 Denial of a habeas corpus petition from a sentence to life imprisonment for murder is affirmed over claims of error regarding whether: 1) Apprendi principles were violated because there was no jury determination establishing the facts necessary to impose an enhanced sentence; 2) defendant never waived his right to a jury trial as to his sentence; 3) double jeopardy barred another sentencing trial so he should be re-sentenced to the maximum term of up to forty years; and… [read post]
24 Jul 2023, 8:11 am
With the dismissal in hand, the case closed, and a life restored, as well as her lawful Second Amendment rights intact, our client’s relief was palpable. [read post]
15 Jan 2008, 1:50 pm
Dupes, No. 05-5522 Sentence based on guilty plea to securities fraud and conspiracy to commit securities fraud is affirmed over defendant's claims that: 1) the imposition of special conditions of supervised release relating to his prior sex offenses exceeded the district court's statutory authority and violated the Double Jeopardy Clause and the Tenth Amendment; and 2) order to make full restitution to his victims in an amount determined by the court under the Mandatory Victim… [read post]
16 Nov 2015, 7:25 am
Florida 200 U.S. 321 (2011) (In determining a categorical rule as it relates to the Eighth Amendment the court looks to 1) societal standards 2) history and precedent of Eighth Amendment jurisprudence. [read post]
6 Jul 2011, 8:50 am
” In re Tyrone Noling, 2011 U.S. [read post]
5 Aug 2022, 12:30 pm
If you're arrested in Cullman C [read post]
5 Feb 2008, 8:11 am
Defendant's California conviction for grand theft from a person in violation of section 487(2) of the California Penal Code was a "violent felony" as defined in 18 U.S.C. section 924(e)(2)(B)(ii). [read post]
17 Dec 2008, 7:16 pm
Washington, No. 07-1523, 07-1884, 07-2541 Federal district courts lack the inherent power to vacate a sentence procured by fraud, any such power having been abrogated by the enactment of 18 U.S.C. section 3582(c) and the amendments to FRCP 35. [read post]
