Search for: "State of Florida v. Banks"
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16 Oct 2008, 12:41 am
As I noted in a prior post (here), the Ninth Circuit recently upheld the decision of the district court in the Luther v. [read post]
14 Oct 2008, 3:20 pm
Matthews , No. 070699 Conviction and sentence for conspiracy to commit bank robbery and bank robbery are affirmed where: 1) shifting the burden to the defendant under section 3559(c)(3)(A) was constitutional; 2) because defendant did not prove by a preponderance of the evidence that his felonies were not serious, court refrained from addressing the constitutionality of the clear-and-convincing standard; 3) defendant's Apprendi claim is foreclosed by our case law; and 4) the… [read post]
23 Sep 2008, 10:16 pm
Alexander In a conviction for sale of controlled substance in or near school grounds, denial of writ of habeas corpus is affirmed over claims that the state courts unreasonably applied Batson v. [read post]
18 Sep 2008, 8:56 pm
Florida (1996), the Secretary of the Interior may establish procedures for Indian gaming if a state declines to enter a compact with the Tribe and invokes immunity from suit under the Eleventh Amendment. [read post]
15 Sep 2008, 8:29 pm
Torres, No. 072331 Sentence of 188 to 235 months for possession of crack cocaine with intent to distribute is affirmed where: 1) the court did not abuse its discretion in counting both the state drug offense and the state gun offense as contributing to defendant's status as a career offender; 2) the district court was correct in finding the state gun conviction to be a "crime of violence" for career-offender purposes; and 3) district court was compelled to… [read post]
9 Sep 2008, 2:25 pm
Horn, No. 03-9010, 03-9011 In a capital-murder case, petition for a writ of habeas corpus is granted where: 1) the time period for filing the petition was tolled during state-court proceedings, and the federal petition was therefore timely; 2) the state fugitive-forfeiture rule did not apply to procedurally default the petition; 3) the jury instructions and verdict sheet that were used during the penalty phase of petitioner's trial denied him due process of law pursuant to… [read post]
9 Sep 2008, 5:00 am
Some of our students will go on to be national leaders; a much larger number will play key roles in the State of Florida, as judges, politicians, and leading members of the bar. [read post]
4 Sep 2008, 9:55 pm
In a few states -- Michigan, Texas, Florida, New York, Massachusetts, Oregon and Arizona -- state governments and RIAA defendants have challenged the qualifications of the private company that develops the music industry's cases. [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
Mitchell, No. 02-3505 Denial of a petition for habeas relief in a death penalty case is reversed where: 1) a state court applied the Strickland standard in an objectively unreasonable manner for purposes of claims that petitioner's counsel were ineffective in preparing for the sentencing phase of his trial; 2) the state court unreasonably determined that the alleged errors of trial counsel did not prejudice petitioner's case; and 3) a state court erroneously… [read post]
27 Aug 2008, 6:01 am
So stringent were the state’s restrictions that no state banks were chartered until the legislature itself chartered one in 1855. [read post]
22 Aug 2008, 7:47 pm
Here is the heart of the matter according to a recent court decision out of Florida: In the recent case of Capital One Bank USA, NA v Gregorich, one court in Florida has hit the nail on the head by saying that the statute of limitations is governed by the Cardmember Agreement between the consumer and the credit card company. [read post]
21 Aug 2008, 11:25 am
INDICTMENT/WIRE FRAUD/BRADYUnited States v. [read post]
19 Aug 2008, 3:38 pm
In United States v. [read post]
18 Aug 2008, 8:00 pm
In Raymond Edwards, II v. [read post]
15 Aug 2008, 10:41 pm
LaCalle v. [read post]
5 Aug 2008, 5:12 pm
(Chames v. [read post]
4 Aug 2008, 7:06 pm
Kaylo, No. 07-30024 Denial of a habeas corpus petition alleging that state prosecutors had committed Brady violations is reversed where the prosecution had withheld material impeachment evidence during defendant's manslaughter trial. [read post]
25 Jul 2008, 5:59 pm
Three case studies are presented, including the restoration of the Everglades wetland ecosystem (as considered by the United States Supreme Court in 2004 in South Florida Water Management District v. [read post]
