Search for: "Amendment to the Florida Rules of Appellate Procedure"
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23 Sep 2008, 10:16 pm
State of Florida In a capital-murder case, denial of motion for postconviction relief is affirmed over claims of error regarding: 1) ineffective assistance of counsel during the penalty phase of petitioner's trial; 2) summary denial of claims of ineffective assistance during the guilt phase; 3) the constitutionality of rules limiting the subjects about which counsel may interview jurors; and 4) the constitutionality of Florida's lethal-injection protocol. … [read post]
30 Jun 2008, 2:13 pm
Although we acknowledge that payment of the examining committee's fees should not be contingent on the outcome of the competency determination, we agree with appellant that the procedural statute for determining incapacity does not make the potential ward responsible for examining committee fees where the guardianship petition is dismissed or denied. [read post]
12 Jan 2016, 10:03 am
Carter, 322 N.C. 709 (1988), which rejected under the state constitution the Fourth Amendment’s good-faith exception to the exclusionary rule, should be reconsidered to allow the Allman search warrant to be upheld under this exception. [read post]
16 Feb 2015, 4:24 pm
BAKER, Appellant, v. [read post]
22 Mar 2024, 4:00 am
Rules of Civil Procedure. [read post]
18 Apr 2012, 10:34 am
In a much-needed victory for voter identification laws, a famously liberal federal appellate court has upheld a state measure requiring citizens to show a photo ID before casting a ballot in an election. [read post]
24 Feb 2015, 2:54 pm
The Miranda warning is part of a preventive criminal procedure rule that law enforcement are required to administer to protect an individual who is in custody and subject to direct questioning or its functional equivalent from a violation of his or her Fifth Amendment right against compelled self-incrimination. [read post]
25 Sep 2012, 7:30 am
The defendant then filed a motion to dismiss under Rule 12(b)(6) of the Federal Rules of Civil Procedure. [read post]
25 Sep 2012, 7:30 am
The defendant then filed a motion to dismiss under Rule 12(b)(6) of the Federal Rules of Civil Procedure. [read post]
12 Jan 2016, 10:03 am
Carter, 322 N.C. 709 (1988), which rejected under the state constitution the Fourth Amendment’s good-faith exception to the exclusionary rule, should be reconsidered to allow the Allman search warrant to be upheld under this exception. [read post]
24 Feb 2012, 12:40 pm
The court did not address the 5th Amendment arguments and instead said the case was not procedurally ripe for appeal. [read post]
24 Apr 2022, 9:16 am
The appellate court put the jurisdiction question on hold to await the Texas Supreme Court ruling. [read post]
8 Aug 2016, 9:38 am
State Supreme Court Rules in Favor of Medical Malpractice Plaintiff’s Attempt to Extend Statute of Limitations, South Florida Personal Injury Lawyers Blog, published July 15, 2016. [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]
22 Sep 2009, 2:38 am
REVISING THE RULES Another strategy under debate is to seek changes in the Federal Rules of Civil Procedure regarding pleadings (Rule 8) and dismissals (Rule 12). [read post]
21 Sep 2016, 5:28 pm
Bird, an interesting and important Internet law/civil procedure case. [read post]
17 Jan 2024, 6:51 am
Accordingly, the judge should not consider potential procedural or staffing impacts from other judges’ anticipated disqualification unless applicable law, rules, or administrative orders permit the judge to do so. [read post]
2 Jan 2017, 2:23 pm
More Blog Posts: Rejection of Plaintiff’s Slip-and-Fall Case Affirmed by Appellate Court on Review, South Florida Personal Injury Lawyers Blog, published December 28, 2016. [read post]
27 Aug 2010, 12:13 am
The Court first examined commonality: Federal Rule of Civil Procedure 23(a)(2) provides that “questions of law or fact common to the class” are a prerequisite to class certification. [read post]
25 Jan 2022, 2:44 pm
Dataset begins with 1988 amendments to Supreme Court’s jurisdiction. [read post]
