Search for: "Hernandez v. State of Florida*"
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29 Jul 2019, 7:34 pm
The applicable statute of limitations, borrowed from state law, was four years. [read post]
15 Aug 2019, 10:36 am
In Jones, the court stated: Neither Mr. [read post]
31 Jan 2017, 12:14 pm
” United States v. [read post]
9 Dec 2008, 7:16 pm
Some academic critics of Roe v. [read post]
15 Jul 2009, 9:42 am
USA v. [read post]
17 Dec 2008, 7:16 pm
Guida, No. 05-6105 In death penalty habeas proceedings in a case in which petitioner effectuated a murder-for-hire against her husband, denial of habeas relief is affirmed where: 1) state courts reasonably applied Strickland by concluding that petitioner sabotaged her own defense, as counsel's performance is not deficient when counsel follows a client's instructions; 2) state courts reasonably applied Brady because even if certain letters were favorable evidence, and were… [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]
16 Mar 2018, 8:28 pm
Hernandez, 540 U.S. 44, 49 (2003) (citing McDonnell Douglas Corp. v. [read post]
18 Nov 2023, 7:49 pm
In a 2021 Miami-Dade County Circuit Court decision, Hernandez v. [read post]
7 Feb 2008, 10:46 am
The leading case is Kemp v. [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]
11 Aug 2011, 1:09 pm
You betcha.In state after state, whether product liability is common-law or statutory, and whether it’s based on the Second or Third Restatement, courts have refused to allow plaintiffs to make claims asserting that legal products should not have been sold at all. [read post]
14 Dec 2016, 6:27 am
Consider Shavolian v. [read post]
8 Feb 2023, 5:16 am
” The facts of Irvin v. [read post]
24 Oct 2010, 9:05 pm
“ Rodrigo Hernandez v. [read post]
30 Jan 2008, 7:35 am
However, denial of one petition is reversed where the state court's lack of notification and petitioner's prompt filing after receiving a response to his inquiry to the state court justified tolling. [read post]
18 May 2007, 1:17 am
Attorney Alex V. [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]
15 Aug 2017, 11:49 am
Additional Resources: David v. [read post]
16 Aug 2017, 9:28 am
Additional Resources: David v. [read post]
