Search for: "In Re: Amendments to The Florida Rules of Judicial Administration; The Florida Rules of Criminal Procedure; and The Florida Rules Of Appellate Procedure Capital Postconviction Rules"
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19 Jul 2008, 12:19 pm
ON APPEAL FROM THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT FOR LAKE COUNTY, STATE OF FLORIDA INITIAL BRIEF OF APPELLANT Mark S. [read post]
27 Jun 2008, 3:36 am
claims for relief unless Athe motion, files, and records in the case conclusively show that the movant is entitled to no relief.@ Florida Rule of Criminal Procedure 3.851(f)(5)(B) applies the same standard to successive postconviction motions in capital cases. [read post]
10 Oct 2007, 10:59 pm
ON APPEAL FROM THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT FOR BREVARD COUNTY, STATE OF FLORIDA ___________________________________ REPLY BRIEF OF APPELLANT __________________________________ MARK S. [read post]
2 Sep 2008, 5:17 pm
Leveto, No. 05-4753 Conviction for federal income tax fraud is affirmed where: 1) defendant had knowingly and voluntarily waived his Sixth Amendment right to counsel and, once properly waived, this right is no longer absolute; and 2) there was no reversible error in several rulings regarding a warrant and summons. [read post]
30 Jan 2008, 7:35 am
Quarterman, No. 03-20401 "Denial of a petition for a writ of habeas corpus in a capital murder case is affirmed over claims of error regarding whether: 1) trial counsel provided ineffective representation; and 2) jury instructions given at the sentencing phase of his trial violated his constitutional rights pursuant to Penry v. [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… [read post]
