Search for: "In Re: Amendments to the Florida Evidence Code"
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11 Mar 2008, 8:46 am
US, No. 06-1509 I"n the context of sections of the Internal Revenue Code that set the conditions for treating certain corporate distributions as returns of capital, nontaxable to the recipient, a distributee accused of criminal tax evasion may claim return-of-capital treatment without producing evidence that either he or the corporation intended a return of capital when the distribution occurred. [read post]
30 Aug 2021, 8:55 am
(If you fully understand those six points already, you’re ready to move on. [read post]
14 Oct 2022, 12:30 pm
Police cite them for violating the city's food code despite their protestations that they're fulfilling a religious duty. [read post]
3 Mar 2008, 12:13 pm
Caldwell, No. 06-5640 In a prosecution for drug- and firearm-related offenses, denial of defendant's motions to suppress evidence uncovered during a search of his hotel room, as well as for a mistrial and acquittal, are affirmed over claims that: 1) the search of his hotel room violated his Fourth Amendment rights; 2) several statements made by the government in front of the jury denied him a fair trial; and 3) the evidence did not support the verdict. [read post]
13 Jul 2010, 12:00 am
Code, § 288, subd. [read post]
11 Dec 2020, 11:00 am
By interpreting the Uniform Code of Military Justice to exempt rape prosecutions from any statute of limitations, the court avoided the need to decide whether the cruel and unusual punishments clause of the Eighth Amendment prohibits capital punishment for military rape. [read post]
27 May 2008, 9:50 am
Stephens County, No. 07-10729 In a 42 U.S.C. section 1983 action for allegedly causing or failing to prevent the jailhouse death of plaintiff's son, summary judgment for defendant is affirmed where: 1) denial of leave to amend the complaint to name five of the "John Doe" defendants was proper since the statute of limitations rendered amendment futile; and 2) there was insufficient evidence for a reasonable jury to conclude that sheriff personally caused the… [read post]
30 May 2011, 8:12 pm
Code Ann. [read post]
4 Nov 2013, 3:56 am
Evid. 403. [read post]
31 May 2010, 8:23 am
Code § 2422(b). [read post]
4 Mar 2024, 12:47 pm
The court otherwise affirmed, holding(1) that the Colorado Election Code permitted the respond-ents’ challenge based on Section 3; (2) that Congress neednot pass implementing legislation for disqualifications un-der Section 3 to attach; (3) that the political question doc-trine did not preclude judicial review of former PresidentTrump’s eligibility; (4) that the District Court did not abuseits discretion in admitting into evidence portions of a con-gressional Report on… [read post]
3 Nov 2008, 7:03 pm
Rounds, 530 F.3d 724, 732 (8th Cir. 2008): 1) plaintiff was likely to prove any interest the state has in protecting funeral mourners from unwanted speech was outweighed by the First Amendment right to free speech; [read post]
14 Apr 2008, 11:34 am
Smith, No. 06-3112 In a case addressing the constitutionality of a vehicle impoundment under the Fourth Amendment in circumstances in which there was no standardized policy regarding the impoundment and towing of vehicles, the circuit court rules that the constitutionality of a community caretaking impoundment is judged by directly applying the Fourth Amendment, which protects people against "unreasonable" searches and seizures. [read post]
13 Apr 2012, 12:00 am
The trial court found the evidence sufficient to find Gary guilty, but deferred finding him guilty. [read post]
29 Mar 2018, 7:01 am
This is spring break for many American schoolchildren, meaning that they’re spending the week in exotic destinations, trying local specialties, and enjoying beautiful scenery with their loving parents. [read post]
4 Dec 2015, 6:14 am
As relevant here, “[t]he Fourth Amendment recognizes a valid warrantless entry and search of premises when police obtain the voluntary consent of an occupant who shares, or is reasonably believed to share, authority over the area in common with a co-occupant who later objects to the use of evidence so obtained. [read post]
30 Nov 2021, 1:00 am
We're developing AI that can identify nuances in human communication, why does it appear that they failed so badly to kin [read post]
10 Jun 2008, 2:36 pm
Miller, No. 06-5187 Conviction and sentence for receiving child pornography, possessing the same images of child pornography, and marijuana possession is vacated and remanded for re-sentencing where: 1) although defendant's conviction for receiving child pornography was supported by substantial evidence, double jeopardy barred convictions for both receiving and possessing the same images of child pornography; and 2) defendant's testimony regarding his collection of adult… [read post]
Fed. Dist. Court in FL Explains “Similarly Situated” Comparator Under RLUIPA’s Equal Terms Provision
11 Dec 2014, 5:38 pm
On September 15, 2014, two days before trial began, the City amended the zoning code to reclassify parks, playgrounds, and recreational facilities as conditional uses. [read post]
Fed. Dist. Court in FL Explains “Similarly Situated” Comparator Under RLUIPA’s Equal Terms Provision
11 Dec 2014, 5:38 pm
On September 15, 2014, two days before trial began, the City amended the zoning code to reclassify parks, playgrounds, and recreational facilities as conditional uses. [read post]
