Search for: "In Re Amendments to Florida Rules of Criminal Procedure"
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23 Dec 2017, 10:36 am
Then earlier this year, the Florida Supreme Court in the per curiam ruling of In re: Amendments to the Florida Evidence Code, decided NOT to adopt the Daubert standard – even though the legislature had passed a law enacting it – for two reasons: Concerns regarding the constitutionality of the amendment; Procedural concerns with the law creating a section that isn’t part of the state’s evidence code. [read post]
27 May 2008, 9:50 am
Williams, No. 06-694 A statute criminalizing, in certain specified circumstances, the pandering or solicitation of child pornography is neither overbroad under the First Amendment nor impermissibly vague under the Due Process Clause. [read post]
31 Dec 2015, 1:47 pm
Let us know if you’re willing to take action where you live when it does. [read post]
1 Dec 2008, 9:18 pm
Epps, No. 0860652 In an Eight Amendment challenge to lethal injection as the method of execution for two death-row inmates, rulings that the applicable statute of limitations barred plaintiffs' section 1983 action and grant of summary judgment to defendant are affirmed where: 1) under Wilson v. [read post]
20 Sep 2022, 9:22 am
Florida and the plaintiffs will cross-appeal the 11th Circuit ruling to the Supreme Court in the very near future. [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]
27 May 2014, 7:46 am
According to Kennedy, Florida’s rule violates the Eighth Amendment prohibition on cruel and unusual punishment. [read post]
24 Feb 2011, 5:42 pm
Louisiana; Florida v. [read post]
10 Jun 2008, 2:36 pm
Conley, No. 07-1426 In an interlocutory appeal from a decision finding that a prisoner plaintiff in a suit for damages governed by the Prison Litigation Reform Act is entitled by the Seventh Amendment to a jury trial on any debatable factual issues relating to the defense of failure to exhaust administrative remedies, the ruling is reversed and remanded where: 1) juries decide cases and not issues of judicial traffic control; 2) the court can conduct a hearing on exhaustion and… [read post]
17 Dec 2008, 7:16 pm
One defendant's sentence is remanded for resentencing where the district court committed prejudicial procedural error by calculating his advisory guideline range incorrectly. [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]
6 Feb 2017, 1:25 pm
Part IV identifies the specific amendments to the statute and discusses the positive effects of Senate Bill 378. [read post]
6 Feb 2017, 1:25 pm
Part IV identifies the specific amendments to the statute and discusses the positive effects of Senate Bill 378. [read post]
13 Nov 2020, 12:05 pm
IN RE: GRACE OLAECHEA VS. [read post]
25 Jan 2017, 10:13 pm
Section 381.986, Florida Statutes, is amended to 64 read: 65 381.986 Compassionate use of low-THC and medical cannabis 66 and marijuana. [read post]
30 Jul 2013, 1:45 pm
Today the Fifth Circuit issued its opinion, which is available here: In Re: Application of the United States of America for Historical Cell Site Data. [read post]
25 Jan 2017, 10:13 pm
Section 381.986, Florida Statutes, is amended to 64 read: 65 381.986 Compassionate use of low-THC and medical cannabis 66 and marijuana. [read post]
6 Nov 2009, 5:40 pm
Florida’s First District Court of Appeal has taken that principle to mean that each case must be judged on its own facts, so that a blanket rule is not to be adopted– either for a category of crimes, or a specific group of criminals. [read post]
19 Aug 2020, 10:08 am
Dissolution of marriage -- Alimony -- Modification -- Jurisdiction -- Uniform Interstate Family Support Act -- Trial court had no authority to transfer Florida post-final-judgment dissolution case to foreign state in which both former spouses now reside -- Under UIFSA, Florida court has continuing exclusive jurisdiction over spousal support order throughout the existence of the support obligation -- Correct procedure under UIFSA is to register spousal support judgment in… [read post]
13 May 2008, 1:35 pm
(Amended Opinion) U.S. 2nd Circuit Court of Appeals, May 08, 2008 US v. [read post]
