Search for: "In Re Amendments to Florida Rules of Criminal Procedure"
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6 Nov 2013, 9:34 am
STATE OF FLORIDA, Appellee. 5th District.Criminal law -- Habeas corpus -- Malice murder -- District court properly denied relief on claim that state trial court's jury instructions on venue, an essential element of crime charged, improperly shifted burden of proof to petitioner and claim that state trial court's 25-year delay in resolving petitioner's motion for new trial violated his due process rights under Fourteenth Amendment -- Venue is essential element of Georgia offense of… [read post]
21 Nov 2010, 5:10 pm
Supreme Court of Florida.Rules of Juvenile Procedure -- Amendment -- Detention hearing -- Presence of counselIN RE: AMENDMENTS TO FLORIDA RULE OF JUVENILE PROCEDURE 8.010. [read post]
15 Aug 2022, 10:21 am
But that procedure applies only “to cases in which a person already has been charged by criminal complaint, criminal information, or indictment. [read post]
9 Nov 2009, 9:07 am
"They're just two different kinds of death sentences," he contends. [read post]
24 Oct 2016, 6:25 pm
THADIUS DEMENTRIEL CRAWFORD, Appellee. 1st District.Civil procedure -- Proposal of settlement -- Attorney's fees -- An offer of settlement is not invalid for failing to state, as required under Rule of Civil Procedure 1.442(c)(2)(F), whether the proposal includes attorney's fees and whether attorney's fees are part of the legal claim, where attorney's fees are not sought in the pleadingsSUSANNE L. [read post]
2 Jan 2012, 7:59 pm
Florida, 458 U.S. 782, 789-793 (1982); Tison v. [read post]
14 Oct 2008, 3:20 pm
Mejia, No. 052856, 056683, 061744 Convictions for conspiracy to commit assaults with a dangerous weapon in aid of racketeering activity, assault with a dangerous weapon in aid of racketeering activity, and discharge of a firearm during a crime of violence are vacated where: 1) the testimony of the Government expert witness violated the Federal Rules of Evidence and the Confrontation Clause of the Sixth Amendment; and 2) that error was not harmless. [read post]
30 Jan 2008, 7:35 am
McCoy, No. 06-4850 "Grant of a motion to suppress evidence seized after the detention and search of the defendant in a grocery store parking lot is reversed and remanded where the searching officer possessed a reasonable, articulable suspicion that defendant was engaged in serious criminality when the officer stopped and frisked him. [read post]
21 Jul 2008, 10:53 pm
Ed. 2d 574 (U.S. 2005) (applying Iowa law), the court of appeals held that an Iowa statute that prohibited persons who had committed a criminal sex offense against a minor from residing within 2,000 feet of a school or child care facility, did not violate the Due Process Clause of the Fourteenth Amendment, was not retroactive criminal punishment in violation of the Ex Post Facto Clause, did not interfere with the right of sex offenders to travel, and did not violate the… [read post]
15 Apr 2010, 5:02 am
They're withheld, he said, because they may inhibit Hecker's ability to defend himself against the criminal charges. [read post]
11 Feb 2008, 8:08 am
Pepin, No. 06-1462 "In case where defendant awaits trial on charges eligible for the death penalty, order excluding evidence of post-mortem dismemberment of the victims is vacated as: 1) to the extent that the district court excluded evidence from the guilt phase solely because it was excluded at the penalty phase, it erred as a matter of law; and 2) to the extent that the court relies on Federal Rule of Evidence 403, to exclude all evidence as to post-mortem dismemberment, it was an… [read post]
25 Jun 2008, 6:15 pm
Bermudez, No. 06-5119 Conviction for possession of firearm by a felon is affirmed where: 1) the district court did not err in admitting police testimony as to drug-related statements made by defendant; 2) the use of a "blind strike" method in jury selection was both constitutional and consistent with Federal Rule of Criminal Procedure 24(b); and 3) comments made during the government's closing arguments were not unfairly prejudicial. [read post]
21 Sep 2007, 11:50 pm
The Florida Supreme Court has ruled numerous times that it finds no constitutional bar to death by lethal injection. [read post]
15 Oct 2015, 5:56 am
Florida, and so the question remains unanswered. [read post]
1 Dec 2008, 11:45 am
Contemporary Eighth Amendment jurisprudence upholds the authority of the courts to review a state legislature's decision generally, and specifically to review a legislature's enactments regarding criminal punishment. [read post]
4 May 2008, 11:08 am
Four courts have rejected this, stating that as the SCA does not refer to real-time data, and the Pen/Trap statute gives no right to information tracking a user's location, the only way to grant the government access to such information is under Federal Rule of Criminal Procedure 41(d)(1), which requires a showing of probable cause before a search warrant is issued.13The government has also argued that there is no Fourth Amendment implication in the… [read post]
30 Mar 2010, 10:34 am
The revised FINRA Rule 9520 Series established procedures applicable to firms and associated persons subject to the additional statutory disqualifications as a result of the adoption of the revised definition of disqualification. [read post]
10 Aug 2023, 10:55 am
From the Commission: This definition reflects the long-standing and carefully crafted criminal history rules set forth in Chapter Four regarding which prior convictions count for criminal history purposes and which do not. [read post]
28 Aug 2008, 2:15 pm
Bonin, No. 07-30827 In a case involving an individual previously arrested for making threats to country music singer George Strait and later for threats to a magistrate judge, an order committing defendant to the custody of the Attorney General pursuant to a dangerousness determination is vacated and remanded where the determination contravened the requisite statutory procedure. . [read post]
21 Jan 2011, 8:03 pm
In re Fidler ,(Bkrtcy.D.Nev.) [read post]
