The 2023 Florida Statutes (including Special Session C)
|
||||||
|
. . . Section 38.22[, Florida Statutes (2008)] gave the circuit judge: jurisdiction to hear and punish the . . .
. . . Section 38.22, Florida Statutes, states, “Every court may punish contempts against it whether such contempts . . .
. . . Specifically, section 38.22, Florida Statutes (2013), provides: “Every court may punish contempts against . . .
. . . deviation of 37.69% from an “ideal”; San Juan County’s expert, Kimball William Brace, found a deviation of 38.22% . . . San Juan County finds a slightly higher deviation at 38.22%. (Dkt. 198, p. 23.) . . .
. . . holding that a written confession signed by Garcia violated Texas Code of Criminal Procedure article 38.22 . . . Texas Code of Criminal Procedure Article 38.22 As an initial matter, Garcia urges that the merits of . . . Id. at 387 ("We agree that appellant's statement, while sufficient to comply with Article 38.22, Section . . .
. . . Ann. art. 38.22. . . . initially reversed Garcia’s conviction and held that the written statement did not comply with art. 38.22 . . . The TCCA explained that “[u]nder art. 38.22, § 2(b) the written statement must show on its face the knowing . . . , intelligent, and voluntary waiver of each of the rights of, art. 38.22, § 2(a). . . . Art. 38.22, § 2(b) is clear and unambiguous, and ‘the Legislature is constitutionally entitled to expect . . .
. . . Rojo, 84 So.3d 1259,1261-62 (Fla. 3d DCA 2012) (citing § 38.22, Fla. Stat. (2010)). . . .
. . . See § 38.22, Fla. Stat. (2010); Parisi v. Broward Cnty., 769 So.2d 359 (Fla.2000). . . .
. . . to be served at a weighted average annual IP rate linked to BPA’s Tier 1 PF rate forecasted to be $38.22 . . .
. . . See § 38.22, Fla. Stat. (2010); Parisi v. Broward Cnty., 769 So.2d 359 (Fla.2000). . . .
. . . Halley also argued below that Medi's testimony was inadmissible under Article 38.22 of the Texas Rules . . .
. . . in allowing the State to elicit testimony regarding Hernandez’s written statement, and that Article 38.22 . . .
. . . Ann. art. 38.22, § 3(a) (Vernon 2005). . . .
. . . b.October 16, 2005 through November 16, 2005 The first 6 overtime hours: $12.73 x .5 = $6.37 x 6 hours = $38.22 . . .
. . . Section 38.22, Florida Statutes (2008), provides both circuit and county courts with the authority to . . . Section 38.22 gave the circuit judge jurisdiction to hear and punish the contempt. . . .
. . . reduction was offset to some extent by the Bankruptcy Court's award of $122.50 in costs beyond the $38.22 . . .
. . . Pro. art. 38.22(3)(a)(3) which requires, before a recorded statement becomes admissible, that "the recording . . .
. . . Proc.Code Ann. art. 38.22, § 6 (Vernon 2005). . . .
. . . The paragraph includes this statement: There is no reason to believe that the statute [section 38.22, . . .
. . . Statutory References § 38.22, Fla. Stat. Power to punish con-tempts. § 38.23, Fla. Stat. . . .
. . . Ann. art. 38.22 § 3 (2007); Minnesota v. Scales, 518 N.W.2d 587, 591 (Minn.1994); Stephan v. . . .
. . . The trial court ultimately ruled that Amador’s statement was admissible under Article 38.22, section . . . Proc.Code Ann. art. 38.22(3)(c) (Vernon Supp.1994). . . . Amador argued that the admission of this testimony under Article 38.22, section 3 of the Texas Code of . . . First, it indicated that Amador’s pretrial motion to suppress on Article 38.22 grounds was insufficient . . . Proc.Code Ann. art. 38.22(3)(c). . . .
. . . State, 284 So.2d 673 (Fla.1973): Section 38.22 of the Florida Statutes, F.S.A., authorizes courts to . . . . 2d DCA 1986), “[w]hile the contempt power of Florida courts has been codified by statute, section 38.22 . . .
. . . court’s refusal to voir dire the jury regarding possible bias in relation to Section 2(b) of Article 38.22 . . .
. . . . § 38.22(3)(a). . . .
. . . Proc. art. 38.22 § 6 requires specific findings of fact when the voluntariness of a confession is raised . . .
. . . Art. 38.22 § 3(a) (Vernon 2004) (providing that no oral statement of an accused “made as a result of . . .
. . . Statutory References § 38.22, Fla. Stat. Power to punish con-tempts. § 38.23, Fla. Stat. . . .
. . . See § 38.22, Fla. Stat. (2003); cf. Wells v. . . .
. . . Ann. art 38.22 § 6; cf. Sims v. Georgia, 385 U.S. 538, 544, 87 S.Ct. 639, 17 L.Ed.2d 593 (1967). . . .
. . . . § 38.22. . . .
. . . Pro.Code Ann. art. 38.22 § 7 (Vernon 1979). . . .
. . . Statutory References § 38.22, Fla. Stat. Power to punish con-tempts. § 38.23, Fla. Stat. . . .
. . . Ann. art. 38.22 (1977); see also Alfaro v. Texas, 638 S.W.2d 891 (Tex.Crim.App.1982). . . . . Ann art. 38.22 (1977). . . .
. . . See § 38.22, Fla. Stat. (2001). . . .
. . . District 10 3.65 3.36 2.89 District 11 ■ 29.10 26.36 26.14 District 12 43.19 39.00 39.10 District 13 41.97 38.22 . . .
. . . Section 38.22, Florida Statutes (1999), authorizes courts to punish contempt but contains no penalty . . .
. . . Section 38.22, Florida Statutes (1997), grants courts the authority to punish con-tempts. . . . Section 38.22, Florida Statutes (1997), provides: Every court may punish contempts against it whether . . .
. . . Matthew, Bender, Damages in Tort Actions, v. 4, § 38.22[3] (1997). . . .
. . . See §§ 38.22, 900.04 Fla. Stat. (1997). . See § 921.0011, Fla. Stat. (1997). . See § 921.0021, Fla. . . .
. . . See § 38.22, Fla. Stat. (1999); South Dade Farms, Inc. v. Peters, 88 So.2d 891, 898 (Fla.1956). . . .
. . . Leibstone Associates and Leibstone, jointly and severally, and (ii) $76,-544.13 (plus a per diem of $38.22 . . .
. . . the statement complied with the admissibility requirements outlined in Tex.Code Crim.Proc.Ann. art. 38.22 . . . Eth-eridge confined his claim on direct appeal to the admissibility of the statement under article 38.22 . . .
. . . appealed only his claim that the warnings given to him prior to his statement did not comply with Article 38.22 . . .
. . . conclusion after noting that the statute which authorized imprisonment and fines for contempt, section 38.22 . . .
. . . Earhart received before giving a statement substantially complied with the requirements of article 38.22 . . . The record further reveals that Earhart had been warned in accord with article 38.22 on at least two . . . including the right to remain silent), had signed a written rights form advising him of his article 38.22 . . . Because admission of the statement did not violate article 38.22, the State contends, Earhart cannot . . . This warning came on the heels of other warnings more precisely tracking the language of article 38.22 . . .
. . . See §§ 38.22, 775.02, Fla. Stat. (1995); see also Moorman v. . . .
. . . , after repeated warnings, knowingly, intelligently and voluntarily waived his rights under Article 38.22 . . . The rights provided in Texas Code of Criminal Procedure Article 38.22 include all those of Miranda and . . . and during any questioning; and (5) he has the right to terminate the interview at any time:” Art. 38.22 . . .
. . . As the court stated: We take notice of [section 38.22, Florida Statutes (1949)] but do not construe it . . .
. . . . § 38.22, Fla.Stat. (1993); R.M.P. v. . . .
. . . and found guilty by [] Jury/ [X] Court of the following crime(s) Contempt of Court [Offense Statute] 38.22 . . .
. . . Smith Heating & Cooling in the amount of $38.22. . . .
. . . Until section 38.22, Florida Statutes, was amended in 1945 there prevailed in Florida the common law . . . The amendment of section 38.22, Florida Statutes, however, has been construed to no longer justify the . . . Section 38.22, Florida Statutes, as amended in 1945, provides that all issues of law or fact shall be . . . By enacting section 38.22, Florida Statutes, which impliedly prohibits trial by jury the legislature . . . Section 38.22, Florida Statutes, as discussed in the preceding notes, is concerned with procedure in . . .
. . . Statutory References ¾⅛⅛ 38.22 — 38,23, Fla.Stat. . . .
. . . Section 38.22, Florida Statutes (1989) provides that every court may punish contempt committed against . . . gain subject matter jurisdiction to make its judicial inquiry pursuant to section 26.012 or section 38.22 . . .
. . . Code Ann. art. 38.22 § 3 (Vernon Supp.1988). . . . . Code Ann. art. 38.22 § 7 (Vernon 1979). . . . .
. . . Statutory References F.S. 38.22-38.23 Contempt. . . .
. . . Statutory References F.S. 38.22 — 38.23 Contempt. . . .
. . . State, 642 S.W.2d 489, 490 (Tex.Crim.App.1982) (Tex.Code Crim.Proc.Ann. art. 38.22, § 3 (Vernon 1979) . . .
. . . See Art. 38.22, Tex. Code Crim. Proc. (Vernon Supp.1987). . . . .
. . . Commissioner, 357 F.2d 504, 505-06 (9th Cir.1966); 7 Mertens, Law of Federal Income Taxation § 38.22, . . .
. . . trials in contempt proceedings, we would also be required to find a legislative intent to repeal section 38.22 . . . that the legislature has seen fit to take such a drastic step as to repeal or otherwise modify section 38.22 . . .
. . . While the contempt power of Florida courts has been codified by statute, section 38.22, Florida Statutes . . .
. . . Evans argues further that admission of the oral statement violated Tex.Code Crim.P.Ann. art. 38.22, § . . . The Texas Court of Criminal Appeals rejected this claim, holding that current art. 38.22, § 3 was not . . .
. . . See 5 Moore’s Federal Practice H 38.22 at 38-185 (2d ed. 1985). . . . par-ol evidence to add to, alter or deny its terms is not admissible.” 5 Moore’s Federal Practice ¶ 38.22 . . .
. . . respectively an additional 200,000 shares of CopyTele common stock and together Krusos and DiSanto own 38.22 . . .
. . . Statutory References F.S. 38.22-38.23 Contempt. . . .
. . . this case seeks reformation of the contract, the suit is equitable in nature. 5 Moore’s Fed.Practice 38.22 . . .
. . . The legislature recognized this by enacting sections 38.22 and 38.23, Florida Statutes (1983), specifically . . .
. . . This rule, Tex.Code Crim.Proc. art. 38.22 (1967), provides: 1. . . .
. . . plaintiffs also seek declaratory judgments on the constitutionality, and enforceability of 49 Pa.Code § 38.22 . . .
. . . . § 38.22, Fla.Stat. (1979). Although R. M. . . . Section 38.22 provides: Every court may punish contempts against it whether such contempts be direct, . . .
. . . Section 38.22, Florida Statutes (1973) authorizes courts to impose imprisonment and a fine for contempt . . .
. . . Under Sections 38.22 and 38.23, Florida Statutes, Florida judges are granted broad powers of contempt . . .
. . . constitutional sense” (Record p. 200), and that “Cantera’s statements would have been inadmissible” under art. 38.22 . . . Article 38.22 of the Texas Code of Criminal Procedure reads in pertinent part: Sec. 3. . . .
. . . Under Florida Statutes, Section 38.22, “all questions of law and fact” are to be determined by the trial . . .
. . . Ann. art. 38.22. . . .
. . . My authority to enforce my own order is set forth in Section 38.22, F.S., entitled Power to Punish Contempts . . .
. . . Art. 38.22(1) if under subsection (a) it was “shown to be the voluntary statement of [an] accused taken . . . This version of article 38.22 was effective between August, 1967 and August, 1977. . . . . Jurek’s trial because it had led to the discovery of Wendy Adams’ body, see Tex.Code Crim.Proc. art. 38.22 . . . Tex.Code Crim.Proc. art. 38.22 (magistrate’s warning must be given before any written confession is taken . . . that a hearing was withheld until interrogation had produced confession”); Tex.Code Crim.Proc. art. 38.22 . . .
. . . the ground that the statement was, in any event, properly admissible under Tex.Code Crim.Proc. art. 38.22 . . .
. . . motion, holding the statement admissible as the res gestae of the offense under Tex.Code Crim.Proc. art. 38.22 . . . Code Crim.Proc. art 38.22 § 5 (1979)]. . . . Art. 38.22, § 1(f) of the former Texas Code of Criminal Procedure provided: . . . .
. . . Miller, Federal Practice & Procedure: Civil § 3051 at 119-20; 5 Moore’s Federal Practice 38.22[2] at . . .
. . . Sullivan, 157 Fla. 496, 26 So.2d 509; §§ 38.22 and 38.23, Fla.Stat., F.S.A. . . .
. . . Art. 38.22, Texas Code of Crim.Procedure. . . .
. . . The statutory authority contained in Section 38.22, Florida Statutes, recognizes and is a restatement . . .
. . . from a decision of the Hillsborough County Circuit Court upholding the constitutionality of Section 38.22 . . . Appellant was not entitled to a jury trial, and Section 38.22, Florida Statutes, and Florida Rule of . . .
. . . The limitations on admissibility of oral or written confessions under Art. 38.22 of the Texas Code of . . . Art. 38.22 (1975 Supp.) seems stricter than those required by the case law interpreting Miranda in that . . .
. . . admissible as res gestae of the crime and the arrest under Texas Code of Criminal Procedure Ann., Art. 38.22 . . .
. . . contract, however, is equitable in nature and hence triable to the court. 5 Moore’s Federal Practice § 38.22 . . .
. . . There is no merit to the contention that Art. 38.22, Vernon’s Ann.Tex. . . .
. . . Under article 38.22 of the Vernon’s Ann. . . .
. . . Vernon’s Tex.Code Crim.P.Ann. art. 38.22. . . . .
. . . 8.36 acres of the Hardwicke property and is an easement for levee and spoils; 806-H burdens a total of 38.22 . . .
. . . . § 1.111-1(a); Reg. 118, Sec. 38.22(b) (12)-1. . . .
. . . See 5 Moore’s Federal Practice ¶¶ 38.21 and 38.22 (2d ed. 1971); F. . . .
. . . Tex.C.Cr.P., Article 38.22(b). . . .
. . . Art. 38.22(b) and (e). . . .
. . . See also Tex.Code Crim.P.Ann. art. 38.22 (Supp.1968). . 372 U.S. 391, 83 S.Ct. 822, 9 L.Ed.2d 837 (1963 . . .