DORIA MINING & ENGINEERING CORP.

v.

CLARK, SECRETARY OF THE INTERIOR, ET AL.

Citator

Cited By (45 total)

• State v. Townsend, 635 So. 2d 949 (Fla. 1994)
  …vailable because she was declared incompetent given her young age); Haggins v. Warden, 715 F. 2d 1050 (6th Cir.1983) (because the declarant was ruled incompetent to testify, she was clearly unavailable under the Federal Evidence Code), cert, denied, 464 U.S. 1071, 104 S.Ct. 980, 79 L.Ed.2d 217 (1984); Government of Virgin Islands v. Riley, 754 F.Supp. 61, 64 (D.V.I.1991) (even though incompetency is not an enumerated basis for unavailability under rule 804, an incompetent witness is unavailable for purposes…
• Johnson v. State, 660 So. 2d 648 (Fla. 1995)
  …es neither of these. For these reasons, the trial court erred in finding the warrant unlawful for failure to include a proper oath. The oath here was legally sufficient.5 Accord United States v. Gaertner, 705 F. 2d 210 (7th Cir.1983), cert. denied, 464 U.S. 1071, 104 S.Ct. 979, 79 L.Ed.2d 216 (1984) (probable-cause affidavit held valid when sworn “on information and belief” of officer). As the United States Supreme Court itself has noted: “[W]hen the Fourth Amendment demands a factual showing sufficient to…
• Green v. State, 667 So. 2d 208 (Fla. 2d DCA 1995)
  …rmal, everyday items, there was no evidence suggesting that appellant knew they were capable of being used as drug-related implements. See Mishmash v. State, 423 So. 2d 446 (Fla. 1st DCA 1982), review denied, 434 So. 2d 889 (Fla.1983), cert. denied, 464 U.S. 1071, 104 S.Ct. 980, 79 L.Ed.2d 217 (1984). . See also Harvey v. State, 390 So. 2d 484, 485 n. 1 (Fla. 4th DCA 1980).…