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Federal Judiciary

: Southern District of Florida

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1. Welcome to the blogosphere Roy Black at Black's Law. He'll be discussing trial practice -- he already has posted on cross-examination. I can attest to Roy's folder method. I saw him use this method years ago during a trial in Savannah, and I have been using it ever since. (Apropos of Savannah and today, we were in trial on St. Patrick's Day, which is the biggest holiday of the year there. Everything closes down, including most of the streets and courthouses. But not our judge -- he had trial (as he did on most Saturdays during those six weeks). Some of the jurors were very late because of the traffic issues and the judge let them have it. After that, the jurors were much more sympathetic to us.)

2. Some light reading from Judge Jack Weinstein.

3. The AO has issued the stats from 2010. Criminal filings are up, but interestingly, appeals are down:

Filings in the regional courts of appeals dropped 3 percent to 55,992 in FY 2010, due to a 7 percent drop in criminal appeals to 12,797 and a 9 percent drop in administrative agency appeals to 7,813. Bankruptcy appeals declined 15 percent to 678, the smallest number filed since 1982. Civil appeals remained stable, dropping by just 27 appeals to 30,940. Original proceedings in the courts of appeals increased 2 percent to 3,764.

Prisoner petitions fell 3 percent to 15,789. Appeals involving pro se litigants declined 2 percent to 27,209.

Re Criminal filings:

Filings of criminal cases (including transfers) increased 2 percent to 78,428. The number of criminal defendants (including transfers) also rose 2 percent to 100,366, surpassing the previous record of 97,982 set in 2009. Proceedings were concluded against 98,311 defendants, 91 percent of whom were convicted, with 89 percent pleading guilty.

Immigration cases, which climbed 9 percent to 28,046, constituted 36 percent of all criminal cases filed, compared to 34 percent in 2009. The majority of immigration filings involved improper reentry of aliens, and 73 percent of all immigration cases were filed in the District of Arizona, the Southern District of California, the District of New Mexico, and the Southern and Western Districts of Texas.

Filings addressing fraud grew 12 percent to 9,371 for cases, and rose 13 percent to 12,639 for defendants in these cases.

Twenty percent of all criminal cases were drug offenses, compared to 22 percent in 2009. Cases involving drug offenses decreased 5 percent to 15,785, and defendants in those cases declined 2 percent to 29,410. Marijuana cases dropped 10 percent overall, but filings related to possession of marijuana increased, with cases climbing 26 percent to 1,248 and defendants rising 28 percent to 1,305. Drug cases involving non-marijuana offenses declined 3 percent to 10,817, and defendants in those cases fell 2 percent to 21,918.

Firearms and explosives cases, which account for 9 percent of total criminal case filings, declined 7 percent to 7,248. Defendants in those cases dropped 6 percent to 8,376.

Full post as published by Southern District of Florida on March 17, 2011 (boomark / email).

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