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WEDNESDAY IS FUNDAY AT THE 3RD DCA

By "Captain Liberty" and "Rumpole"

We're not the only one spoiling for a fight, but if you're going to fight, be warned ASA's, it could cost you a conviction. So held Judge Schwartz in Chapinoff v. State, when two mistrials caused by antics, fist-a-cuffs, and "free for alls" between  ASA David Ranck and Defense Attorney Syndey Smith were enough to cause the 3rd DCA to vacate the defendant's conviction and remand for discharge on double jeopardy grounds. From the opinion:MR. RANCK (Assistant State Attorney): -- don?tstart --MR. SMITH: I would ask you not to interruptplease ?MR. RANCK: I will ask you one more time ?MR. SMITH: --I?m not going --MR. RANCK: --if you ever interrupt me --MR. SMITH: --don?t interrupt me again--MR. RANCK: --you asshole--MR. SMITH: --I will not tolerate this man--MR...continue to full post

Full post as published by Justice Building Blog on February 11, 2009 (boomark / email).