Criminal Law
JAABlog 
Coverage of the Broward County, Fla., courts and judiciary.
Post Frequency: 3.4/day Last Entry: November 18, 2009 at 21:29:42 Recent Entries: 1024
By Bill Gelin,Brian Reidy, Vivian Gariboldi, Donald Cannarozzi, and Jeffrey Ivashuk.
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WEDNESDAY NOTES
Posted on November 18, 2009What's up Doc Brannon's sleeve?Compare & Contrast - here's how they handle Driving While License Suspended ("DWLS") or No Valid DL ("NVDL") cases in Miami:"No trial" option for DWLS or NVDL cases:- The prosecutor will extend an offer to settle...
4TH DCA 17TH CIRCUIT OPINIONS
Posted on November 18, 2009OPINIONS RELEASED NOVEMBER 18, 2009Frusciante - Affirmed ("In a well-reasoned order") S. Kaplan - Granting of Suppression Motion Reversed Backman - Affirmed in part, reversed in part, and remanded (3.850) Towbin-Singer - Affirmed in Part; Reversed in Part and Remanded (3...
JAABCAM CRS EDITION
Posted on November 17, 20091.) The Professor gives JAABLOG an "A" in Obnoxiousness; 2.) Debbie Garr, Director of Court Reporting Services, gave us the grand tour of the 17th's electronic court reporting facilities on Tuesday. Debbie is responsible for all the electronica, and supervises twenty-seven Digital Court Reporters...
WOULD YOU GRANT THIS MOTION?
Posted on November 16, 2009Attorney Gary Ostrow writes: On December 12, 2008, Fort Lauderdale police received a tip alleging that the defendant, John Mazzurco, was in the process of breaking down multiple kilos of cocaine at a particular address in the city...
SUNDAY NOTES - "VAGINA JUSTICE"
Posted on November 15, 2009No further continuances - Will Judge Ana Gardiner be chucking it in before the New Year? That's the buzz, growing stronger everyday. The real question, of course, is whether she'll quietly disappear into the night, or go out with a bang. Let's hope it's the latter, since no one heats up the blogosphere quite like our Ana...
JAABCAM
Posted on November 15, 20091.) Oy vey!; 2.) Lambos and a Ferrari being transported to greener pastures. Were they once Scotty's?; 3.) Poor Napoleon Bonaparte Broward. Of all the indignities to endure ...; 4.) Score another one for the good guys; 5...
THURSDAY NOTES AND THEORETICALS
Posted on November 12, 2009One theory as to where the Rothstein case is going - it takes a big blog to admit it, but facts are facts: beyond a snippet here and there, we've disseminated hardly anything interesting in the still rapidly unfolding Rothstein scandal. So, with gritted teeth and a depo-free afternoon, we set off today to try and remedy the situation in our usual fashion - by finding more experienced lawyers and mindlessly copying down everything they say...
MONDAY NOTES
Posted on November 09, 2009JAABLOG'S Once Upon A Time - Ever heard of Irwin Berkowitz? We hadn't either, until "Lawdog" chimed in. It turns out a Broward Judge was removed for lying to the JQC, amongst other things, back in 1988. There's even a link to the Supreme Court's findings, courtesy of FSU, since the Supreme Court's JQC archives don't go back that far...
CHERNOW-BROWN DENIES GARDINER MOTION
Posted on November 09, 2009All aboard The Loureiro Express ...Judge Gardiner was apparently not amused by the recent Motion to Dismiss filed by attorneys Mike Tenzer and Richard Rosenbaum in State v. Loureiro. She's fighting back, and losing.Click here for "HONORABLE ANA I...
HARRY GULKIN AWARD WINNER: DIANE CUDDIHY
Posted on November 05, 2009Congrats Diane!The BACDL Board voted earlier this evening to award the 2009 Harry Gulkin Award to Chief Assistant Public Defender Diane Cuddihy.The award is made in recognition of her years of dedicated service, her achievements in the appellate field, and her inspirational battle to free Anthony Caravella...
SAY NO TO STUPIDITY
Posted on November 04, 2009How do you ask a man to be the last man to die for a mistake? - Mike Satz's reputation as a no-nonsense, tough on crime State Attorney is eroding faster than the sand on Hollywood Beach. Every day brings a new public corruption scandal, or one from within the SAO itself...
JAABCAM
Posted on November 04, 20091.) Extra! Extra! Rothstein sells papers, as evidenced by the Courthouse garage news boxes this morning; 2.) The family of thirteen year old Deerfield burn suspect Jeremy Jarvis meets the press this afternoon, outside attorney Steve Melnick's office. All the locals were there, together with CNN and Good Morning America; 3...
SEIDMAN vs. McLAWRENCE vs. KLITSBERG
Posted on October 30, 2009Nathaniel ?Nate? Klitsberg For Broward County Court, Group 26 The Right Time ? A Better BrowardI grew up in Broward County, moving to Coral Springs with my family at the age of 10 in 1984, graduating from JP Taravella High School in 1992...
BrowardBulldog.org
Posted on October 29, 2009There's a new blog in town, BrowardBulldog.org, run by the great investigative reporter Dan Christensen. This one's been in the works for quite some time, and has been hotly anticipated by everyone interested in truth and justice for Broward County...
THURSDAY NOTES
Posted on October 29, 2009"Maybe we'll have to buy a horse" - yes, the comments about Judge Mel Grossman spying on Shelly Golding once upon a time turn out to be true. Click here for a Sun-Sentinel report from 1990, detailing the whole sordid affair...
JAABLOG TO BOB: "YOU'RE JUST TOO GOOD TO BE TRUE ..."
Posted on October 28, 2009"You're just too good to be true...
4TH DCA 17TH CIRCUIT OPINIONS
Posted on October 28, 2009OPINIONS RELEASED 10-28-09Collins, Senior Judge - Reversed and Remanded Geoffrey Cohen - Affirmed (3.800(b))Lazarus - Affirmed Rothschild - Reversed and remanded Grossman - order of eviction Horowitz - Reversed/remanded The judgment was entered following a hearing at which (appellant) was not present ...
TUESDAY NOTES
Posted on October 27, 2009Something really big is brewing - stay tuned!! In the meantime:Raphael Marquez in court Wednesday - Judge Gold deferred ruling last Friday on Marquez's request to trade sex offender probation/homelessness for prison time. He wants to see authority for such an order, before he agrees to even consider making the swap...
MONDAY NOTES: MARCUS SPEAKS!
Posted on October 26, 2009Making the rounds in Hollywood, CA - a bidding war has erupted over a script set right here in Fort Lauderdale. It's a mystery story, about a police shooting where an unarmed burglary suspect is shot in the back, and an officer is shot in the hand by another cop...
JAABCAM
Posted on October 25, 20091.) Lawyers unlucky enough to be doing jail visits Saturday saw this huge crane loading elevator parts atop the Old Courthouse. The crew explained that each of the four elevators closest to the jail are being refurbished, one at a time. Only three will be working for the next two years, as each elevator will be shut down for up to six months for improvements to the machinery, shafts and elevators themselves...
HIDE YOUR STASH/DOMINO'S PIZZA DELIVERS
Posted on October 23, 2009Not welcome in Agrestic ...Fausto Tejero, one of the BSO Shakedown Cops held on charges of I. BURG/DWELLING STRUCTURE OR CONVEYANCE ARMED, II. ARMED EXTORTION, III. BRIBERY/ATTEMPTED, and IV. UNLAW COMPENSATION REWARD OFFICIAL BEHAVIOR has been granted bond...
THURSDAY NOTES
Posted on October 22, 2009Under the Bridge - Raphael Marquez goes before Judge Gold Friday morning. He's looking for prison time this time around, in place of the homelessness guaranteed by his sex offender status and supervision. Also today, Judge Dale Cohen denied Corey Lewis' request for prison in lieu of cardboard box under the bridge house arrest, as reported in the Sentinel...
GARDINER'S UP IN 2012
Posted on October 21, 2009MOTION TO DISMISS INDICTMENT BASED UPON EGREGIOUS AND OUTRAGEOUS JUDICIAL MISCONDUCT, EGREGIOUS AND OUTRAGEOUS PROSECUTORIAL MISCONDUCT, OUTRAGEOUS GOVERNMENTAL CONDUCT, AND THE BROAD EXERCISE OF THE COURT'S INHERENT POWER AND/OR MOTION TO PRECLUDE THE STATE FROM SEEKING THE DEATH PENALTY; REQUEST FOR EVIDENTIARY HEARING AND INCORPORATED MEMORANDUM OF LAW - Click here for the aforementioned Motion filed Monday by attorneys Richard Rosenbaum and Michael Tenzer in State v...
STILL TICKING
Posted on October 20, 2009We're back, but abbreviated - still a little flu sick, and still sweating the results from the nasal swab the doctor took last week to determine whether it was H1N1 that took the Blog down. Not that it really makes much of a difference, since the treatment is the same regardless of what type of flu it was (Tamiflu pills)...
BRADYGATE UPDATE
Posted on October 20, 2009The Public Defender's Office Brady Task Force has uncovered inquiries involving seventy-seven Broward law enforcement officers, to date. Most of the information has been discovered through public records request ("PRRs") made to individual law enforcement agencies, and to the State Attorney's Office (SAO) directly...
"SEE YOU IN SAN FRANCISCO"
Posted on October 09, 2009When is an Arthur Hearing not an Arthur Hearing?When the Defendant's daughter happens to be the most powerful politician in Broward County, that's when.Judge Backman concluded a special bond hearing for Mayor Ritter's father earlier today. He'll issue a written order this afternoon, after he deliberates...
WEDNESDAY NOTES
Posted on October 07, 2009Fun With Statutes - 322.0261 Driver improvement course; requirement to maintain driving privileges; failure to complete; department approval of course:(4) The department shall identify any operator convicted of, or who pleaded nolo contendere to, a violation of s...
SIX PICKED
Posted on October 07, 2009The following six individuals were submitted to the Governor by the JNC to replace Judge Carney:Julio Gonzalez, Maria Schneider, Raag Singhal, Chris Pole, Michael Usan, David Haimes.Click here to see ASA Justin Griffis' reponse to the Escaped Crusader (10/6/2009 @ 5:57 PM)St...
BRADYGATE
Posted on October 07, 2009Mr. Brady, meet Mr. Satz ... Everyone's heard about former BSO Deputy Manuel Silva's arrest for armed extortion by now, but did you know he was sanctioned twice by Internal Affairs ("IA") over allegations stemming from complaints alleging inappropriate contact with teen aged girls? Well, it's true, and one of the incidents even made Channel Seven News at the time...
JAABCAM
Posted on October 07, 20091.) Judge Orlando to the rescue - the lone figure in the middle of the street is Mike Orlando, on his cellphone calling the police. The red car by the curb clipped the man on the bicycle (pictured in the middle of the intersection with another good samaritan), witnessed by the good judge while driving back to work on his golf cart (behind the street light, left side) after lunch Monday...
CONNECTING THE DOTS ...
Posted on October 05, 2009What's behind the door?Channel Four will be running an interview with Public Defender Howard Finkelstein tonight at 6:00 PM regarding the recent arrest of BSO Deputy Manuel Silva. Included in the segment are some choice questions about the recent rash of police lawlessness in Broward, with some typically to the point answers by Howard...
MONDAY, MONDAY
Posted on October 04, 2009Withhold or Adjudication for Adderley? - Did Judge Levenson convict Eleanor "Lisa" Adderley? We don't recall hearing anything except the nine months and probation at last Friday's sentencing, and Docketrack, we're told, doesn't reflect a WH or ADJ from when the plea was taken earlier this summer...
Why innocent people should fear your State Attorney
Posted on October 04, 2009Chaplain Julio Arce almost became another victim of Broward injusticeWhy innocent people should fear your State Attorney by The Escaped CrusaderIn a recent case a hospice chaplain was acquitted of a sexual battery charge on a dying woman...
SURPRISE, SURPRISE!
Posted on October 02, 2009Judge Levenson sentences Adderley to the bare minimum of nine months jail followed by two years probation.The papers will be running a great photo of Bogenschutz hugging Addereley in the middle of the courtroom after her testimony.Not a single word of cross examination of any of the doctors, Adderley, or any defense witnesses by the SAO in support of their "recommendation" of thirty months Florida State Prison...
JAABCAM
Posted on October 01, 20091.) Judicial candidate Jahra McLawrence interviewed by Channel Seven's Carmel Cafiero today; 2.) PD alum Ann Blanford, Jonathan Bleiweiss, and Thomas Sclafani during today's hearing before Judge Destry. Sclafani filed a Motion To Dismiss For Intentional Prosecutorial Misconduct on Tuesday (large PDF file), based on his belief that the SAO has purposely staggered the case filings over 8 First Appearances over many weeks, resulting in more than 176 television broadcasts which have tainted the potential jury pool...
INTERVIEWS FOR CARNEY'S SEAT
Posted on September 30, 2009Judicial Applicants for 17th Circuit Seat of Retiring Judge Carney to be interviewed on October 6th, 2009:1) Michael Robinson; 2) Maria M. Schneider; 3) Gerard S. Williams; 4) Stefanie C. Moon; 5) Melinda K. Brown;6) Sharon L. Zeller; 7) Julio E. Gonzalez Jr...
WE'RE BACK ...
Posted on September 30, 2009Gold Watch For GehlCongratulations Judge Gehl - after twenty-two years of public service, Peggy Gehl is retiring, effective May 2010. She'll be returning as a senior judge, so don't fret. The good judge will remain a courthouse regular, with maybe a little extra time off during the late summer months...
JAABCAM
Posted on September 24, 20091.) Judge School 101 - never mess with Val Williams (and Lord help the judge foolish enough to try and take her cellphone away); 2.) How many defendants have a World Series Ring? (this one was photographed while still on Jim Leyritz's finger - one might assume the other ones are safely tucked away in David Bogenschutz's safe deposit box); 3...
THURSDAY NOTES
Posted on September 24, 2009ROC Last Week (although you'll find the same in almost every Broward courtroom, any day of the week)The "Primordial Urge" defense - a lawyer plans on trying a consensual sex with a minor charge soon (+16), looking for a jury pardon...
"this is the beginning of the long-awaited federal takedown ... "
Posted on September 23, 2009BOB NORMAN'S DAILY PULPSources: Broward County Commissioner Eggelletion Arrested
23 APPLICANTS FOR CARNEY'S SEAT
Posted on September 22, 20091) Michael Robinson; 2) Maria M. Schneider; 3) Gerard S. Williams; 4) Stefanie C. Moon; 5) Melinda K. Brown; 6) Christopher W. Pole; 7) David A. Haimes; 8) Sharon L. Zeller; 9) Candace Korthals; 10) Julio E. Gonzalez Jr.; 11) Michael A. Usan; 12) Andrew L...
BACDL SAVES THE DAY?
Posted on September 22, 2009Details are sketchy, but the inexhaustible Ira Still and BACDL may have found a last minute solution regarding the in-custody drug programs, with major assistance from, drum roll please, Mike Satz and Monica Hofheinz.Apparently, there is roughly half a million dollars sitting in a trust fund garnered from defendant fines...
VITALE MAKES IT OFFICIAL
Posted on September 22, 2009As a result of the resignation of Circuit Judge Linda Vitale, there is a vacancy on the Seventeenth Judicial Circuit Court in and for Broward County, Florida.Judicial applications for this one (1) Circuit Court vacancy must be received before 5 p.m. on Monday, October 12, 2009 at the following location:c/o Jamie Finizio Bascombe, Esq...
TUESDAY NOTES
Posted on September 22, 2009Where O Where did our Phantom Fauxtoshopper go? - Click here for a stroll down memory lane, featuring the collected masterworks of the mysterious Phantom. Show him the love people, and maybe he'll grace us with his presence again ...Judge Gold entertains Jim Leyritz and David Bogenschutz Wednesday - and did you know the SAO ended up filing the domestic battery charge, after Judge Gold found the case to be bunk? Also, click here for the Sun Sentinel's coverage of Judge Levenson's ex-wife Jill's efforts to save a bit of Broward for sex offenders to call home, and here for the most recent example why Ft...
HOW MANY INNOCENT PEOPLE HAS SATZ PUT AWAY?
Posted on September 21, 2009$2 million settlement for another Broward man cleared by DNA"The Broward Sheriff's Office has quietly reached a $2-million settlement with Jerry Frank Townsend, a mentally challenged man who was wrongly convicted and spent 22 years in prison for a series of murders that DNA later showed he did not commit, documents obtained by the Sun Sentinel show...
JAABLOG MOVEMENT
Posted on September 18, 2009Judge Rodriguez-Powell to be replaced by former Assistant Public Defender Judge Tom Lynch.Judge Levenson moving too.The first two are not surprises. The shocker - Judge Gold may be heading to Civil. A call to his office yielded inconclusive results - no confirmation, yet no denial...
JAABCAM
Posted on September 17, 20091.) The only thing everyone in the main courthouse agrees on: Moses is cool; 2.) Detective Andrea Penoyer of Police Women Of Broward County. She's smiling because she doesn't know the photographer is a major critic. To all her secret admirers: she's even prettier in person, and super petite; 3...
BUDDY OUTS SHEILA
Posted on September 17, 2009But who told Buddy? Someone from the SAO?BROWARDBEAT.COMAlu Strikes Again; Threatens To Overturn Untold Number of Cases "Assistant State Attorney Alu has delivered to the Public Defenders Office a list of 28 police under investigation by her bosses at the State Attorney?s Office ...
WEDNESDAY NOTES/4TH DCA
Posted on September 16, 20094TH DCA BROWARD OPINIONS RELEASED 9-16-09Bidwill - Reversed and remanded (Williams Rule Issues) Avalos - Affirmed in Part, Reversed in Part, and Remanded (Botched Jury Instructions)O'Connor - Affirmed (Post-Conviction Relief) Speiser - Affirmed in part, reversed in part, and remandedLevenson - Affirmed in part; Reversed in part; and Remanded (Insuffct...
TUESDAY
Posted on September 15, 2009Is fund raising different than contributing? - Click here for Bob Norman's reporting on a story that's near and dear to our hearts (for obvious reasons). Bob nails it, as do all the other good people involved in the story, who quickly handle an uncomfortable little scenario like the pros they are, except for maybe a little hiccup coming with the Judge's Order ...
MONDAY NOTES
Posted on September 14, 2009On the warpath: Satz vents after recent rash of bad publicityViolent crime down, property crime up - Click here for the Sentinel's reporting on the most recent FBI crime stats. After spiking during the first half of the year, violent crime ended up dropping in Broward, as it did in neighboring counties (Broward was the only place violent crime went up during the first half of 2008)...
SURPRISE, SURPRISE: GUILTY COPS GET A FREE PASS
Posted on September 09, 2009Did you know Judge Imperato worked as a police officer once upon a time?Police Officers Emanouel Legakis and Miranda Decker were sentenced today. Found guilty by jury of one felony count of Official Misconduct, Judge Imperato withheld adjudication and sentenced them each to a year of administrative probation (no in-person reporting required)...
JAABCAM
Posted on September 09, 20091.) Colleagues Bill Scherer and David Di Pietro on their way to court this morning, in the matter of Kasler v. Seidlin (David is an SAO alum); 2.) Carmel's on the case. Seidlin's attorney Russell Adler interviewed by Channel Seven's Cafiero, after the hearing...
WEDNESDAY NOTES
Posted on September 09, 2009Diane Cuddihy, Real Life HeroCounty Commission meeting tomorrow - The following message is from BACDL President Russell Williams:Thursday, at 5 pm, is the Commission meeting regarding the Sheriff's budget. The Sheriff has submitted a budget to the county which DOES NOT include any funding for jail treatment programs...
LEOPARDS NEVER CHANGE THEIR SPOTS
Posted on September 06, 2009Banality on Tour - Campaign '76 (Satz's Ford Pinto not pictured)Miami Herald: Caravella case is among string of bogus convictions" ...
CARNEY RESPONDS/MISSING SCRIPT/SAO NEWSLETTER
Posted on September 04, 2009The following is a purported communication from Judge Robert Carney, posted under "Off the Chain!" at 10:29 this morning: "While I don?t ordinarily contribute to this blog, I feel it might be appropriate to set some facts straight...
OFF THE CHAIN!
Posted on September 03, 2009CORRECTION - Public Defender Howard Finkelstein let us know in no uncertain terms today that Anthony Caravella, sentenced to prison twenty-five years ago on what looks to be a faulty conviction, did not appear before Judge Rob Carney during his murder trial...
JAABCAM
Posted on September 03, 20091.) Statewide Prosecutor Oscar Gelpi and BACDL's Teresa Williams forget they're locked in mortal combat long enough to have their picture taken; 2.) It's official - Broward formally secedes from the Union. Having ditched the U.S. and Florida Constitutions years ago, the U...
WEDNESDAY NOTES
Posted on September 02, 20094TH DCA 17TH CIRCUIT OPINIONS RELEASED 9-2-09Tuter - Convictions Affirmed; Sentences Vacated and Remanded for resentencing before a different judge... at sentencing the trial court expressly considered (Defendant's) protestations of innocence and failure to show remorse in determining what sentence to impose...
LUCKY LARRY RUNNING OUT OF LUCK?
Posted on September 01, 2009Uh oh, better get Maaco ...We're told Larry Seidlin isn't out of the woods just yet. Apparently, the family of Barbara Kasler have enlisted the biggest gun around to pursue the Judge civilly. That's right, Bill Scherer has reportedly been retained to OJ Larry after the criminal complaints didn't stick...
YESTERDAY'S PAPERS
Posted on August 30, 2009Judge Bober busted a young female Defendant doing the nod in court last week. Apparently, she was so out of it even the hard to infuriate Bober felt the need to take her in, after she tested positive for some trank like substances that would make Keith Richards woozy...
SWINE FLU SCARE AT THE SAO
Posted on August 27, 2009Concerned ASAs are buzzing about a recent H1N1 Virus scare at the SAO. Here's the email that went around from Satz's right hand man Monica Hofheinz, addressed to "All SAO Units", on August 17, 2009 at 5:07 PM:We were just made aware today that an employee of this office was diagnosed with the H1N1 Virus (Swine Flu)...
JAABCAM
Posted on August 27, 20091.) Lawyers and defendants at the West Satellite appear before both Judge Feld and the State. This picture of ASA Monica Benitez in the witness box was taken before court today. Sure enough, after the "All Rise!", the young ASA stayed put and prosecuted from stage left, complete with clever comments about which case the judge should call next...
SOMETHING IN THE WATER AT BSO?
Posted on August 25, 2009Grady and Bleiweiss may have company soon. Another male BSO Deputy is being accused of fondling another man during a "pat down". Apparently, the inappropriate search included deep inside underwear territory, complete with some highly suggestible comments about "weapons"...
STATE BACKS DOWN
Posted on August 24, 2009Details are sketchy, but the State has apparently backed off its position to no longer offer substantial assistance in Judge Carlos Rodriguez's division. We're told they filed some sort of pleading, which we'll post as soon as we get it. We'll also try to get a comment from ASA John Gallagher, although we're pretty sure it'll start with an "F" and end with the word "off".
SEIDMAN SAYS "NO" TO FAULTY INTOXILYZER
Posted on August 21, 2009Judge Lee Seidman issued a strongly worded order this morning granting defense motions to suppress breath test results ("The Veiga Motion"). He is the first judge to rule of the roughly fifteen who sat en banc to hear the issues (twelve county court and Gold, Murphy and Towbin-Singer from the Circuit...
WEDNESDAY NOTES
Posted on August 20, 2009OPINIONS RELEASED 8-19-09A lot of boring post-conviction relief stuff this week, except for the 4th backing up the PD against Judge Levenson trying to appoint them to represent a witness in a murder case (see prior reporting on JAABLOG for background)...
SCRAPING AWAY THE VENEER ONE DAY AT A TIME ...
Posted on August 18, 2009Re-elect Democrat Michael Satz Copyright © 2000 South Florida Sun-SentinelThe only time Broward County State Attorney Michael J. Satz has faced opposition was the first time he ran for office 24 years ago. This year, he's being challenged in the democratic primary by a political newcomer, Adam Balkan, 31, a former assistant state attorney who worked for Satz...
JAABCAM
Posted on August 17, 20091.) Time, Newsweek, and now JAABLOG. Prison reform advocate Bob Butterworth finally snares the media triple crown; 2.) speaking of media, here's John DeGroot and Howard Finkelstein. Be sure to check out Stupid Journalism Tricks #1 over at John's blog, where he's been busy crunching numbers and coining phrases like "Satzspin bullshit"; 3...
HERE WE GO AGAIN ...
Posted on August 17, 2009The JNC process is gearing up again to fill the vacancy created by the resignation of Robert Carney. The JNC has until Tuesday, October 13th to supply the names to the Governor to fill the spot, before Carney's retirement begins on December 31st, 2009...
THE GALLAGHER & COHEN TRANSCRIPTS
Posted on August 13, 2009Click here for the transcript detailing ASA Gallagher's problems in Judge Carlos Rodriguez's division. The original blow-up had something to do with a case ASA Eva Solomos was handling, whereby a "meeting of the minds" on a substantial assistance agreement never happened, meaning the defendant was stuck with a fifteen year minimum mandatory prison sanction...
4TH DCA 17TH CIRCUIT OPINIONS - ANA STRIKES AGAIN
Posted on August 12, 2009OPINIONS RELEASED 8-12-09Gardiner - Reversed for a new trial (how's the promotion to civil going Ana?)" ... Defendant was charged with capital sexual battery. After an extensive pretrial period, the State disclosed its expert for the second aspect of the DNA evidence only on the first day of trial...
KING CASE DROPPED
Posted on August 11, 2009As predicted, the SAO nolle prossed Michael King's case a few minutes ago. King gets to go homeless again, and Bleiweiss has to keep his jail clothes on, as reported earlier today by the Sentinel.
MORE SAO BRADY PROBLEMS
Posted on August 11, 2009The hearing on the aggregated DUI Motions is already bearing fruit.Details are sketchy, as we are still awaiting the transcript from part one of the hearing on July 31st (part two commences on August 18th). This is just what we're hearing at this point...
We're Back ...
Posted on August 10, 2009Our email is chock full of Anonymous Tips, so please be patient while it's all sorted out. It's no fun climbing back on the horse after a nice break, but here goes ..."Boy the way Glen Miller played" ... tongues were wagging last week after Judge Dale Cohen held an evidentiary hearing on this Motion To Recuse, filed by attorney Steve Melnick...
JAABCAM: BERMUDA!
Posted on August 10, 20091.) The Bermuda Parliament - a miniature version of the one in London. The Parliament Chamber sits directly below (2.) the Supreme Court, on a hilltop in Hamilton (the accused sits or stands in the glass box in the middle foreground); 3.) Magistrates Court (our version of county court)...
MIRACLE OF MIRACLES! MERCER SKATES!
Posted on July 30, 2009BILL SCHERER'S FORMER SON-IN -LAW GETS MISDEMEANORS! - remember back in May when Tony Mercer got popped for trafficking and possessing all sorts of nasty chemicals, carrying at least one minimum mandatory prison sanction? Today we learned he escaped all felony charges...
4TH DCA 17TH CIRCUIT OPINIONS
Posted on July 29, 2009OPINIONS RELEASED 7-29-09Gates - Reversed and remanded (State concedes their error) Luzzo - Affirmed Bidwill - Affirmed OPINIONS RELEASED 7-22-09O'Connor - Reversed and Remanded (suppression should have been granted)Grossman - Reversed and Remanded Goldstein - Reversed and RemandedFrusciante - Appeal abated (the dead man's parental rights case)(Sentinel - In death, Broward father may become dad again)Aleman - no error by trial court Eade - Reversed and remanded MEDIA: DBR's Inside Track on Jahra McLawrenceDominican-born attorney McLawrence runs for judgeship in FloridaDBR: Land offered to county for courthouse for $15 millionBroward Attorneys Fight Last-Ditch Battle To Save Treatment ProgramsCourt reporters are necessity in court system Sidestepping critics, Crist signs legislation designed to crack down on pain pill clinics A victory for court opennessChief federal judge Moreno exhibits humor, demands decorumCrist not consistent on judge nomineesUnlike Florida, Iowa reworked sex offender lawAttention Judge Gardiner: Hillsborough judge stars in Tru TV's new series Pet CourtHerald Editorial: Get rid of sex offender shantytown
WEDNESDAY NOTES - UNCLE FRED!
Posted on July 29, 2009JAABLOG announces the Barbara Beilly Project - who is General Master Barbara Beilly? Who cares? Well, we do now, since receiving reports she's messing about with one of our favorite at-laws. Information is still sketchy, but we're told Mr...
TUESDAY NOTES - HOLLYWOOD FALLOUT
Posted on July 28, 2009THE FBI & FDLE - click here for the Public Defender's letter to Chief Wagner of the Hollywood PD, regarding the now infamous DUI video. Our favorite part? - the "cc" at the end of page two, copying the FBI, FDLE, and the Broward SAO. Howard asks a lot of tough questions, which we doubt the Chief or Mr...
"We'll do a little Walt Disney to protect the cop ..."
Posted on July 27, 2009Let's hear it for Hollywood.Your friendly neighborhood Hollywood PD is at it again.Today's story involves a police officer crashing into an illegally stopped car. It could have happened to anyone. The owner of the car turns out to be, let's say, woozy, and roadsides ensue...
THURSDAY NOTES: McLawrence Makes It Official!
Posted on July 23, 2009McLawrence v. Seidman - It's on! Jahra McLawrence filed his papers to run for county court judge, group 26. Click here next week to see the proof, when the Supervisor of Elections' web master returns from vacation and posts the new filing. May the Best Man Win!Teresa Williams weighs in - no, not on the McLawrence/Seidman race (wasn't she going to run too?), but on BACDL's meeting tomorrow to save the in-custody drug programs...
JAABCAM
Posted on July 23, 20091.) Millions of people may have been watching Carmel Cafiero's live broadcast from the courthouse today, but pros like Carmel and David Bogenschutz don't know the meaning of "nerves". Here they are clowning during a commercial break, seconds before the red light came on and they went back to work (2); 3...
TUESDAY NOTES - FLOATING HEADS & HUIZENGA
Posted on July 21, 2009The perfect crime? - did you hear about the case of Robert Mackey and Paul Trucchio? Two guys accused of murder, after the discovery of a floating human head in a canal alongside Alligator Alley in Broward County? Click here for BSO's press release from 2007, and click here for the four page Affidavit To Arrest detailing the investigation...
ROTATION!
Posted on July 20, 2009Nova Law School Book Store reports brisk sales ...Purported Email from Judge Carney to all 17th Circuit Judges: Enclosed herewith is a copy of the proposed rotational plan for the 17 th Judicial Circuit. It includes rotation for both Circuit and County Court...
JAABCAM
Posted on July 19, 20091.) Private attorneys start to care about the budget cuts - PAs can forget about a quick trip to the Misdemeanor Clerk's Office after court; 2.) Doodie! The burst water main at Sunrise and 15th Thursday evening, which made lots of people late to court Friday morning; 3...
SUNDAY NOTES
Posted on July 19, 2009Judge Feren expected to rule Monday morning on the Motions To Disqualify - at least that's what he supposedly told the people in his division (and he's up against the thirty day statutory deadline too). We'll post the order after we secure a copy ...
MAREK TO DIE
Posted on July 16, 2009JAABLOG learned earlier today that the Supreme Court has issued an order affirming the death sentence of John Marek.Mr. Martin McClain and his colleagues should be commended for their gallant efforts.
THURSDAY NOTES
Posted on July 16, 2009The Stanton Kaplan Rule? - Click here for today's Supreme Court ruling changing the score sheets in Florida.Here's the relevant lingo, included in new score sheets:"If total sentence points are less than or equal to 44, the lowest permissible sentence is any non-state prison sanction...
4TH DCA 17TH CIRCUIT OPINIONS
Posted on July 15, 2009OPINIONS RELEASED 7-15-09Gold - Affirmed (1st Degree Felony Murder of Child) Dijols - Reversed (hearsay can't be sole basis for VOP)Carol-Lisa Phillips - Appeal Dismissed Aleman - Petition GrantedABC News: Sex Offender Begs For More Jail Time (sigh, as usual, no credit for JAABLOG)DBR: Minority groups form with eyes on diverse South Florida judiciarySDFL Blog: Robert Lee is not going to be a Federal Judge (this time)(Also, see the SDFL Blog for interview reports)Full Court Press - Florida State Courts Summer 2009 EditionOrlando - the 3rd-meanest city in America for homelessEsteemed juvenile Judge Cindy Lederman loses top post (new Miami CJ making changes) (Our condolences to the Fields' Family)
JAABCAM
Posted on July 14, 20091.) Trial run of BSO's new prisoner transport system Monday. The secure tubes connect directly to the Main Jail. Savings could reach into the millions annually after expensive infrastructure upgrades; 2.) Let's hope he didn't relapse - Aerosmith drummer Joey Kramer cancels a signing of his sex & drugs & sobriety memoir "Hit Hard: A Story of Hitting Rock Bottom at the Top" (Barnes & Noble Fort Lauderdale); 3...
TUESDAY NOTES (LOUREIRO, TOBIN v. FORMAN, STATZ BY SATZ)
Posted on July 14, 2009Decker & Legakis flank attorney Johnny McCrayClosing Arguments Wednesday - Police Officers Miranda Decker & Emanouel Legakis go into day three of their trial tomorrow. Our favorite newsie was there for a few minutes, but there might not be a story since she was preoccupied with more serious matters...
A NEW STANDARD FOR DVU FIREARM DISCHARGE CASES
Posted on July 13, 2009Fort Lauderdale Police Chief Frank Adderley's wife Eleanor pled this morning. She'll be sentenced by Judge Levenson on August 21st at 1:30 PM. The agreed range is 270 days in the county jail up to 30 months prison. From the sound of statements by the Judge and attorney David Bogenschutz, expect the minimum jail time followed by probation...
SAVE THE IN-CUSTODY DRUG PRGRAMS
Posted on July 13, 2009The Broward Association of Criminal Defense Lawyers Presents Forum on In-Custody Jail Treatment Program Date: Friday, July 24, 2009 Time: 1:00 p...
SOME THINGS NEVER GO AWAY!
Posted on July 08, 2009Will former Chief Judge Dale Ross have to talk? "Judge Ross Would Suffer Unnecessary Annoyance, Embarrassment, Oppression, And Undue Burden If Compelled To Testify" -Senior Assistant Attorney General Charles M...
WEDS NOTES - IRELAND, SAO NEWSLETTER, 4TH DCA OPS
Posted on July 08, 2009The Oakland Raiders' Zack Crockett in the house ...Juror #1 - retired professional football player and Pompano native Zack Crockett helped clear another innocent man from criminal charges in Broward this week. "JAABLOG is for cowards" - Judge Kathleen Ireland has some very definite opinions about our humble little Blog...
BIDWILL RULES
Posted on July 02, 2009Fly me to the moon ...Judge Bidwill recused himself in the State v. Loureiro fiasco. It's up to Chief Judge Tobin to decide whether or not the entire 17th Circuit Judiciary should be disqualified, since he's the only one with the authority to make that decision...
JAABCAM
Posted on July 02, 20091.) Leyritz meets Judge Hurley today for at least the second time. The hearing was rather anti-climatic since Judge Gold had already revoked Leyritz's pretrial release based on the new arrest. The new allegations are supposed to be pretty shaky and full of contradictions, so Leyritz may be back out next week looking for his third strike (photo of the video feed from First Appearances); 2...
CRUEL AND UNUSUAL: HOUSE ARREST WITHOUT A HOUSE
Posted on June 30, 2009Raphael Marquez would rather live in the Broward County Jail than under a bridgeToday's travesty comes in the form of one Raphael Marquez, courtesy of the Florida Legislature.Mr. Marquez was released from Florida State Prison on June 23rd, after serving roughly seven years on a sex offense...
TUESDAY NOTES
Posted on June 30, 2009Grady Ordered Into R.E.A.C.H. - Judge Robinson signed the following order today:The Court having heard the testimony of Dr. Michael Brannon as to his evaluation of the defendant, Charles Grady, orders the defendant Charles Grady to commence outpatient treatment at R...
TUESDAY NOTES (GARDINER, GRADY, FEREN & DEPOTEK IS HERE)
Posted on June 29, 2009Buddy Nevins over at BrowardBeat.com hangs a major curve ball - click here to read his report on Judge Ana Gardiner's request to be removed as a 2009 Hispanic Woman Of Distinction. According to the article, Ana is paying extra special attention to the Judicial Canons of Ethics these days, since "a sanctimonious, largely anonymous crowd of Internet bloggers continue to attack her...
SURPRISE, SURPRISE
Posted on June 28, 2009Critic eats hat - news at elevenA lot can happen in a few days ... which is why we should have tracked down Public Defender Howard Finkelstein before Friday of last week.It turns out our favorite whipping boy has been making concessions after all...
JAMES JONES, PROCESS SERVER
Posted on June 25, 2009James Jones of Out On Bail, Inc.James Jones is a licensed private investigator and process server. You probably recognize James from seeing him around the Broward Central Courthouse. If you have a subpoena you need served, give him a call at 954-644-0274...
JAABCAM
Posted on June 25, 20091.) Hail to the Chief! Marge McClain, of the Hurley/McClains, is the new President of the Broward County Judicial Assistants' Association. Trish Mcgee hands over the reigns after many years of steering the ship on July 15th, when Judge Hurley swears Marge in at the Installation Luncheon; 2...
THEY SAY THE DARKEST HOUR/ IS RIGHT BEFORE THE DAWN*
Posted on June 24, 2009MIAMI HERALDChange sought in Florida prison system"A call by Florida's most powerful business lobby to halt prison construction and reform the criminal justice system is gaining surprising traction among policymakers in the wake of a deepening budget crisis and growing evidence that building new prison beds will not reduce crime...
THE GIFT THAT KEEPS ON GIVING
Posted on June 24, 2009Loureiro is flaring up again - will there be an evidentiary hearing after all?Motion to Dismiss Based on Prosecutorial and Judicial Misconduct? - here is the Motion to Disqualify the 17th Circuit Judiciary filed by attorney Michael Tenzer in State v...
SATZ, INC.
Posted on June 22, 2009SUN SENTINELBroward sheriff's deputy Charles Grady kept badge, job despite repeated complaints from women"A review of Grady's service record by the Sun Sentinel turned up complaints from women over the years who claimed the deputy had berated, belittled, molested, fondled, hog-tied or pepper-sprayed them...
MONDAY NOTES
Posted on June 22, 2009Election Day - Tuesday is election day for the Broward County Judicial Assistants' Association. After many years of service, Trish McGee is hoping to pass the reigns to another dedicated individual with a high threshold for pain (hello, one judge is bad enough - how would you like to handle a hundred of them?)...
DANCE, DANCE, DANCE
Posted on June 19, 2009A "good little tool"?BOB NORMAN'S DAILY PULPThe Florida Bar Strikes a Blow for Unjustice Everywhere " ... the Florida Bar Association is going after lawyer Lawrence "Chris" Roberts...Roberts, you see, had the audacity to tell the truth. He told of Judge Larry Seidlin's improprieties as a judge, about his soliciting of a purse for his wife and a shirt...
JAABCAM
Posted on June 19, 20091.) Happy Anniversary! Gentleman John Kastrenakes celebrates his first full week on the Palm Beach circuit bench Friday (too bad he didn't pay Broward a visit in his former capacity as a DOJ public corruption prosecutor before the Governor made him a judge); 2...
FUN WITH FEREN
Posted on June 18, 2009Feren's courtroom around 3:00 PM ThursdayThis Motion For Disqualification Of Judge was filed today by the Public Defender's Office.We weren't there, but Judge Feren apparently commented on the length of the Motion, and said he needed time to read it...
4th DCA 17TH CIRCUIT OPINIONS
Posted on June 17, 2009OPINIONS RELEASED 6-17-09Imperato - Reversed and remanded Gold - Reversed and RemandedBidwill - reverse and remand for a new trial Englander Henning - Affirm Gates - reverse and remand for the trial court to vacate Cote?s judgment and sentence (Dispositive Motion to Suppress should have been granted) Michael Kaplan - Reversed and Remanded(Felony DUI should not have been dismissed due to loss of DUI Video by the State)Carney - Affirmed in part; reversed in part Bowman - Reversed and remanded for further proceedingsRosenberg - Affirmed Gardiner - reverse and remandKrathen - Petition Denied Bidwill - Reversed and remandedGold - Reversed and Remanded for Further Proceedings (Does not include PCAs)
WHO IS STEVEN FEREN & WHY DID HE WANT TO BE A JUDGE?
Posted on June 17, 2009Judge Feren doesn't want you wasting his precious time...
TUESDAY NOTES
Posted on June 16, 2009Coming soon - Juvenile Judge Feren's first star turn on JAABLOG. There's a transcript floating around out there, and it's a doozy. Will this be the end of his short stay in the criminal division? Did he really mean all those silly things he said, or is he just looking to get over to civil and out of the crappy mock courtroom he's stuck in now? Stay tuned ...
DALE ROSS REDUCED TO BEGGING?
Posted on June 15, 2009"You did not respond to my last email. Could you respond? Call me...
JAABCAM
Posted on June 14, 20091.) Lamberti & Finkelstein share a twenty year old joke before Friday's PSCC Meeting (Sheriff Al started his BSO career in the courthouse, working in the Main Jail which was housed on the seventh floor; 2.) No, that's not David Bogenschutz in the seersucker suit and white bucks...
JAKOVICH vs. VITALE
Posted on June 12, 2009Robert Abraham Jakovich Howard Finkelstein made the following announcement earlier today:GOOD LUCK ROBIt's official. Assistant Public Defender, Major Crimes Attorney, Rob Jakovich has filed his papers to run for Circuit Judge in Judge Vitale's slot...
THURSDAY NOTES
Posted on June 11, 2009Kenneth Pierce with his attorney Ed HoegCongratulations to Clement Dean on his Not Guilty in the non-capital murder one that finally wrapped up before Judge Lebow today. The rubber match went to Dean after two prior hung juries...
JAABCAM
Posted on June 10, 2009The Courthouse crime spree continues - first Judge Seidman's computer is stolen, then 1.) The mirrors from the eighth floor Men's Room go missing, and then 2.) Judge Carol-Lisa Phillips' golf cart disappears (that's the Judge and BSO searching for her transport Wednesday at lunch time); 3...
4TH DCA 17TH CIRCUIT OPINIONS
Posted on June 10, 2009OPINIONS RELEASED JUNE 3, 2009Weinstein - Reversed and Remanded Levenson - AffirmedGrossman - Reversed and Remanded Lazarus - reverse and remand for a new trialAvalos (!) - Affirmed Englander Henning - ReversedDale Ross - Reversed Andrews - Reversed and Remanded for further proceedingsAndrews - Reversed and Remanded Englander Henning - Reversed and remanded with instructionsRodriguez-Powell - Petitioner discharged from ProsecutionOPINIONS RELEASED JUNE 10, 2009Williams - Reversed and Remanded with Directions Williams - Reversed and RemandedLynch - Petition granted, order quashed and cause remanded
MINDY SOLOMON MAKES IT OFFICIAL
Posted on June 10, 2009Chief Assistant Public Defender Mindy SolomonMindy files for 2010. Former homicide prosecutor, current Chief of County Courts for the Public Defender (formerly in charge of the Juvenile Division), and Nova Law Professor Solomon is running for retiring Judge Shutter's county court seat...
TUESDAY NOTES - GRADY GRADY GRADY
Posted on June 09, 2009Sorry Cheryl, it's real - Sandra Perlman has made it official. She's the first 2010 circuit court candidate from the 17th to file with the Division of Elections. Here are the announced county candidates.Head 'em up, move 'em out! - Reports came in today that Sheriff "Rowdy Yates" Lamberti has already begun to move prisoners out of the Stockade...
OPEN YOUR EYES
Posted on June 07, 2009Friday's emergency PSCC meeting was canceled. It's supposed to be rescheduled for some time this week, unless Sheriff Lamberti backs off his position to cut all in-custody drug treatment programs, in addition to shuttering the Stockade facility...
SAO SCANDAL BREWING
Posted on June 05, 2009Grossman, Milian & Grady at his pleaWe've been navigating a minefield all week regarding exclusive rights to a ticking bomb of a story. We're told that both papers have it now, so all bets are off. In a nutshell, the public records request filed by the Public Defender's Office regarding former Deputy Charles Grady has, unfortunately, borne fruit...
SPRING CLEANING
Posted on June 02, 2009JAABLOG WILL RETURN SHORTLY WITH NEW, UNIMPROVED CONTENTIn the meantime, chew on the latest volley in the Spechler v. Tobin appeal.
JAABLOG CENSORED (AGAIN)
Posted on May 29, 2009JAABLOG is once again blocked from the public access computers in the law library. The same thing happened about a year ago, when an angry and embarrassed judge (we think) called in a favor with the County's technology people. The Blog was blocked, we publicized it, it was unblocked, then blocked again, and then unblocked again after everyone remembered Broward was still part of the United States of America...
ASA DAVID BRAUN ARRESTED
Posted on May 29, 2009DEVELOPING ...Rumor has it the charge is Battery on a LEO, but we can't confirm at this time. WHAT'S WRONG AT THE BROWARD SAO?
DUDE, WHERE'S MY CAR?
Posted on May 28, 2009Check out the police report in State v. Mercer.(JAABLOG will update at the usual time tonight)
BILL SCHERER'S SON-IN-LAW ARRESTED FOR TRAFFICKING
Posted on May 27, 2009Anthony Mercer got popped last week. He's set before Judge Gates. Docketrack shows a slew of impending charges:I. Trafficking Cocaine (+28 grams)II. Poss Cannabis (+20 grams)III. Poss OxycodoneIV. Poss HydrocodoneV. Poss ClonazapamVI...
4TH DCA 17TH CIRCUIT OPINIONS
Posted on May 27, 2009OPINIONS RELEASED 5-27-09O'Connor - Affirmed Levenson - Affirmed Gardiner/Backman - Reversed & Remanded (sleeping juror case) Englander Henning - Reversed Weinstein - Petition Quashed (client sues lawyer & waives atty/client privilege)Lazarus - Reversed and Remanded Gates - Affirmed (4th again whines about length of postconviction relief motions)
JUNE 3RD MEET & GREET WITH JEFFREY BACKMAN
Posted on May 27, 2009County Court Candidate BackmanSteve Melnick invites everyone to his office on Wednesday, June 3rd, for a Jeff Backman meet & greet.Melnick's place is right across from the Central Courthouse, near the PD's old juvenile division offices...
MONDAY NOTES
Posted on May 26, 2009PD alums Gabe Grasso & Ed HoegLas Vegas attorney Gabriel Grasso was in the house Monday. Most recently all over the news representing OJ Simpson, Gabe kept us enthralled with stories of the boundless opportunities for criminal defense lawyers in Sin City...
JAABCAM: MEMORIAL DAY EDITION
Posted on May 25, 20091.) The National WWII Museum is a nice walk from the French Quarter in New Orleans (or a quick streetcar ride on the St. Charles Line); 2.) German Enigma machine (breaking the code shortened the War by roughly two years); 3.) M2-2 Flamethrower (today we have blogs); 4...
JAABLOG'S ONCE UPON A TIME
Posted on May 21, 2009JUSTICE? THERE OUGHT TO BE A LAWby Sue Reisinger, February 7, 2000 (Copyright 2000 Miami Herald Media Co.)"Hello, ladies and gentleman. I?m your friendly bailiff, and I?ll be helping you make your way through the Broward County court system today. If you are a wealthy and well-connected juror who wants to be excused from jury duty because you don?t want to be bothered, step forward now...
JAABCAM
Posted on May 21, 20091.) Are you in with the In Crowd?; 2.) Yet another picture of Tuesday's daring escape attempt; 3.) Tracy and Bill Cone; 4.) Dennis Siegel, head of the SAO's Sexual Battery Unit, relays an offer of a downward departure, three years probation, special condition castration; 5...
4TH DCA 17TH CIRCUIT CRIMINAL OPINIONS
Posted on May 20, 2009OPINIONS RELEASED 5-13-09Holmes - Affirmed Orlando - Reversed Horowitz - ReversedOPINIONS RELEASED 5-20-09Gardiner - Reversed & Remanded Krathen - Affirm/Resentence (Yisrael PRR issue)_ Gardiner - Affirm/Resentence (Yisrael PRR issue) Carol-Lisa Phillips - Reversed and remandedSUPREME COURTNotice of Proffer - Additional Proof in Marek State's Motion To Strike Additional ProofCondemned South Florida killer has appeal hearing todayOnly Florida's governors can say how they pick execution order"Crist picked out Marek and Johnston from nearly two dozen death-row inmates whose appeals are exhausted...
LARRY CLEARED (AGAIN)
Posted on May 20, 2009HERALDHerald: Ex-Broward Judge Larry Seidlin cleared in 2nd investigation AFTER YESTERDAY'S ANNOUNCEMENT IS ANYBODY REALLY SURPRISED?Carmel Cafiero has a report on Channel Seven at 6:00 - Larry may not be completely out of the woods just yet ...
IT'S UP TO TOBIN, BUT DON'T HOLD YOUR BREATH
Posted on May 19, 2009We just spoke the the Supreme Court Clerk's Office.An order has been issued in Loureiro.The Agreed Motion To Vacate has been granted, with a twist.Here's the Order:"The "AGREED MOTION TO AMEND MARCH 31, 2009 RELINQUISHMENT ORDER TO RELINQUISH JURISDICTION TO THE CIRCUIT COURT FOR THE SEVENTEENTH JUDICIAL CIRCUIT (BROWARD COUNTY) SO THAT AN AGREED MOTION TO VACATE THE SENTENCE AND CONVICTION CAN BE FILED AND A NEW TRIAL ORDERED" is hereby granted and we issue the following revised order in place of the order dated March 31, 2009...
MUHAMMAD ALU
Posted on May 19, 2009Sheila Alu stands up for the U.S. ConstitutionTHE DAILY PULPSupreme Court Speaks; Will Gardiner Skate? " "Judge Gardiner violated this person's Constitutional rights, she lied under oath, lied about me, and she gets away with it," Alu said. "It went to the highest court in Florida and she still sits on the bench...
THE HEEL OF THE FASCIST BOOT
Posted on May 19, 2009The Loureiro saga is rapidly winding down to its foregone conclusions. It's hard to imagine anyone being surprised at the outcome. It's also unfair to think it would have been handled any differently in other jurisdictions across the country...
ATTENTION SUPREME COURT: RON CACCIATORE WEIGHS IN
Posted on May 18, 2009DAILY PULPWitness: The Late Judge Charlie Kaplan Confirmed Ana Gardiner Judicial Misconduct" "Tell you what, I'll challenge to Ana Gardiner to take a lie detector test with me," Cacciatore says. "If she's lying, she will resign from the bench...
WILL THE SUPREME COURT GIVE SATZ WHAT HE WANTS?
Posted on May 18, 2009From Bob Norman's "Judging Ana"THE DAILY PULPThe Cover-Up: Judge Ana Gardiner Lied Under Oath"If you haven't read Judge Ana Gardiner's transcript, you should. It says more about Broward County corruption than anything I could ever write. And it's clear that Gardiner has lied under oath and should be investigated and ultimately criminally charged for doing so...
JAABCAM
Posted on May 17, 20091.) The little blue man means we're on the record - Judge Frusciante appears by phone (he'll play Charlie in the next Charlie's Angels flick); 2.) Judge Williams mentoring a class of fourth graders from Westwood Heights Elementary; 3.) Out in the west Texas town of El Paso ...
CONCESSION!
Posted on May 15, 2009Filed in the Florida Supreme Court today in the matter of State v. Loureiro:"AGREED MOTION TO AMEND MARCH 31, 2009 RELINQUISHMENT ORDER TO RELINQUISH JURISDICTION TO THE CIRCUIT COURT FOR THE SEVENTEENTH JUDICIAL CIRCUIT (BROWARD COUNTY) SO THAT AN AGREED MOTION TO VACATE THE SENTENCE AND CONVICTION CAN BE FILED AND A NEW TRIAL ORDERED"A new trial in a death penalty case...
THURSDAY NOTES
Posted on May 14, 2009FRIDAY, FRIDAY, FRIDAY ... There's a status hearing in the Loureiro matter before Judge Lucy Chernow Brown in Palm Beach tomorrow. Conventional Wisdom has it that the State will CONCEDE the evidentiary hearing set on May 26. The discovery process has thus far ground to a halt, and apparently all eyes are now focused on Judge Brown, since it's up to her whether or not she'll accept a concession and allow a new trial without any further investigation...
LOUREIRO UPDATE
Posted on May 14, 2009The status hearing in Palm Beach is set for tomorrow at 3:30.Judge Brown's JA reportedly told at least one caller that the hearing may be canceled, because Bruce Rogow, representing the Broward State Attorney's Office, filed a motion with the Supreme Court today...
TONIGHT AT TEN
Posted on May 14, 2009Carmel Cafiero keeps up the pressure on Larry Seidlin. She has a feature running tonight at ten on Channel Seven, detailing some of the expenses the Seidlins made with the old lady's money. The piece will also run Friday, between 5:30 and 6:30 PM...
PSCC MEETING
Posted on May 14, 2009The PSCC met today. Jordana Mishory from the Daily Business Review was there, so we'll just hit the highlights.Jail population is sitting at 88%. BSO describes this number as "perfect." Of course, the impending shutdown of the Stockade and cutbacks to in-custody drug rehab programs are a major concern (the programs are often used by the State and judges as mitigators, which reduce the length of jail stays)...
THE SEVENTEENTH
Posted on May 11, 2009The Online Newsletter of the State Attorney's Office, 17th Circuit May, 2009*Florida Supreme Court postpones Marek execution despite Weinstein's ruling for the State*"The new evidence is very solid and the new evidence should require that Mr...
DOES DENNIS SIEGEL APPROVE OF THIS DEAL?
Posted on May 08, 2009School Board fires teachers from Pembroke Pines and Hollywood Investigators in the past cleared Grady of a battery allegation and a molestation allegation (Thanks to the old souls club)
JAABCAM
Posted on May 08, 20091.) A cool picture straight out of Point Blank. The third member of Grady's defense team - David Schulson of Grossman, Milian & Schulson during the plea; 2.) Grady's lead defense lawyer Rhea Grossman with Studly himself; 3.) Victim Erin Shifflett crying after the hearing with Attorney Todd Onore...
THURSDAY NOTES
Posted on May 07, 2009Mike Satz: AnachronismThings are busy as ever in Broward's Central Courthouse.Where to start?Word came late this afternoon that Edward Howard was found not guilty before Judge Bidwill. Of course, an acquittal in a violent felony comes as no surprise in the land that time forgot, where King Satz proudly wears the statewide Biggest Loser crown...
4TH DCA 17TH CIRCUIT OPINIONS/ADDERLEY ONTO 3RD JUDGE
Posted on May 06, 2009Luzzo - 4th Certifies a Question INCIDENT TO AN ACTION AT LAW, MAY A TRIAL COURT ISSUE AN INJUNCTION TO FREEZE ASSETS OF A DEFENDANT, WHERE THE PLAINTIFF HAS DEMONSTRATED: (1) THE DEFENDANT WILL TRANSFER, DISSIPATE, OR HIDE HIS/HER ASSETS SO AS TO RENDER A TRIAL JUDGMENT UNENFORCEABLE; (2) A CLEAR LEGAL RIGHT TO THE RELIEF REQUESTED; (3) A SUBSTANTIAL LIKELIHOOD OF SUCCESS ON THE MERITS; AND (4) A TEMPORARY INJUNCTION WILL SERVE THE PUBLIC INTEREST? Goldenberg - Reversed Andrews - Affirmed in part, reversed in part, and remandedLynch 1 - reverse and remand Lynch 2 - reverse and remand (Columbia U & Flipper)Greene - Order Quashed/Remanded*SENTINEL: Destry steps down in case against Fort Lauderdale police chief's wife*" ...
JAABCAM: I WANT TO LIVE!
Posted on May 06, 20091.) Twenty-six year resident of Death Row John Marek, with attorneys Martin McClain and Linda McDermott. The Governor signed Marek's Death Warrant in late April, and his execution is set for May 13th. The cause is before Judge Weinstein on an Emergency 3...
WILL SATZ CONCEDE WITHOUT RELEASING THE TRANSCRIPTS?
Posted on May 04, 2009Depositions were taken in State v. Loureiro last Thursday. Judge Gardiner, Howard Scheinberg, and a civilian witness gave testimony. The depos were taken by Carey Haughwout on behalf of her client, Loureiro. Bruce Rogow was present on behalf of the 17th Circuit State Attorney, the prosecuting authority, as reportedly was counsel for Gardiner (a lawyer from Palm Beach), and Scheinberg (reportedly Bruce Lyons, Satz's old law school chum)...
JUDGE JAHRA?
Posted on May 04, 2009Jahra McLawrenceRumor has it that Jahra McLawrence will soon announce his candidacy for judge.It's still up in the air whether he'll run against a sitting judge, or file in an open seat.We, of course, hope it's the former. There are plenty of judges out there who need to be "retired...
LEGISLATIVE UPDATE
Posted on May 04, 2009State employees making over $45,000 a year will take a 2% pay cut, starting July 1st, 2009:Florida lawmakers agree to cut pay of some state workersThe following information is just what we're hearing. Please post a comment if we have anything wrong...
JAABCAM
Posted on April 30, 20091.) 2010 Candidate Sandra Perlman practices her "vote for me" smile; 2.) The accent over Aleman's name - will it make it onto the ballot in 2010? (thanks to "Watch the accent!"); 3. 2010 Candidate Bruce Raticoff (sadly, O'Connor & Bruce are pals); 4...
SAY IT AIN'T SO, MIKE...
Posted on April 30, 2009Will the Loureiro Express crash & burn? Did Howard Scheinberg meet with Mike Satz, or representatives of the SAO, before Satz's trip to Tallahassee?Did Ana Gardiner attempt to, or actually speak with, Rogow or representatives of the SAO?Has the SAO been lobbied to CONCEDE the May 26 evidentiary hearing currently set before Judge Chernow Brown in Palm Beach?Will the SAO agree to a new trial in State v...
BOONDOGGLE! (Or "New Courthouse by Hook or by Crook")
Posted on April 30, 2009BROWARDBEAT.COMCourthouse Parking Cut By 250 Spaces "Condominium residents have the right to park in the garage under a 1993 agreement signed by the county commissioners. The 99-year deal allows the condominium to the exclusive use of spaces in the garage for $27-per-month, according to a Sun-Sentinel article at the time...
COHEN STAYING PUT...
Posted on April 29, 2009Or so we're being told. Apparently the 4th DCA has issued a one page Order today denying the Emergency Petition For Writ of Prohibition "on the merits." We don't have a copy of the Order, but the good folks at the 4th read it to us from the State v...
17TH CIRCUIT 4TH DCA OPINIONS/NACDL MM REPORT
Posted on April 29, 2009"The Terrible Toll of America's Broken Misdemeanor Courts"OPINIONS RELEASED APRIL 29, 2009Lazarus - Affirmed Dijols - Affirmed in part, reversed in part, and remandedEade - Reversed and remanded Grossman - Affirmed Andrews - Reversed and remanded Goldstein - Reversed and remandedBidwill - Reversed and Remanded (Does not include PCAs)NATIONAL ASSOCIATION OF CRIMINAL DEFENSE LAWYERSMinor Crimes, Massive Waste: The Terrible Toll of America?s Broken Misdemeanor Court"The explosive growth of misdemeanor cases is placing a staggering burden on America's courts...
FUN WITH ADMINISTRATIVE ORDERS/BUDDY OUTS MINDY
Posted on April 29, 2009Did you know that the 17th Judicial Circuit, the "tough on crime" land of Mike Satz & former Chief Judge Dale Ross, is the only jurisdiction in the entire United States of America to have a special day of distinction when all court business is in appreciation of a convicted felon and ex-federal prisoner? Yup, it's true...
JAABLOG'S 411
Posted on April 28, 2009Do you have a Question?We here at JAABLOG figure it's about time to put Broward's nascent transparency movement onto the fast track. Frankly, we don't want to keep doing it alone. It's boring.Here's the idea: by posting a comment, or through the Anonymous Tips box on the left side of the Blog, send us questions you want answered by BSO, the SAO, the PD, Court Administration, the judiciary, or any other governmental agency you fancy...
BONUS FOR BIG AL & $150 AN HOUR FOR ROGOW
Posted on April 28, 2009Hey Grandpa!Congratulations to Jennifer, Craig, Phyllis, and the Bossman on the birth of happy, healthy Maya. Lonestars all around!Thanks to the good folks in the public information office at the SAO for coming through so quickly...
BSO SOLVES HOMELESS PROBLEM
Posted on April 27, 2009SCOTT MCCALLPermanent Address: "At Large"Current Address: Broward County Jail (can't make $350.00 Bond on Felony Petit Theft charge)PC AFFIDAVIT"Defendant was observed using electrical outlet outside 7-11 for approximately 2 minutes ....
GREAT NEWS: JENNE GOT ALONG FINE WITH THE BLACKS!
Posted on April 26, 2009Soul Brother No. 1 with David BogenschutzBROWARDBEAT.COMJenne Gets On With His Life"Jenne had to stuff paper in the crack at the base of the door to keep the rats from his cell. If he put his food down for more than five minutes, roaches got to it...
SAVE YOUR SPOT ON THE LOUREIRO EXPRESS
Posted on April 26, 2009Save the Date: Tuesday, May 26thJAABLOG presents The Loureiro Express.Round trip, door to door transportation for the evidentiary hearing starring Broward judges & prosecutors, before the Honorable Lucy Chernow Brown. Leaves from the judges parking lot, Broward Central Courthouse, at 7:15 AM Tuesday, May 26th, arriving at the Palm Beach Courthouse at 8:15 AM...
JAABCAM
Posted on April 24, 20091.) Sheriff Al smiling on his home turf, despite having just left a budget meeting with a county commissioner; 2.) "Orlando Al Fresco"; 3.) Specialized FPL crews working double overtime in Wilton Manors (and loving it!); 4.) The one & only Denzil; 5...
PERLMAN v. ALEMAN
Posted on April 24, 2009Perlman & Reres during the William Coday trialDBR'S INSIDE TRACK BLOGJudge Aleman may face opposition from familiar faceAND WHAT ABOUT RATICOFF?Double Dippers: Florida public officials cash in with big retirement payouts"(Judge Stanton) Kaplan "retired" Dec...
JAABLOG'S ONCE UPON A TIME: MEMOS, SCRIPTS & LOE
Posted on April 23, 2009All kinds of wacky stuff is ending up in our mailbox and ears these days. Check out this memo from Michael J. Satz to all ASAs, dated October 1, 1998. It's titled "New Office Policies under the Criminal Punishment Code," and was sent out after the last round of major changes to the scoring system...
NATIONAL TAKE YOUR KID TO WORK DAY
Posted on April 22, 2009APRIL 23, 2009 The Take Our Daughters And Sons To Work Day program was founded to create an opportunity for girls and boys to share and communicate their expectations for the future...
JAABCAM: PROTEST!
Posted on April 22, 20091.) Los Interpretes necesitan un aumento de sueldo; 2.) Special Master Bruce Lincoln stands up for the little guys; 3.) Co-conspirator/organizer Jason Blank interviews himself for CBS Four; 4.) Co-conspirator/organizer Dale Miller interviewed by WIOD NewsRadio; 5...
4TH DCA 17TH CIRCUIT OPINIONS
Posted on April 22, 2009OPINIONS RELEASED APRIL 22, 2009O'Connor - Affirm/Reverse Williams - Petition for writ of habeas corpus deniedBowman - Affirmed Dijols - Affirmed BLAST FROM THE PAST: Landry v...
COHEN IN DISTRESS
Posted on April 22, 2009Cohen FinkelsteinThe Public Defender's Office has filed a Motion For Disqualification Of Judge with Judge Geoffrey Cohen.Judge Cohen is, of course, the presiding judge in the felony domestic violence division...
SCOTUS DECIDES MAJOR SEARCH INCIDENT TO ARREST CASE
Posted on April 21, 2009ARIZONA v. GANT"Police may search a vehicle incident to a recent occupant?s arrest only if the arrestee is within reaching distance of the passenger compartment at the time of the search or it is reasonable to believe the vehicle contains evidence of the offense of arrest...
JAABCAM
Posted on April 20, 20091.) Glassman, Salesman & Schwartzreich await the jury this morning to commence voir dire on trial number two; 2.) Bogenschutz & Murphy at last week's hearing for Adderley (COP set for May 7th @ 1:30 - "Bogenschutz said a sentence that includes incarceration is likely...
PROTEST!
Posted on April 20, 2009LET YOUR VOICE BE HEARD!!Holy Ghost of Thomas Paine! An anonymously authored flyer made the rounds of the courthouse Monday, bearing the above-styled caption.The rest of the missive:COME JOIN A LUNCH HOUR PROTEST OF THE PROPOSED SALARY CUTS FOR STATE EMPLOYEESWEDNESDAY, APRIL 22, 2009, 12 - 1:30 P...
GRADY GRUDGEMATCH: MILIAN vs. DIAZ
Posted on April 17, 2009Not Grady, but a funny picture nonethelessAttorneys Al Milian and Rhea Grossman have filed a Motion for Disqualification in the former Deputy Charles Grady case.Check it out here.The allegations: 1. Diaz refused to set a quick change of plea after the Information was served on April 2nd, which the parties wanted since a plea agreement had already been negotiated in the hope of avoiding prolonged media attention...
JAABLOG RUMOR MILL
Posted on April 16, 2009Back to the Feds?Just one big fat rumor today. It's all over the courthouse anyway.Will Judge Ilona Holmes be chosen to replace Alex Acosta as the United States Attorney for the Southern District of Florida?We hear she has a pretty good shot...
17TH CIRCUIT 4TH DCA OPINIONS
Posted on April 15, 2009OPINIONS RELEASED 4-15-09Rothschild - Reversed Gardiner - Reversed and Remanded Phillips - Affirmed Rothschild - Affirmed in part; reversed in part, and remanded Rothschild - Affirmed Gardiner - Reversed and RemandedGoldstein - Reversed and Remanded with Directions Carney - AffirmedLevenson - Affirmed and Remanded Murphy - ReversedKrathen - Reversed O'Connor - Affirmed (Does not include PCAs)*Judge Seidlin's Clan Removed From Widow's Will *Sun-Sentinel Reporters Cut Off At Courthouse BrowardBeat...
BROWARD COUNTY TAX DAY TEA PARTY
Posted on April 15, 2009Wednesday, April 15, 2009 5:00pm - 8:00pm Federal Building 299 East Broward Boulevard Fort Lauderdale, FL
JAABCAM GETS THE VELVET BOOT
Posted on April 15, 20091.) Hmmm, what's this all about? ... ; 2.) ... Why, it's a presentation by a panel of 4th DCA judges for the benefit of the 17th Circuit Judiciary, Wednesday at noon, Judge Lebow's courtroom (Gross, May, Warner, Levine, Taylor, Gerber, Farmer & Damoorgian)...
THE BIRD IS THE WORD
Posted on April 13, 2009Everyone's favorite case filer strikes again.Good old Mark Horn.No job too large, too small, or too wrong.Whether it's taser victim Kevin Bradley, or elevator beatdown victim Joshua Ortiz, Satz can count on Horn.Today's episode concerns a preposterous PC Affidavit, a rock (no, not a cocaine rock, a rock as in a "VALTOX tested positive" stone), a negative lab report, and, drum roll please, felony charges for one Anthony Bellamy...
COURTHOUSE LOSS
Posted on April 13, 2009Daniel Futch Sentinel: Daniel Futch, longtime Broward judge, dies at 75 (thanks to "Judge Futch Died this Weekend")
STATUS THURSDAY @ 1:00 PM
Posted on April 13, 2009Do you smell blood?The Omar Loureiro saga gets more interesting every day.Today the 17th Circuit State Attorney's Office confirmed that it is their intention to hire Bruce Rogow to represent them in the Palm Beach proceedings. What for? That's anyone's guess, although Scheinberg worked for them when this all supposedly went down, while whistle-blower Sheila Alu currently hangs her shingle at the SAO...
SHOUT OUT TO ALL THE GOOD ASAs
Posted on April 10, 2009"What's the problem? They get to wear jeans...
BAD FRIDAY FOR GARDINER & SCHEINBERG
Posted on April 10, 2009HERALDInvestigation ordered into conduct of Broward judge, prosecutor"Michael Tenzer, Loureiro's lawyer during the initial trial, said he believed the Supreme Court has done the right thing.''If they are true,'' Tenzer said of the allegations, ``I would suspect that something should be done...
ECON 101/MAKE SATZ PAY TOO
Posted on April 09, 2009ST. PETE TIMESIRS may have bad news for double-dippers "IRS regulations prohibit employees who have not reached normal retirement age from collecting retirement benefits unless they are bona fide retirees and have terminated employment with no anticipation of continuing to work at the same job, according to a Washington tax lawyer who advises Florida pension officials...
4TH DCA 17TH CIRCUIT OPINIONS
Posted on April 08, 2009OPINIONS RELEASED 4-8-09Phillips - Remand to Dismiss w/o Prejudice Horowitz - Reversed and RemandedLevenson - No DJ Preclusion Backman - Reversed and RemandedGarcia-Wood - Affirmed in part; Reversed in part Rodriguez-Powell - Habeus Petition Dismissed"We dismiss the petition...
AGAIN & AGAIN & AGAIN & AGAIN, DO IT AGAIN...
Posted on April 08, 2009Title courtesy of The Bird and The BeeFor your viewing pleasure, please enjoy Cheryl Aleman's Public Reprimand, Again & Again & Again & Again & Again & Again & Again & Again Again & Again & Again & Again Again & Again & Again & Again Again & Again & Again & Again Again & Again & Again & Again & Again & Again & Again & Again Again & Again & Again & Again Again & Again & Again & Again Again & Again & Again & Again Again & Again & Again & Again Again & Again & Again & Again Again & Again & Again & Again Again & Again & Again & Again Again & Again & Again & Again Again & Again & Again & Again Again & Again & Again & Again Again & Again & Again & Again Again & Again & Again & Again Again & Again & Again & Again Again & Again & Again & Again Again & Again & Again & Again Again & Again & Again & Again & Again & Again & Again & Again Again & Again & Again & Again Again & Again & Again (ALEMAN VIDEO: Choose your media player under "April 7, 2009")...
RECEIPT
Posted on April 08, 2009It's true - the SAO is now charging for Discovery.Is it on all cases? The one we got is from ROC/CCU, dated April 3rd.Here's the lingo:"Discovery material in the above-referenced case is available for viewing or you may wish to have a copy by executing the original of this receipt and return it with a check payable to the State of Florida...
REAM & SUGAR
Posted on April 07, 2009Enjoy your coffee this morning with a little ream and sugar.Judge Aleman will be holding her head low at 9:00 AM.Here's the link: http://www.wfsu.org/gavel2gavel/index.phpAnd check out everyone's favorite walking soundbite, Howard Finkelstein, in the Herald:``I think it's very important that judges understand that they are judges and not God...
THE SEVENTEENTH
Posted on April 07, 2009The Online Newsletter of the State Attorney's Office, 17th CircuitAPRIL, 2009"SAO employees wil likely avoid any more furlough days this budget year ending June 30..."SENTINELBroward judge reprimanded live online for misconduct featuring The Transcript...
VERY MYSTERIOUS...
Posted on April 07, 2009The saga of Omar Loureiro continues. Sources tell us he's out of Broward County's jurisdiction for the time being, apparently set before a Palm Beach judge for his upcoming evidentiary hearing. We could not, however, find any listing for "Omar Loureiro" on the Palm Beach Clerk's website...
MEET JUDGE MERRIGAN
Posted on April 07, 2009We're being told that Edward Merrigan replaces County Court Judge Robert Zack.No official word from the Governor's Office yet, but not a surprising development. Congratulations To All The Finalists:Melinda Brown, Brenda DiIoia, Jorge Hurtado, Christopher Pole, and Michael Robinson...
LEVINE & GERBER TO THE 4TH
Posted on April 07, 2009GOVERNOR CRIST APPOINTS JUDGE JONATHAN GERBER AND SPENCER LEVINE TO FOURTH DISTRICT COURT OF APPEAL Press ReleasePolitics as UsualCongrats to the winners and to Judge Rosenberg, who was the other 17th Circuit candidate still in contention.ZACK'S REPLACEMENT TO BE OFFICIALLY NAMED MOMENTARILYNYT: Jail in Florida, other states, if you can't pay court costsNYT: State Law to Cap Public Defenders? Caseloads, but Only in the City NYT Editorial: The New Debtors? Prisons NYT: Dismayed Lawyers Lay Out Reasons for Collapse of the Stevens Conviction NYT: 40 Years on, It?s Woodstock ?The Brand? NYT: The Lines a German Won?t Cross NYT Book Review: Stones' hanger-on Bill GermanDBR: Seminole tribe holds all the cards in legal disputesFlorida high court ruling could restrict access to digital recordings of trials Brevard: Intoxilyzer may topple convictions
JAABCAM
Posted on April 07, 20091.) Grady ducks the camera Friday, while speaking to his attorneys Grossman & Milian (DUI cop defended by DUI charged lawyer - another "only in Broward" first!); 2.) Guiness Book World Record Holder Steve Plant (87 continuances in one day); 3.) Tobin & Seiler at Friday's Courthouse Task Force meeting; 4...
ANOTHER DUBIOUS HONOR FOR SATZ VAN WINKLE
Posted on April 05, 2009"Zzzzzzzzzzzz"Min/mans for junkies policy a miserable failure; Recent statements to Grand Jury obviously in reaction to mounting outside pressure; Will Satz follow-through and prosecute powerful businessmen/doctors, and stop preying on the poor and sick? Will he stop wasting our resources on senseless, expensive and ineffective prosecutions?HERALDBroward County has become the painkiller capital of the United States ''We are source-supplying many other states...
NOT SO FAST...
Posted on April 04, 2009Fly me to the moon...THE SUPREME COURT HAS RELINQUISHED JURISDICTION IN OMAR LOUREIRO vs. STATE OF FLORIDA .AN EVIDENTIARY HEARING WILL BE HELD BEFORE JUDGE BACKMAN, TO DETERMINE IF THERE WAS PROSECUTORIAL AND JUDICIAL MISCONDUCT DURING LOUREIRO'S DEATH PENALTY TRIAL...
CARMEL ON THE CASE TONIGHT
Posted on April 03, 2009CHANNEL SEVEN NEWS, FRIDAY AT 6 & 10 Get your Tivos Runnin' and...
TWO COUNTS MM BATTERY FOR GRADY
Posted on April 02, 2009Deputy Charles Grady charged by Information in 09-007521-MM10A. (No police report in the file - both alleged victims are female) SHADES OF ADDERLEY OR THE PROPER CHARGES? STAY TUNED...
JAABCAM
Posted on April 02, 20091) Berkowitz, Kulik, and Lewis picking a jury for the third time in the same DP case today; 2) Lou Toman,witness to history, strikes a pensive pose (how about our mood lighting Lou?); 3) George Allen behind the wheel of his trademark Rolls Silver Spur, without his trademark hat; 4) BrowardBeat...
A HIGHLY CYNICAL PLOY
Posted on April 01, 2009A lawyer since 2003After years of rumors and comments on our humble little blog, and a press release yesterday by Buddy Nevins, the Backman family has made it official.Newbie lawyer Jeffrey Backman has signed up to run for County Court...
4TH DCA 17TH CIRCUIT OPINIONS
Posted on April 01, 2009OPINIONS RELEASED APRIL 1ST, 2009M. Kaplan - Affirmed Phillips - Reversed and RemandedON MOTION TO ENFORCE MANDATE - State Fails To Act In Timely Fashion (Backman)Bidwill - Reversed and Remanded Gates - Petition Granted "Petitioner Chay Alexander challenges his bond totaling $1,251,100...
BACDL HARRY GULKIN AWARD DINNER
Posted on March 30, 2009The Broward Association of Criminal Defense Lawyers Cordially requests your presence at the Harry Gulkin Award Dinner Honoring the late Honorable Howard Zeidwig and the late Honorable Charles Kaplan Wednesday, April 22, 2009 at 5:30 PM at the Tower Club One Financial Plaza, 28th Floor, Fort Lauderdale, Florida $100 per person Business Attire $50 gov't employees Complimentary Valet Seating is limited RSVP by April 8, 2009 If you wish to attend please print out the attachment and mail the response card and your check to: Teresa Williams, 633 S...
BELINDA FIGHTS BACK
Posted on March 27, 2009TMZCrying Anna Nicole Judge Accused of Abuse"Larry's wife, Belinda, tells us the caretaker is really a housekeeper -- not a nurse. Belinda says she and Larry don't live with the old lady, have nothing to do with her care, but did recommend to the agency which supplies nurses for Barbara's care that the caretaker wasn't up to the job and that she return to housekeeping duties...
COURTHOUSE LOSS
Posted on March 27, 2009Warner Olds (circa 1970)Olds, Warner Smith, passed away on March 24, 2009, after a long and courageous battle with brain cancer, which he endured with great strength and humor. Son of Leslie and Ruth (Mauldin), he was born on August 14, 1937, in Cordele, Georgia, a place he described as "the watermelon capital of the world...
ATTICUS DEAN
Posted on March 26, 2009Clement Dean after the hearingAttorney Clement Dean successfully mitigated Toderick Raymond's 25 + 5 sentence this afternoon before Judge Dale Cohen. The sentence now stands at 17 years Florida State Prison, followed by 13 years of probation...
JAABCAM
Posted on March 26, 20091) Retired Court Deputy Tim Sullivan pays a visit to his old kingdom; 2) The always patient Brenda;3) John Charles Reasee II led into Geoff Cohen's courtroom the day after being foiled by Batman;4) The old rooftop inmate rec area from when the Main Jail was housed on the 4th, 5th, and 6th floors of the old courthouse (view from outside Eileen O'Connor's courtroom on the 8th floor); 5) The Law Library build-outfinally opened Tuesday, featuring spacious riverfront study areas (sorry, Doc); 6) Some poor slob lost his teeth up by Conte (luckily, bologna is easily gummed).
4TH DCA 17TH CIRCUIT OPINIONS
Posted on March 25, 2009OPINIONS RELEASED 3-25-09 Backman - Affirmed Backman - Reversed in part and remandedGardiner - Affirmed in part, Reversed in part, and Remanded Weinstein - Affirmed, but RemandedRodriguez-Powell - Affirmed Weinstein & Levenson - Reversed and RemandedBowman - Reversed and remanded (Does not include PCAs)TX: Keller shifts blame for execution blunderAttention all Broward Judges and Bruce Rogow: Yale Law School searching for a new dean (good luck)OK: Goniff ex-judge convicted of indecent exposure fights to have his pension reinstated Frank explains why he called Scalia a homophobeMeasure Aims To Divert Mentally Ill From Florida CourtsPB Post: Judge Moreno allows reporters to blog, email and text from courthouses (but not courtrooms)Florida Bar News: Senate revamps court, clerk funding bill Florida Bar News: Bill to do away with depositions for third degree felonies moves Florida Bar News: Cameras in Florida's Courts 30 years and countingAdam Liptak: Justices Seem Skeptical of Scope of Campaign Law British judges fight against introduction of sentencing guidelines
4TH LEANING TOWARD FINKELSTEIN
Posted on March 24, 2009IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA March 24, 2009CASE NO.: 4D09-1033L.T. No. : 09-5449 CF10ATONUYA RAINEY Appellant/Petitioner(s) v. AL LAMBERTI, AS SHERIFF OF BROWARD COUNTY, ET AL Appellee / Respondent(s)...
TUESDAY NOTES: FIGHT!
Posted on March 24, 2009Did anyone else hear about the fight in Judge Richard's courtroom this morning? We don't have the specifics, but Ian apparently got off the bench, physically separated the warring couple, and then resumed court without blinking an eye. Never a dull moment in Domestic Violence, as jujitsu Geoff can also tell you...
Rainey Writ of Habeas Corpus (Finkelstein v. Hurley)
Posted on March 23, 2009HAMZE VERDICT @ 4:25 - GUILTY VEHICULAR MANSLAUGHTER(another lousy overcharge bites the dust)Emergency Petition for Writ of Habeas CorpusAppendix (Police Reports, Transcript, etc.)
MEDIA 3/23
Posted on March 23, 2009DAILY BUSINESS REVIEWCommentary by Howard Forman: "Clerks of court secure integrity of public records""Judges are the ultimate authority over what happens in their courtrooms and the undisputed finders of fact in the cases they hear. It is appropriate and protective that a disinterested third party, independently elected by and answerable to the public ? the clerk ? maintains and protects the court records...
STATUTE SMATUTE
Posted on March 22, 2009Moola, the Cash Cow"Nobody wants less cases more than me." -Public Defender Howard FinkelsteinCould the Juvenile Division once again become the biggest cash cow in town for criminal attorneys? Are the days of milk and honey once again upon us? And is it true the private bar's favorite bogeyman, Howard Finkelstein, is the bestower of the gift?A little background is in order first...
THIS IS WRONG - DO NOT LET THIS HAPPEN MR. SATZ
Posted on March 21, 2009Victoria RomanSENTINELHollywood woman accused of biting courtroom deputy"A Hollywood woman is accused of biting a courtroom deputy who tried to separate her from her fiance after she was sentenced to five years in prison...Roman's newest charges are battery and obstructing with violence, a first-degree misdemeanor and a third-degree felony, respectively...
ADIOS AMIGO
Posted on March 20, 2009Mr. & Mrs. Zack with Wayne Spath; Room 400 decked out for the occasion; One road leads to another... FRIDAY WAS BOB ZACK'S LAST DAY - GOOD LUCK TO THE ZACK FAMILY!FRIDAY NOTES:Still no new judge to replace Judge Zack...
"ARROGANT, DISCOURTEOUS, AND IMPATIENT"
Posted on March 19, 2009The Girl Can't Help It...Judge Cheryl Aleman is back in the news. Not so coincidentally, she was also recently back in the criminal division, covering weekend First Appearances last Saturday and Sunday. Today's tale of woe involves attorney David Sale (son of former Watergate Special Prosecutor Jon A...
JAABCAM
Posted on March 19, 20091) Jay Hurley and retired Supreme Court Justice Raoul Cantero at the 110 Tower (Th);2) Every judges' worst nightmare - Carmel and Anthony on the Case (Tues.); 3) Fred #1 flashes the "1000 Not Guiltys" smile; 4) Fred #2 behind the wheel of his RV; 5) What's in the bag outside the SAO Investigators' office?...
SUPER LOBBYIST RON BOOK'S FAIRY PRINCESS WEDDING!
Posted on March 19, 2009Kristopher's family gave the couple a 1.3 million dollar houseCourtesy of "Ron Book is a waste ":Lauren & Kristopher's damn near $1,000,000 wedding is featured on the WE Network's "Platinum Weddings" show. If you have Comcast Cable, you can check it out On Demand (Episode 325)...
4TH DCA 17TH CIRCUIT OPINIONS: PD 1, RCC 0
Posted on March 18, 2009OPINIONS RELEASED MARCH 18, 2009:Lynch - Reversed and remanded for consistent proceedings Henning - AffirmedGold - Remand (can't give W/H and prison on YO sentences) Lynch - Reverse/RemandWho shall represent the indigent defendant on his direct appeal? "For the above reasons, we grant the PD?s motion for leave to withdraw by separate order and direct that the RCC ?shall handle the appeal...
JAABCAM
Posted on March 16, 20091) Monday was the first day for the "Lawyers & Employees" door at the Main Entrance; 2) Pompano's world famous "Vag Plaza"; 3) Young upstart reporter Derek Hayward gives his best pouty-face during the Salesman (mis) trial; 4) Post-contested election world reality: First Appearances judges get big, TV friendly signs; 5) Larry Seidlin's former 8th floor juvenile courtroom - on a quiet day you can still hear him ask Asian parents if their kid is "good at math"; 6) The changing of the guard continues.
PSCC PRESSURE COOKER
Posted on March 16, 2009The PSCC met last Thursday. This was a relatively star studded event, as far as our little courthouse community goes. It was also funner than usual, with Chief Judge Tobin letting off a lot of pent up steam toward the SAO and his old nemesis Howard Forman (who left early)...
RIGHT ON!
Posted on March 16, 2009Judge Paul Backman takes a courageous stand few judges would...Once in a while you get shown the light,In the strangest of places if you look at it right. - Garcia/HunterSENTINELWrongly imprisoned Florida man seeks state compensationBackman's Order"Leroy McGee spent three years and seven months in prison for a robbery he didn't commit...
MONDAY NOTES
Posted on March 16, 2009Extraditions will never be the same; Kaplan comes through (again)The letter Howard Finkelstein sent to Chief Judge Tobin regarding the recent misfortune in Judge Feren's courtroom is found here...
A NEW JUDICIAL LOW
Posted on March 13, 2009Tongues have been wagging all week about a troubling issue out of the juvenile division. This story is one that could have been avoided and must be immediately remedied for the future .On Monday, a juvenile in-custody defendant was forced to urinate in court, because no one was available to take him to the restroom...
TECHNICAL VIOLATION NOTIFICATION LETTER
Posted on March 13, 2009The "Technical Letter" procedure for violations of probation is now in place in Broward County. As first reported in October, 2008, Judge Holmes and the DOC's Thomas Sharrard developed the letter to replace the system of an automatic warrant being filed for a judge's signature on every violation...
JAABLOG'S ONCE UPON A TIME (COURTESY HOLLAND & NORMAN)
Posted on March 13, 2009"Let the Jury Decide!"As we were contemplating how to write up the most recent high profile overcharged Satz piece of garbage case filing since the Homeless Beating case, we found a beautiful JAABLOG'S ONCE UPON A TIME, all dressed up and delivered with a bow by our old friends Bob Norman and John Holland...
BSO NO LONGER TO SEGREGATE IC PROGRAMS
Posted on March 13, 2009LETTER: Finkelstein to Lamberti "(On March 9th), we received word that the individuals in protective custody due to feminine characteristics will be receiving equal access to programs. Nevertheless, we continue to maintain that involuntary segregation of these individuals in unnecessary, wrong and hurtful...
MONTHLY JURY TRIAL REPORTS FOR FEBRUARY 2009
Posted on March 13, 2009February 2 thru February 27 2009 Data "obtained from the Clerk of Courts in the assigned divisions" and distributed by Jury Administration on a monthly basis to all Circuit and County Court Judges.*Jury must be sworn to count as a trial, whether or not a verdict is reached**If a judge is not listed, he/she did not preside over a trial in February*Circuit Court:Civil: 30 TrialsCriminal: 68 TrialsCounty Court:Civil: 5 TrialsCriminal: 10 TrialsDUI: 12 TrialsALEMAN: 1 Civil Trial/5 days/5 days avg days per trialBACKMAN: 6 Crim Trials/14 days/2...
4TH DCA 17TH CIRCUIT OPINIONS
Posted on March 11, 2009*Stan's the Man*OPINIONS RELEASED 3-11-09Rothschild: Affirmed in Part; Reversed in Part Levenson: AffirmedLevenson: We grant the petition for a writ of habeas corpus - manifest injusticeEade: Denied in part; Dismissed in part; and Redesignated and Affirmed in partCOMING ATTRACTIONS: JUDGE KAPLAN TELLS ASA TO APOLOGIZE TO DEFENDANT FOR LONG TERM LOCKUP WITH NO EVIDENCEWEDNESDAY MARCH 11The Governor's people interviewed the candidates for Zack's seat on Tuesday; expect an announcement any minute now, if it hasn't been made already...
JAABLOG'S ONCE UPON A TIME
Posted on March 09, 2009Part II in JAABLOG's series "Why Mike Satz stopped speaking to the press":PROSECUTOR FOR LIFE by Larry Keller SUNSHINE MAGAZINE July 7, 1996Copyright 1996 The Sun-Sentinel CompanyWhat is it that drives powerful prosecutor Michael J. Satz?It's a secret he's not sharing...
MONDAY NOTES
Posted on March 08, 2009"I gotta pick my nose, you're not gonna shoot me are you?"The comedic stylings of a very drunk out of custody defendant (pictured and quoted above) resulted in a weekend stay in the Broward County Jail. Unlike the last time we reported on a hammered defendant, Friday's offender was loud, obnoxious, and thoroughly disruptive to the running of a very thick docket...
JQC CLEARS LABARGA
Posted on March 06, 2009The JQC has cleared Supreme Court Justice Jorge Labarga of any wrongdoing in Labarga v. Kollin.Click the link for the JQC's letter. Sorry Gary. Pretty tough odds, but showing great courage taking on a 4th DCA/Supreme Court Justice.
"DO NOT RECORD"/ADIOS DEPOS?
Posted on March 06, 2009BACDL's Adam Dougherty was kind enough to gather and provide the following information for all interested criminal defense attorneys:QUESTION:What numbers are currently registered by the Broward jails as "do not record" attorney phone lines? ANSWER:"All official bar listed phone numbers for all attorneys in Dade, Broward, and Palm Beach are captured, and therefore bypass the electronic recording system...
JAABCAM
Posted on February 26, 20091) DeHart and Thurston don't want to hear about some silly blog; 2) Press corps gears up for the Salesman trial; 3) Is it legal?; 4) Look what the cat killed and gave to Perry; 5) Roz in the house; 6) Glassman, Salesman, and Schwartzreich mid-trial.
JUDGE KAPLAN: "THIS IS CRAP"
Posted on February 26, 2009Judge Stanton Kaplan sets an exampleCop sees man sleeping by a shopping cart on the side of the road in Tamarac. Cop orders man to come over to where he is standing. Man objects, cop puts his hand on the man. The man allegedly shoves the cop...
4TH DCA 17TH CIRCUIT OPINIONS
Posted on February 25, 2009OPINIONS RELEASED 2-25-09Luzzo - Affirmed in part; Reversed in part and Remanded Siegel - reverse denial of motions (CTS issue)Backman - Affirm 3.800(a) NYT: Citing Cost, States Consider End to Death Penalty NYT Editorial: And Unequal Justice for Some (Immigration)NYT: An Immigration Attorney Is Accused of Being a Fraud, and His Clients Scramble for Help Congressman wants disgraced fed judge Kent impeached and stripped of retirementSentinel: PB corruption investigation (coming soon to a theater in Broward)Sentinel on Martinez disqualificationDBR: Should Florida end or alter mandatory retirement age for judges?"Broward Chief Circuit Judge Victor Tobin referred to the law as ?a double-edged sword...
FRIENDS OF "DOUBLE DOMER" RON DALLAS
Posted on February 25, 2009March 17, 1951- February 6, 2009Hello Friends-We would like to enlist your support in honoring the memory of our dear friend Ron Dallas with a lasting tribute on the University of Notre Dame campus (UND). We thought it would be special and appropriate to sponsor an outdoor bench near the Notre Dame Law School with a commemorative brass plate remembering Ron...
IT'S THAT TIME OF YEAR...
Posted on February 25, 2009*SB 2020 - Public Officials/Salary/Bonuses (REDUCES JUDGES BY 5%)*Reduces the compensation of certain public officials for the 2009-2010 fiscal year. Prohibits the payment of bonuses to such persons. Provides for future legislative review.(Did somebody in Tallahassee decide The JAABLOG Challenge is good for everyone?)HB 383 - Discovery DepositionsProvides that discovery deposition may not be taken in case in which defendant is charged only with felony of third degree, misdemeanor, or criminal traffic offense when all other discovery provided by law has been completed; provides exception for good cause; requires trial court to consider certain factors before allowing deposition...
STRANGE BUT TRUE
Posted on February 24, 2009Herald: Miami-Dade courthouse plaque apologizes for segregationWhile the Broward Criminal Courts maintain a statue of a man who wanted to exile all African-Americans
4TH DCA BACKS LEBOW
Posted on February 24, 2009State v. Martinez "Even if we were to conclude that Weir and Gaines are not controlling and that extraordinary writ jurisdiction may be invoked to review an order entered after a criminal trial commences, we would deny the petition in this case because the trial court did not depart from the essential requirements of law...
JAABLOG'S ONCE UPON A TIME
Posted on February 24, 2009IRON FIST by David Nickell XS Magazine October 19-25, Copyright 1994 Gold Coast Publications Inc.Michael Satz, the most powerful elected official in Broward County, inspires fear in defendants and employees alikeRun afoul of the law in Broward County - be it ignoring a stop sign or shooting your brother-in-law - and you will quickly discover the awesome power of a short, bald, humorless, middle-aged, little-known politician named Michael J...
THIS IS NOT A DRILL
Posted on February 23, 2009Oh, the humanity!The courthouse fire alarms are currently going off...this is not a drill...the cafeteria has definitely burned something as the halls are thick with a delicious bouquet of smoke...repeat, this is not a drill...UPDATE:At 12:35 the all clear sounds - "we have determined there is no emergency...
MEDIA 2/22
Posted on February 22, 2009WA Post: SCOTUS to Debate Whether Convicts Should Be Guaranteed Access to Latest DNA TechniquesFirst ever trial of federal judge over sex charges starts todayNaked driver gets probation (TN)Law.com: Tough Cases Await U.S. Supreme Court Justices60 Minutes: Drinking Age Debate - 18 or 21? (Video)LA Times: Scientists' conduct leaves Spector's defense team vulnerable to criticismHerald: Aventura resident suing city over traffic camerasHerald: Driver in fatal Miami-Dade crash was cited 29 times in eight yearsHerald Opinion: Punish DUI drivers and bars that serve themHerald: Key charge against lawyer Ben Kuehne likely to be dismissedHerald: Mentally ill in jail in a new crisisMiami New Times: Dade Tries Out Jail/Hospital Combo for Mentally IllMiami New Times: Bad guys, party on! Three of Miami's best prosecutors are getting the boot (Rumpole)Sentinel: Art Marchetta v...
ANDY SIEGEL: WITNESS
Posted on February 20, 2009The strange case of Kevin Bradley gets weirder. Bradley, the man tased in open court while shackled and chained, is being prosecuted by the Broward State Attorney's Office for the incident. Click the link for the transcript, PC Affidavit, newspaper articles, and background...
JAABLOG RUMOR MILL
Posted on February 20, 2009Will Governor Crist ask for more names to be sent up to replace Judge Zack?We've heard the northern powers had anticipated Judge Zack's county court seat going to an African-American female. Surprise, surprise, the local JNC sent up only one African-American, the decidedly male Mike Robinson...
JAABCAM
Posted on February 19, 20091) Clerk's Office gets tough (yeah, right); 2) Finkelstein and Cavanagh model suits by Mark's Big & Small; 3) Arlene & Bo; 4) Room 241 remodeled and ready for action; 5) 1st Step Sober House morning huddle; 6) Judge Hurley safe behind the chicken wire...
MAKE A DIFFERENCE
Posted on February 18, 2009Disproportionate Minority Contact in the Juvenile Justice System:Broward County Training/Forum: March 27th & 28thThe Department of Juvenile Justice is conducting a Disproportionate Minority Contact (DMC) Training on March 27th, 2009 from 9:00am to 4:00pm at the North Broward Regional Service Center and a Community Forum on March 28th, 2009, from 9:00 to 2:00pm at the Mizzel Center...
4TH DCA 17TH CIRCUIT OPINIONS
Posted on February 18, 2009OPINIONS RELEASED 2-18-09Kevin Companion strikes out Backman - Affirmed Backman - Habeus DeniedAramony/Tuter - Affirmed Backman - Affirmed in part, reversed in part, and remandedS...
MEDIA 2/17
Posted on February 17, 2009BrowardBeat.com: Officer Donald Rosen - The Kissing CopTexas State Rep wants appeals court judge removed for failing to allow DP filingPolanski hearing puts focus on documentary filmmakerMeet Amy Brian, the only person ever discharged from the Kansas National Guard under ?don?t ask, don?t tell? NYT: Roberts Sets Off Debate on Judicial Experience NYT: Civil Rights Hero, Now a Judge, Is Indicted in a Bribery Case NYT: Class action in PA judicial kickback caseUSA Today tackles W...
UPCOMING EVENTS
Posted on February 17, 2009Commodore Krumme welcomes you aboard! Everyone, As you are aware the BACDL "Meet the Judges" luncheon is scheduled for 2/19/09 at noon at the Coral Ridge Yacht Club. The Lunch is free as it is being sponsored. Most Judges have responded they are coming...
MPRE SAMPLE QUESTIONS 1-5 (BROWARD EDITION)
Posted on February 15, 2009The Multistate Professional Responsibility Examination (MPRE) is required for admission to the bars of all but four US jurisdictions...The purpose of the NCBE Multistate Professional Responsibility Examination (MPRE) is to measure the examinee's knowledge and understanding of established standards related to a lawyer's professional conduct; thus, the MPRE is not a test to determine an individual's personal ethical values...
MONTHLY JURY TRIAL REPORTS FOR JANUARY 2009
Posted on February 13, 2009January 5 thru January 30 2009 Data "obtained from the Clerk of Courts in the assigned divisions" and distributed by Jury Administration on a monthly basis to all Circuit and County Court Judges.*Jury must be sworn to count as a trial, whether or not a verdict is reached**If a judge is not listed, he/she did not preside over a trial in January*Circuit Court:Civil: 26 TrialsCriminal: 64 TrialsCounty Court:Civil: 4 TrialsCriminal: 9 TrialsDUI: 9 TrialsALEMAN: 1 Civil Trial/2 days/2 days avg days per trialBACKMAN: 4 Crim Trials/8 days/2 avgBIDWILL: 3 Crim Trials/12 days/4 avgBOBER: 3 crim/7 days/2...
YOU DON'T MESS AROUND WITH VIC
Posted on February 13, 2009Vic has played his trump card in the Turf War! with Howard Forman. From the Administrative Order signed today, and posted on the door of Room 235: "Courtroom 235 shall continue in use for First Appearance Hearings and such other judicial proceedings as may be authorized by the undersigned as chief judge...
COUNTY CRIMINAL & JUVENILE CASE LOADS
Posted on February 12, 2009Now we know why this man is always smiling..."Case Load For Criminal Trials/Calendar Calls" Run Date: 2/9/09 @ 18:03:48MA/GEHL - 653MB/IRELAND - 600MD/SEIDMAN - 210MH/COWART - 610MI/L WREN MH - 17MT/L WREN CRIM - 708MJ/DIAZ - 623MM/ROBINSON - 702MP/ROSS - 363MQ/BERMAN - 711MS/LAZARUS - 835MV/RICHARDS - 985MW/MURPHY - 836(According to the Clerk's Office and Court Administration, the Satellite judges' case loads are not tracked in this fashion...
ANOTHER FLOOD?
Posted on February 12, 2009Cleanup this AM outside Beilly and Schlissel Manson Family gets courthouse painting contractWe're hearing there may have been a flood up on the seventh floor...
4TH DCA 17TH CIRCUIT OPINIONS/WH & COURT COSTS IS BACK
Posted on February 11, 2009OPINIONS RELEASED 2-11-09Imperato - Reversed and RemandedM. Kaplan - Reversed and Remanded for an evidentiary hearingO'Connor - affirm on all claims, but without prejudiceCocco v. PritcherBackman - Reversed and RemandedS. Kaplan - Affirmed in part, reversed and remanded in partM...
*DUI STATS*
Posted on February 10, 2009Our thanks to "R" who wrote today @ 2:23 PM under JAABLOG entry "The Numbers Are In":"(See) Page #18 of the PDF version of County Criminal Stats. It's the page labeled Convictions. At the bottom under the chart is this interesting asterisked phrase:*Criminal Traffic and DUI dispositions are not included...
UPCOMING EVENTS
Posted on February 10, 2009WHAT: BACDL'S MEET THE JUDGES LUNCHEON - Featuring Newly Appointed & Elected JudgesWHEN: Thursday, February 19 @ 12:00 PMWHERE: Coral Ridge Yacht Club, 2800 Yacht Club Blvd., Ft. Lauderdale, FL - Lunch Will Be ServedRSVP: TWilliamslaw@Comcast...
THE NUMBERS ARE IN: SATZ REMAINS "THE BIGGEST LOSER"
Posted on February 09, 2009Satz gets another failing grade"Michael does not work well with others and shows little to no interest in getting help for his problems. He does not seem aware of the things going on around him."The most recent Trial Court Statistics are available through the Florida State Courts website...
MEDIA WEEKEND
Posted on February 08, 2009BROWARDBEAT.COMJudicial Robing Ceremony Draws Big Crowd; Many Pols*(JAABLOG loves you too, Buddy)*NATIONAL LAW JOURNALAre lawyers' First Amendment rights being unfairly limited?"Florida attorney Sean Conway, the lawyer who called a judge an "evil witch" on a blog, echoed similar concerns...
COURTHOUSE LOSS
Posted on February 07, 2009Ron Dallas has passed away. This is, as Howard put it, a "deep and heavy loss."Ron was one of the kindest men to ever grace our courthouse.Funeral is likely to be next Saturday.God Bless.Whom the gods love dies young
ASA JEFF DRISCOLL
Posted on February 07, 2009Our apologies to the friends and family of Jeff Driscoll. We did not work with Mr. Driscoll, but we should have been aware of his accomplishments and contribution to Broward County.Here is a note from one of his friends and colleagues who attended his funeral Friday:Mark Springer wrote @12:44 AM on February 7, 2009:"Jeff Driscoll, like Ryal Gaudiosi, was a good man...
ILONA TO THE RESCUE!
Posted on February 06, 2009Chief Criminal Judge Ilona HolmesJudge Holmes put a pin in our righteous indignation balloon Thursday morning by giving us the three page greenbar report of circuit felony judicial caseloads. We can't say for sure, but it seemed she was a little perturbed by the eighth floor antics...
SATZ'S FIVE & DIME
Posted on February 06, 2009Satz's candy store for the rich and powerful was closed today. The case of Eleanor Adderley is reset to March 27th for change of plea, due to continuing negotiations and upcoming doctors' reports.*N.J. Judge Faces Ethics Charges Over Affair With Bailiff**Information Age Saps Jurors' Attention* Bradford Cohen on Dr...
THE DAY IN PICTURES
Posted on February 06, 20091) Murphy, Bogenschutz, and Adderley; 2) "The Procession of the Judiciary" (Queer!); 3) Satz and Morton were the kids who sat in the last row of class (they remained through the whole thing but split right before the last speaker: Ian Richards...
SAO COMES CLEAN
Posted on February 06, 2009An email was reportedly sent by Lee Cohen throughout the State Attorney's Office at 12:56 this afternoon.The header referenced Deputy Charles Grady/Brady Notice.Mr. Cohen reportedly stated "please be advised that the above deputy is the subject of a criminal investigation by the Broward Sheriff's Office involving female complainants and a Brady Notice must be filed in all cases where he is a witness...
SUPREME COURT DINGS ABRAMSON
Posted on February 04, 2009Advisory Opinion To Governor Crist*Sentinel: State Supreme Court says new judge can't serve*(Kent up to more dirty tricks - backdating posts again - this went up today,dated yesterday. UPDATE: post appears to have been edited from its original contenttrashing JAABLOG for being a day late - even though the opinion was issued today!Oh well, we were kind of hard on the little feller yesterday...
4TH DCA 17TH CIRCUIT OPINIONS
Posted on February 04, 2009OPINIONS RELEASED 2-4-09Rodriguez-Powell - Reversed and remanded for a new trial Backman - Reverse and RemandBackman - Affirmed in part, Reversed in part, and Remanded Carney - Reverse and Remand
HAS ANYBODY SEEN CAROL LEE ORTMAN?
Posted on February 04, 2009It's a bird...it's a plane...it's Carole Lee Ortman!"I'm not a statistician, that's the Clerk's job.""File a public records request...and I will investigate to determine if they exist." -Alexandra Rieman General Counsel Court AdministrationOur query from last night seems to have caused a bit of a stir...
UPCOMING EVENTS
Posted on February 04, 2009WHAT: The Haitian Lawyers Association, Inc. Presents: "A Night Of Creole Elegance" 9th Annual Scholarship and Awards GalaWHEN: February 7, 2009, Cocktail Reception @ 6:30 PM, Dinner @ 7:00 PMWHERE: JW Marriott Hotel, 1109 Brickell Avenue, Miami, FL 33131KEYNOTE SPEAKER: Judge Fred SeraphinHONOREES: Kathy Achilles, Roderick D...
THE SEVENTEENTH
Posted on February 03, 2009The Online Newsletter of the State Attorney's Office, 17th Judicial Circuit February 2009 "Remaining furlough days suspended this year"
KENT TO THE RESCUE
Posted on February 03, 2009I'll be your savior, steadfast and true I'll come to your emotional rescue I will be your knight in shining armor Coming to your emotional rescue -Jagger/Richards, Emotional Rescue Now listen, whoever comes to you with this Barzini meeting, he's the traitor...
SAVE THE DATE
Posted on February 03, 20099:00 a.m., Tuesday, April 7, 2009*SENTINEL: Fla. Supreme Court to reprimand Judge Aleman*
WHO HAS THE HIGHEST CASE COUNT?
Posted on February 03, 2009The Mysterious Greenbar Reports...Having retired our JAABWALKS for lack of anything left to prove, we here at JAABLOG figured it was about time to start monitoring the judges' case counts.Heck, anyone who has spent any time at all in a Broward criminal courtroom has heard a judge bragging about (or bemoaning) their case load...
EIGHTY-EIGHT PERCENT
Posted on February 03, 2009The jail population today was at its lowest point in as long as anyone can remember. Sources peg it at eighty-eight percent of capacity, with an average in the low nineties for the month of January.Arrests were trending lower toward the end of December, but this is not the only reason for the improvement...
GRADY'S BRADY?
Posted on February 02, 2009Most DUI practitioners are aware that BSO DUI Task Force Deputy Charles Grady has been suspended with pay. The problem is no one knows for sure why.Defense attorneys are filing motions, and judges are getting frustrated. The State has remained silent on the issue...
SIX NAMES SENT TO GOVERNOR FOR ZACK'S SEAT
Posted on February 02, 2009Melinda Brown, Brenda DiIoia, Jorge Hurtado, Ed Merrigan, Christopher Pole, and Michael Robinson.SAMPLE JNC QUESTIONS 2/2/091. This seat is likely to be a satellite position in Deerfield. Are you willing to travel or do you expect to be downtown?2...
15 MINUTES 'TIL LARRY
Posted on February 02, 2009Larry King Live just started (9:00 PM EST on CNN). Judge Larry is second guest, after the eight baby lady...______________________________________________________________________Seidlin: "If this was China we'd be setting one of your sons up with my daughter...
MAN DROWNS IN COURT
Posted on January 30, 2009About fifteen minutes ago a man ran from Judge Imperato's courtroom. He was to be taken into custody for a revoked bond. He ran down the stairwell. He was chased by law enforcement. He got outside, took his shirt off, and dove into a canal...
"SOB STORIES" PART DEUX
Posted on January 30, 2009Remember the beef between Judge Ireland and feisty young lawyer Meritxell Ros? It's apparently not over.It seems Judge Ireland has been acting a bit peeved toward Ms. Ros since the incident. The Order of Disqualification itself is a bit spicy: "This Court being required by Florida Rule of Judicial Administrative 2...
4th DCA APPLICANTS (TWO EMPTY SEATS)
Posted on January 30, 2009The following individuals have applied to the Fourth District Court of Appeal Judicial Nominating Commission for consideration and nomination to the Fourth District Court of Appeal:Katherine Barski, Esq., Ralph Behr, Esq., Jeanne C. Brady, Esq., Judge Reginald Corlew,Judge Jack Schramm Cox, Judge John Frusciante, Judge Jonathan D...
ALLEGED ASSAULT IN CUPAS CASE
Posted on January 30, 2009Someone who may have been a family member of the alleged victim in State v. Cupas is alleged to have assaulted Cupas and some of his wrestling team supporters fifteen minutes ago in the Courthouse. The trial before Judge Lebow recently broke for lunch...
KEVIN KULIK ON CANDIDATE ROCQUE
Posted on January 30, 2009kevin kulik wrote on January 30, 2009 at 4:22 PM:When I was a young ASA in 1987, Mickey Rocque was our newly assigned PD in Judge Moe's division. HI JUDGE MOE I'M MICKEY! ITS MY FIRST DAY! he said. We chuckled about how easy it would be for us with this new rookie...
CASE LAW UPDATES - January 31, 2009
Posted on January 30, 2009CRIMINAL CASES CIVIL CASES Courtesy of Florida Law Weekly Subscriptions (800) 351-0917
PUBLIC REPRIMAND FOR DO GOODER JUDGE BARNES
Posted on January 29, 2009Moral of the story: "If it's broken, don't fix it."The Supreme Court issued an opinion today calling for a Public Reprimand of St. Lucie Judge Clifford Barnes. His crime? Trying to fix the broken First Appearances procedure in his county...
BACDL IS FIRED UP
Posted on January 29, 2009The BACDL general membership meeting was held this afternoon. Russell Williams, Teresa Williams, John Howes, and Howard Finkelstein all spoke.The general theme: "We're mad as hell and we're not going to take it anymore."Lots of plans in the works...
AND THEY'RE OFF!
Posted on January 29, 2009Attorney/Professor Mickey RocqueKevin Kulik is proud to present the first announced candidate for the next election cycle. The one and only Mickey Rocque will square off against a sitting judge in 2010.Good luck to Mickey. We can't think of a more qualified or conscientious candidate to serve Broward County...
SALT OF THE EARTH
Posted on January 29, 2009Frank and RyalRyal's courthouse friends invite you to raise a glass to Ryal's life at Brownie's after work Friday. Folks will begin gathering in the late afternoon (4:30 - 5:00), until whenever.Thirty years of war stories on tap so please drop on by...
STATE WANTS 8/DALE COHEN GIVES 25 + 5
Posted on January 29, 2009Toderick Raymond will be middle aged when he gets outTwenty-three year old Raymond was sentenced today after pleading open to Judge Dale Cohen. No trial, just an acceptance of responsibility and a heartfelt apology to the victim in court...
4TH DCA 17TH CIRCUIT OPINIONS
Posted on January 28, 2009Lynch - Reversed and remanded for consistent proceedings Levenson - AffirmedRosenberg - Affirmed Siegel - Reversed and remanded for resentencingM. Kaplan - Reversed and Remanded for further proceedings (Does not include PCAs)
WRIT FILED BY AG OVER LEBOW'S RECUSAL OF THE SAO
Posted on January 28, 2009EMERGENCY PETITION FOR WRIT OF CERTIORARI OR WRIT OF PROHIBITIONFiled by Assistant Attorney General Melynda Melear on January 22, 2009. Background: LEBOW DISQUALIFIES 17th SAO (1/5/09)
LARRY SEIDLIN GMA VIDEO and LARRY KING FRIDAY NIGHT
Posted on January 28, 2009Former Yankees manager Joe Torre dishes on A-Rod and his old ball club. Plus, Judge Larry Seidlin! The Anna Nicole Smith judge tells all on Larry King Live! A STAR IS BORN! VIDEO: Larry on Good Morning America WednesdayABC News: Seidlin Says He's Still Recognized and Has Opportunities Available (Thanks to Mayo on the Side Blog) Larry interviewed by Diane Sawyer "There's a lot of stuff in the works"Does he or doesn't he? That is the question...
H.R.1
Posted on January 28, 2009" American Recovery and Reinvestment Act of 2009" BAILOUT No more rumors, No more stories, here it is! Do you AGREE or NOT? Voice your comment...
NEW JUDGES
Posted on January 27, 2009We got a call at 3:05 that the new circuit judges are McCarthy and Rodriguez...developing...will confirm.CONFIRMED: TWO NEW CIRCUIT JUDGES:JUDGE BARBARA MCCARTHY AND JUDGE CARLOS RODRIGUEZCONGRATULATIONS TO ALL THE FINALISTSother judge news: Sentinel: Supreme Court justices question if Abramson should be judge
HOMEWARD BOUND: FEB 8
Posted on January 27, 2009Enrique Reyes has a one way ticket back to Cuba for Saturday, February 8. Judge Gold is expected to bless a deal later this morning that will release Mr. Reyes in time for his flight. One special request of the defense: a mini DVD player, possibly to show pictures of his memorable stay in beautiful Broward County...
MEDIA 1/27
Posted on January 27, 2009Richard Fine, LA's very own Jack ThompsonDAILY BUSINESS REVIEWInside the High Court: Snitches and Jailbirds"...Kansas v. Ventris, involved whether testimony from a defendant's cellmate, who was cooperating with police, could be used to impeach the defendant at trial, or whether the admission of such evidence would violate the defendant's right to counsel...
PRETRIAL RELEASE ORDINANCE PASSES
Posted on January 27, 2009Ron Book and Commissioner Stacy Ritter rub noses before today's meetingA watered down version of the controversial Pretrial Ordinance pushed by lobbyist Ron Book and the Bond Industry has passed the County Commission, with amendments. BSO Pretrial Release will have new guidelines, but Judges should still have discretion to do as they please...
INTERVIEWS FOR ZACK'S SEAT
Posted on January 26, 2009THE 17TH JUDICIAL COUNTY COURT OF FLORIDA 2009 ? JUDGE ZACK VACANCY Interview schedule - February 2, 2009 Brown, Melinda Kirsch 12:10 p...
INSULT TO INJURY COURTESY OF MR. SATZ
Posted on January 26, 2009"The law is the law I tell you!"Remember Kevin Bradley, the Defendant who was zapped with a Taser in open court back in 2007? Reported in these pages on 3/28/07, and in the Sun Sentinel on 3/29/07?If you can't remember, he was on probation for two non-violent charges, Grand Theft, and Driving on a Suspended License...
DEAR MIKE, LOVE SCOTUS
Posted on January 26, 2009Belated Holiday GiftCHICAGO TRIBUNEJustices shield prosecutors from being sued for mistakesWASHINGTON - "The Supreme Court threw out a lawsuit Monday from a Los Angeles man who spent 24 years in prison for a murder he did not commit and ruled that county prosecutors are shielded from being sued, even if their management mistakes lead to mistaken convictions...
CASE LAW UPDATE
Posted on January 25, 2009CRIMINAL LAW Courtesy of Florida Law Weekly Subscriptions (800) 351-0917
MEDIA 1/25
Posted on January 25, 2009Guilty conscience? Canadian judge donates one million dollars...LAW.COMLivoti's Indictment in Huge Ponzi Scheme Shocks Legal Circles"Broward Circuit Judge (Geoffrey) Cohen said he has the utmost respect for Livoti. "I've known Tony for 20 years, and he's a very talented, accomplished attorney," said Cohen, who has been on the bench for 24 years...
FORMER AUSA MAKING THINGS BETTER
Posted on January 25, 2009Former prosecutor Mark OslerBaylor Professor Mark Osler is a busy man indeed. His most recent book, Jesus on Death Row, will be released in 2009. He blogs nearly every day, and publishes frequently (as every good Yale JD should)...
MORE FLOODS
Posted on January 23, 2009HERALDBurst pipe trashes SAO Juvy DivisionDAILY BUSINESS REVIEWTobin's State of the Circuit Address
MEDIA DOING SATZ'S JOB - AGAIN
Posted on January 22, 2009BOB NORMAN'S DAILY PULPRuss Klenet and Wife Stacy Ritter Mutually Benefited From Fraud"And (Klenet) is the guy that Broward Mayor Stacy Ritter comes home to every night? And they wonder why Broward County is such a corrupt and disgusting place? It gets worse...
COURTHOUSE LOSS
Posted on January 22, 2009OUR THOUGHTS AND PRAYERS TO THE FAMILY OF THE GREAT RYAL GAUDIOSIHUSBAND, FATHER, COMBAT VETERAN, WARRIOR LAWYER, MENTOR.HE FOUGHT SO THE REST OF US DIDN'T HAVE TO.WE LOVE YOU RYAL
4th DCA 17th CIRCUIT CRIMINAL OPINIONS
Posted on January 21, 2009OPINIONS RELEASED 1-21-09Lazarus - Affirmed Backman - Reversed and Remanded Futch - Writ of Mandamus Granted in part, denied in part, and remanded
NOW YOU GOT NOTHING
Posted on January 21, 2009At least this guy still has a briefcaseJack Thompson is hereby banned from JAABLOG. His IP Address has been blocked. His posts under JAABLOG WELCOME made today, January 21st, have been removed. Any additional IP Addresses utilized by Thompson will be blocked, and subsequent posts will be removed at our earliest convenience...
FIEGER SHOULD HAVE SAID "DICTATORIALLY"
Posted on January 21, 2009Michigan Attorney Geoffrey Fieger, older brother of The Knack singer Doug FiegerAdd the terms "Jackasses" and "Eva Braun" to the do not use list that includes "Evil, unfair witch" when criticizing judges:CHICAGO TRIBUNEFieger loses case tied to criticism about judgesUS Court of Appeals for the 6th Circuit Opinion (1/20/09)
BACDL GENERAL MEMBERSHIP MEETING
Posted on January 20, 2009The Broward Association of Criminal Defense Lawyers requests all members attend the General Membership meeting.WHEN: THURSDAY, JANUARY 29, 2009, 12:00 NOONWHERE: PUBLIC DEFENDER'S OFFICE CONFERENCE ROOM, BROWARD COUNTY COURTHOUSEAGENDA: New Committee Structure and Sign Up, Calendar of Events, BACDL Communications, FACDL MembershipSPEAKER: HOWARD FINKELSTEIN, PUBLIC DEFENDERRSVP: TWILLIAMSLAW@COMCAST...
BLOG WAR!
Posted on January 20, 2009Norm Kent dressed for battle NORM KENT STARTS A KINDLER, GENTLER COURTHOUSE BLOGJohnny Come Lately Kent was not allowed to run our blog, so he started his own!From the new Broward County Courthouse Coalition Blog:"As you read the comments on JAABLOG, unmoderated, anonymous, and flowing with venom and vitriol, you get a feeling that everything about our system is unclean, unhealthy and untoward...
27 APPLY FOR ZACK'S COUNTY SEAT
Posted on January 20, 2009The JNC will meet Monday, February 2nd. Interviews will be announced thereafter. The applicants:Black-Barron, Karen E. Bloom, Michael S. Brown, Melinda Kirsch DeJesus, Shannon DiIoia, Brenda Francois, Phoebee R...
MEDIA 1/20
Posted on January 20, 20092009 Court HolidaysAbramson's BriefFlorida Bar's Brief vs. Abramson4th DCA JNC Accepting Applications for Two Vacancies Until 1/27PALM BEACH POSTEx-Florida Supreme Court Justices Argue Against AbramsonDAILY BUSINESS REVIEWFlorida Bar summit addressed need to keep fees in justice systemFees to rise, more job cuts coming4th DCA says Pothead Broward judge should not have heard divorce caseJoe Klock on the move -- againSome see conspiracy against Judge-elect AbramsonGovernor's Lawyer Speaks in BrowardJustices give cold shoulder to proposed Web rulesCase of judges squabble dropped but not deadLabarga's day-long gig on 4th DCA requires nominating panel to reconveneHERALD66 Florida probation officers laid offLevey Cohen to Run Again - This Time As CohenProfile: Dr...
CHIEF JUDGE TOBIN TO RUN UNOPPOSED
Posted on January 19, 2009Chief Judge Victor TobinChief Judge Victor Tobin will be unopposed in seeking a second term as Chief Judge of the 17th Judicial Circuit. The deadline to file for the position ended on January 16 at 4pm.Congratulations to Judge Tobin. But will he now work to amend the Local Rules to include term limits for the Chief Judge position?No word yet on where or when the inaugural ball will be held, but the annual State of the Circuit Luncheon is this Thursday, at the Tower Club...
A MESSAGE FROM KEVIN KULIK
Posted on January 14, 2009Kevin Kulik wrote on "Team Kulik 2010" at 1:03 PM on January 14, 2009:This post sounds vaguely anti-judge in general, which is misleading. Many judges are doing a good job and should be supported,especially if they get opposition from a lesser qualified candidate...
4TH DCA 17TH CIRCUIT CRIMINAL OPINIONS
Posted on January 14, 2009OPINIONS RELEASED 1-14-09Levenson - Affirmed O'Connor - Affirmed in part; Reversed in part and RemandedLevenson - Writ of Prohibition Denied SPECIAL ISSUANCE OPINION 1-9Destry - Writ of Prohibition GrantedOPINIONS RELEASED 1-7-09Levenson - Reversed Siegel - Affirmed
AN OPEN LETTER TO JACK THOMPSON
Posted on January 13, 2009Miami New Times 2008 FinalistDear Jack,We hope this letter finds you well. We do, however, have some bad news for you.Your blogging rights are being curtailed. Our friends, supporters, and even sworn enemies have had enough of your incessant, narcissistic diatribes...
DIVISION FE NEWS
Posted on January 13, 2009Confirmed: Judge Ken Gillespie replaces former Judge Pedro Dijols.
GET A LOAD OF THIS...
Posted on January 13, 2009Rumpole rails against the Miami State Attorney's new policy of only dismissing DWLS cases at special set dockets. From the Justice Building Blog: OFFICE OF THE STATE ATTORNEY KATHERINE FERNANDEZ RUNDLEELEVENTH JUDICIAL CIRCUIT STATE ATTORNEY Effective January 12, 2009, the Office of the State Attorney will ONLY Nolle Prosse Driving While License Suspended and No Valid Driver?s License (DWLS/NVDL) cases when a Defendant brings a valid Driver?s License to a ONE TIME ONLY,specially set, hearing docket...
TEAM KULIK 2010
Posted on January 13, 2009Balancing the ScalesKevin Kulik notified us he's putting together a list, and checking it more than twice.He is currently vetting ten candidates for the 2010 election season. "They're coming out of the woodwork," Kulik says, "after 2008, everyone knows how easy it is to win a judgeship...
NEW YEAR'S RESOLUTION: "NO MORE SOB-STORIES"
Posted on January 13, 2009(UPDATE: Judge Ireland disqualified herself. Tell your clients, and pray the computer doesn't reassign the case to Judge Seidman's division.)Judge Ireland will rule at 1:30 PM on two Motions for Disqualification filed this morning. The relevant facts:"1...
Judge Kaplan?s Farewell Party a Never Ending Show of Bad Jokes
Posted on January 12, 2009Gold watches are for wimps ? Guilty, Guilty,? One, Two, Three? - Judge Kaplan testing the microphone Saturday night By Normisimo KentisimoJAABLOG?s New Dining Out and Entertainment CriticThe roast and dinner last Saturday night at the Signature Grand was truly an evening for Stan Kaplan...
JAABLOG RUMOR MILL
Posted on January 12, 2009We're baaack...after a long layoff we're happy to report that Judge Ana Gardiner may have recently received some most excellent news. Congratulations are in order, but before we see her smiling face back in the criminal division, we might want to wait for the Supreme Court to rule on Mr...
THE USUAL SUSPECTS
Posted on January 12, 2009Who will be Charlie's successor?The JNC sent the following six names to the Governor to choose from for Charlie Kaplan's successor:David Haimes, Michael Hursey, Barbara McCarthy, Edward Merrigan, Carlos Rodriguez, and Raag Singhal.In addition to the original applicant pool for the Andrews and Zeidwig seats, Steven Hyatt, Jordan Jordan, and Sharon Mulane put their names in for consideration...
JASON GONZALEZ SPEAKS
Posted on January 11, 2009He was studying and networking while you were doing kegstandsJason Gonzalez, Governor Crist's General Counsel, spoke Friday at T.J. Reddick's Three of Ninety meeting.The event was well attended. Judges in the audience included Chief Judge Tobin, and Judges Tuter, Dishowitz, Backman, Gillespie, and Williams...
THURSDAY'S PSCC MEETING
Posted on January 08, 2009The Public Safety Coordinating Council met today. The jail occupancy rate averaged 94% of capacity in October, 92% in November, and 91% in December. There was a steep decline in overall monthly arrests toward the end of the year, dipping below 5000...
MEET JUDGE GILLESPIE
Posted on January 07, 2009Welcome Judge Ken Gillespie.Congrats to all the finalists!
GAIN INSIGHT INTO THE PROCESS
Posted on January 07, 2009The T.J. Reddick Bar Association Presents: THREE OF NINETYThe State of the African-American Judiciary in Broward County PART III: General Meeting & Guest Speaker:Jason Gonzalez - Governor Crist's General Counsel"JUDICIAL APPOINTMENTS & MORE"WHEN: Friday, January 9, 2009 at 12:00 PMWHERE: African-American Research Library 2650 Sistrunk Blvd...
THE SEVENTEENTH/ROBERTS SPEAKS
Posted on January 07, 2009January, 2009The Online Newsletter of the State Attorney's Office, 17th CircuitBOB NORMAN'S DAILY PULPJudge Larry Seidlin Slithers Away"Roberts, who was once one of Seidlin's close friends, has always said that it was Seidlin's exploitation of the widow that prompted him to (very reluctantly) come forward...
THE BEGINNING OF THE END
Posted on January 07, 2009The Honorable Richard Yale FederJack Thompson of Coral Gables earlier this week posted comments regarding his thoughts on Dade jurist, the Honorable Richard Feder, who is sitting for Judge Bober this week. Thompson blogged of Feder "This guy is a menace," who supports the possession of child porn...
DOCUMENTS IN STATE V. MARTINEZ
Posted on January 06, 2009Order Granting Stay of ProceedingsState's Motion To Stay ProceedingsLebow's Order Disqualifying 17th SAO
LUCKY LARRY
Posted on January 06, 2009SEIDLIN CLOSE-OUT MEMO (MIAMI SAO)"An extensive financial investigation was conducted, and it was determined that between November of 2003 and August of 2008, there was a total of $413,013.83, not including the tuition payments, that were paid to Judge Seidlin's wife, daughter, mother-in-law, and father-in-law from Barbara Kasler...
4th DCA 17th CRIM OPINIONS (PROBATION 1, KAPLAN/LOE 0)
Posted on January 06, 2009OPINIONS RELEASED 1-5-09Lebow - Reversed Stumpff, although inactive, remained an ?auxiliary law enforcement officer? under section 943...
OATH OF OFFICE DAY
Posted on January 06, 2009Laz swears in the SheriffPALM BEACH POSTJudge Wennet's replacement, Abramson, to start today despite questions Abramson Letters: Crist to Supreme Court and PB CJ to CristSENTINELNew Palm Beach County state attorney to be sworn in today"Early in the campaign, McAuliffe offered a few ideas that grabbed attention...
LIVOTI INDICTED
Posted on January 05, 2009SUN SENTINELFeds: 2 Broward attorneys enabled massive Ponzi scheme"Two Broward County attorneys enabled a massive Ponzi scheme that cost investors worldwide more than $800 million, according to a federal indictment unsealed today in Miami federal court...
LEBOW DISQUALIFIES 17th SAO
Posted on January 05, 2009Judge Lebow denies dismissal in State v. Martinez but disqualifies the Broward State Attorney.Raft will seek extraordinary writ to the 4th, etc.No mistrial for manifest necessity...jurors were told not to report but specifically reminded that they were not discharged...
NEVINS GETS THE GOODS
Posted on January 05, 2009BROWARDBEAT.COMConfirmed: Avalos Takes Job At Tripp Scott"Edward Pozzuoli, the director of the firm, ... said Avalos would be handling employment law and helping with complex commercial litigation...Before becoming judge, she was an assistant state attorney, prosecuting murder and sex battery cases...
AREN'T YOU GLAD YOU NEVER GOT BUSTED?
Posted on January 04, 2009Acid, incense, and balloons...WASHINGTON POSTFranken to be declared Senate victor in MinnesotaOld acid gobbling hippies in the Senate, drunk driving coke sniffing and pot smoking Presidents, junkie conservative talk show hosts, nightly cocaine and ecstasy fueled parties followed by Xanax to come down in Wilton Manors and Broward college dorms, judges who used to get really high, and Assistant State Attorney's hired by Mr...
BAD NEWS FOR GARY KOLLIN
Posted on January 02, 2009Labarga bests JimenezPALM BEACH POSTLabarga appointed to Fla. Supreme CourtWELL DONE GOVERNOR CRIST! (Thanks to Grey Tesh)
NOW WHAT....
Posted on January 02, 2009If a JQC complaint is filed against LaBarga, how will proceedings be handled involving a Supreme Court Justice?ARTICLE V SECTION 12. Discipline; removal and retirement.--(e) Notwithstanding any of the foregoing provisions of this section, if the person who is the subject of proceedings by the judicial qualifications commission is a justice of the supreme court of Florida all justices of such court automatically shall be disqualified to sit as justices of such court with respect to all proceedings therein concerning such person and the supreme court for such purposes shall be composed of a panel consisting of the seven chief judges of the judicial circuits of the state of Florida most senior in tenure of judicial office as circuit judge...
JAABLOG CLOTHING DRIVE
Posted on January 01, 2009Sexy Underwear Doo-Rags Oil Spill Cleanup Rags Doggie Tuxedos Dress for Dad's Sentencing Snot RagThe rash of defrocked and electorally fired judges over the last two years has created a glut in the used judicial robe market...
LOCAL BOYS MAKE GOOD
Posted on December 30, 2008Frank Maister and one time judicial candidate Gary Elsinger scored a major victory expanding indigents' right to counsel in the Florida Supreme Court today. The 64 page opinion in Florida v. Kelly was issued in response to the following certified question: WHAT IS THE SCOPE OF A CRIMINAL DEFENDANT?S RIGHT TO COUNSEL UNDER ARTICLE I, SECTION 161 OF THE FLORIDA CONSTITUTION CONCERNING THE STATE?S USE OF PRIOR UNCOUNSELED MISDEMEANOR CONVICTIONS TO ENHANCE A LATER CHARGE FROM A MISDEMEANOR TO A FELONY?Kelly concerned a felony DUI charge where Mr...
A MESSAGE FROM GARY OSTROW
Posted on December 30, 2008Because the latest developments are no longer useful to advance the political agenda of the sham-sentinel state- run propaganda machine, I must take it upon myself to enlighten the legal community as to the state of the May 10, 2008, front crucifixion page story in the days following my misfortune in Tallahassee...
SCRAP THE PARTISAN JNCs!
Posted on December 30, 2008The torture never stops...ST. PETERSBURG TIMESTake politics out of Florida's judiciary Talbot "Sandy" D'Alemberte is a former president of the American Bar Association, former president of Florida State University and former state legislator. Bob Graham is a former U...
DOUBLE DIPPERS
Posted on December 28, 2008Power is twice as nice with two paychecksST. PETERSBURG TIMESDouble dipping rises despite outrage "Until the law was changed, members of the Florida Retirement System who signed up for DROP were required to leave the state payroll at the end of five years or forfeit the lump-sum benefit...
4th DCA 17th Circuit Criminal Opinions
Posted on December 26, 2008OPINIONS RELEASED 12-24-08Gold - Reversed/Remanded Because Fulmore had benefitted from a withholding of adjudication in a prior felony case, in order to withhold adjudication of guilt in the present case, the trial court was required by section 775...
MEDIA 12/25
Posted on December 25, 2008NATIONAL GAY NEWSDisbarred Attorney Calls Gays 'Perverts'"Forget Pastor Ric Warren for a moment, the Coral Gables attorney permanently disbarred earlier this year by the Supreme Court of Florida posted an opinion on a justice association blog last week that homosexuals are 'sexually perverse...
WHAT WILL JUDGE LEBOW DO?
Posted on December 21, 2008The closing arguments in A href="http://jaablog.jaablaw.com/2008/12/16/closing-arguments-tomorrow.aspx"EMState v. Martinez/EM/Anbsp;were made before Judge Lebow last Wednesday.nbsp; The Judge said she will do her best to rule before New year's, or before January 5th, when trial is set to resume...
This Blog Serves A Public Purpose by Norm Kent
Posted on December 21, 2008PSPANFONT face="Times New Roman"EMIMG style="WIDTH: 237px; HEIGHT: 225px" height=388 src="http://images.quickblogcast.com/34726-32374/blogshakespearecomic.bmp" width=282BRBR"If you are not offending people who ought to be offended, you're doing something wrong...
CASES
Posted on December 19, 2008FONT size=1Criminal law -- BJuveniles -- Loitering and prowling/B -- Juveniles' presence in residential neighborhood early in the morning, without more, did not support charge of loitering and prowling -- Although officer was justified in questioning juveniles when he discovered them wearing dark clothes, in the area of a 3:30 a...
THE BIGGEST LOSER
Posted on December 18, 2008EMIMG src="http://images.quickblogcast.com/34726-32374/0,1425,i51009,00.jpg"nbsp;Satz's dirty little secretBRBRJAABLOG's/EM army of high paid statisticians has been working around the clock, thanks to a generous grant from A href="http://www.gatesfoundation...
Third Eye Blind
Posted on December 18, 2008nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;IMG src="http://images.quickblogcast.com/34726-32374/seilerr_bmp.jpg"BRBROld Jaybird is busy again, this time pimping for Jack Seiler.nbsp; Oh boy!nbsp; Has Jaybird finally picked a winner?nbsp;BRBRRemember, with all Jaybird's efforts, Lemack still lost to Israel...
FLORIDA JUDICIAL POLITICS GETS EVEN WEIRDER
Posted on December 18, 2008STRONGPALM BEACH POST/STRONGBRA href="http://www.palmbeachpost.com/localnews/content/local_news/epaper/2008/12/18/1218abramson.html"EMAbramson stripped of law license; vows to serve as judge/EM/ABRBRA href="http://www.floridasupremecourt.org/pub_info/summaries/briefs/07/07-713/Filed_12-08-2008_Order_Supension...
Buh-bye!
Posted on December 18, 2008Pnbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;IMG src="http://images.quickblogcast.com/34726-32374/2037854425_6746eccc54.jpg"BRBRnbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;EMDecember 19th is "Last Day Friday"/EMBRBRnbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;EMBuh-bye, Eileen...
THE BROWARD COUNTY COMMI$$ION
Posted on December 18, 2008IMG src="http://images.quickblogcast.com/34726-32374/book1.jpg" border=0nbsp; STRONGIMG src="http://images.quickblogcast.com/34726-32374/lori_geoff.jpg" border=0BRnbsp;nbsp;nbsp;nbsp;nbsp;nbsp;/STRONGEMLobbyist Ron Book/EMBRBRSTRONGBROWARD NEW TIMES/STRONGBRA href="http://www...
CLOSING ARGUMENTS TOMORROW
Posted on December 16, 2008Is Lady Justice Broward nothing more than a cheap whore?The Motion To Dismiss Based On Prosecutorial Misconduct in State v. Martinez concludes Wednesday before Judge Lebow. Attorneys for both sides provided case law and written authority to the Judge today...
"DISHONESTY, FRAUD, DECEIT, OR MISREPRESENTATION"
Posted on December 16, 2008The Florida Bar News Disciplinary Actions for December 15, 2008John Bruce Thompson, 5721 Riviera Drive, Coral Gables, permanently disbarred without leave to apply for readmission, effective 30 days from a September 25 court order. (Admitted to practice: 1977) Thompson is charged with extensive misconduct and a complete lack of remorse...
"GOVERNOR CHRIST" (FORMERLY "SHORT AND SWEET")
Posted on December 16, 2008(Thanks to Anonymous @ 10:38 PM)
MEDIA 12/15
Posted on December 15, 2008COUNTY COURT COURIERCounty Court Judges Party At Ritz-Carlton Amelia Island 12/17-12/19DAILY BUSINESS REVIEWZack ResignsSpechler's Revenge Lawsuit DismissedOrder Dismissing Spechler Suit"Chief U.S. District Judge Federico Moreno in Miami ruled the role of chief judge gave Tobin the discretion to reassign judges, giving him immunity from such lawsuits...
SEND YOUR KIDS TO CAMP
Posted on December 13, 2008The $9,000 tents can each house up to 22 prisonersASSOCIATED PRESSFlorida Turns To Tents To Deal With Rising Inmate Numbers"Some prison inmates in Florida - which locked up more new ones last year than any other state, according to a federal report released Thursday - soon could be living in tents...
THE SEVENTEENTH
Posted on December 12, 2008The Online Newsletter of the State Attorney's Office, 17th Circuit December 2008
WHAT WAS THAT CLICKING SOUND?
Posted on December 12, 2008State Atty Requests For Jail Calls 1/07 - 12/08 "We are also very concerned about the wiretapping area and eavesdropping on conversations between lawyers and clients. There's this "ends justifies the means" climate right now, one of "we're going to worry about our focus and narrow interests rather than the broad front" that we believe presents a great threat to our time-honored rights as citizens...
JNC SENDS SIX NAMES TO THE GOVERNOR
Posted on December 12, 2008Why is this man smiling? Is the last seat already his?The JNC sent the following names up yesterday for Judge Zeidwig's seat:1.) David Haimes, 2.) Michael Hursey, 3.) Kenneth Gillespie, 4.) Ed Merrigan, 5.) Barbara McCarthy, 6.) Raag Singhal...
ZACK'S RESIGNATION OFFICIAL
Posted on December 11, 2008Judge Robert Zack Chris Roberts NOTICE OF JUDICIAL VACANCIES-INSTRUCTIONSAs a result of the resignation of Judge Robert S...
ADMINISTRATIVE ORDERS ASSIGNING JUDGES
Posted on December 11, 2008Effective January 5th, 2009:ADMINISTRATIVE ORDER ASSIGNING JUDGES, GENERAL MAGISTRATES AND HEARING OFFICERS FE "to be determined after Governor Crist?s appointment to fill the current vacancy" FF "to be determined after Governor Crist?s appointment to fill the current vacancy" ADMINISTRATIVE ORDER DESIGNATING ADMINISTRATIVE JUDGES AND CHAIRPERSONS
4th DCA 17th Circuit Criminal Opinions
Posted on December 10, 2008Opinions released December 10th, 2008:G. Cohen - Affirm/Reverse/Remand Greene - Reversed Gates - Reversed/RemandedBristol - Affirmed M. Kaplan - Reversed D...
MEDIA 12/10
Posted on December 10, 2008State v. Martinez resumed today before Judge Lebow. Yesterday, Julie Vogel testified. We're told she disclaimed any knowledge of the contents of the recordings between attorney Chris Grillo and his client Martinez, apparently not listening to them until the Motion to Dismiss for Prosecutorial Misconduct was filed...
Ethics Commission Conclusion
Posted on December 10, 2008Howard has a TV show and you don't"The Commission found no probable cause to believe that Howard Finkelstein, Public Defender of the 17th Judicial Circuit, misused the resources of his office to direct staff to conduct research for his television show or that he pressured office staff to support his reelection campaign...
Disbarred Attorney Files Bar Complaint
Posted on December 09, 2008I am writing this letter in my capacity as Bill Gelin?s lawyer in a dispute generated by a complaint Jack Thompson has authored. Earlier today, Jack Thompson, a former Florida attorney, recently convicted and disbarred on 27 counts of ethical violations, used this blog to freely post a "News Release", announcing that the Florida Bar has opened an ethics complaint against one Bill Gelin...
FIVE JNC INTERVIEWS THURSDAY
Posted on December 09, 2008The JNC will interview five additional applicants on Thursday, December 11th. Interviews start at noon, in Room 1882, Broward County Courthouse. The interviews are, as always, open to the public.The applicants who received interviews on November 17th are still in contention...
5th DCA JNC GIVES CRIST THE FINGER/CHILD CARE
Posted on December 08, 2008The times they are a-telling, and the changing isn't free...*JUSTICE BUILDING BLOG*David Weed DemotedORLANDO SENTINELGov. Crist, lawyers argue over diversity of 6 judicial nominees"Gov. Charlie Crist this week rejected six nominees submitted to him for an open seat on the 5th District Court of Appeal, saying the list wasn't sufficiently diverse because it contained no black nominees...
AND THEN THERE WERE THREE...
Posted on December 05, 2008Six names were presented to the Governor to replace Lance Andrews:1.) David Haimes, 2.) Michael Hursey, 3.) Ken Gillespie, 4.) Christopher Pole, 5.) Barbara McCarthy, 6.) Raag Singhal.The Governor has whittled the list down to three remaining candidates:1...
BACK TO SCHOOL MONDAY (FORMERLY "PAYBACK IS A BITCH!")
Posted on December 05, 2008Lastday...report to Sleepshop COURTHOUSE UPDATE 17th JUDICIAL CIRCUIT OF FLORIDA - MEDIA ADVISORY Friday, December 5, 2008 - 2 pm Broward County's Main Courthouse in downtown Fort Lauderdale will RE-OPEN Monday, December 8, 2008...
JAABLOG'S FAMILY LAW FORUM
Posted on December 05, 2008Focus on the family Announcing JAABLOG's Family Law Forum...
4th DCA Opinions/17th Circuit Criminal
Posted on December 03, 2008Opinions released December 3rd:Dijols - Reversed/Remanded Gardiner - Reversed/Remanded Rodriguez-Powell - Reversed/RemandedOpinions released November 26:Siegel - Reversed/Remanded Weinstein - Reverse/Remand Opinions released November 21:Williams - Order QuashedOpinions released November 19:Bidwill - Reversed/Remanded Krathen - Reversed/Remanded Towbin-Singer - AffirmedMurphy - Certifies Question re Speedy Trial to the Supreme Court Backman - Affirmed (Does not include PCAs)
TEMPORARY JUDICIAL PHONE LINES
Posted on December 03, 2008Due to the lack of phone service at Broward County's Main Courthouse in downtown Fort Lauderdale, the Judge/JA phone directory has been updated to include temporary cell phone numbers in order to reach those offices. The directory has been attached for your convenience...
JACKSONVILLE CIRCUIT JUDGES CONFERENCE NEXT WEEK
Posted on December 03, 2008Attorney Jay Spechler and Judge Gehl, 2007 Amelia Island ConferenceEveryone knows that judges love their conferences. They'll travel through rain, sleet, and snow to get there, especially since the budget cuts threaten to make the group self-adulation fests a thing of the past...
UPDATES
Posted on December 03, 200817TH JUDICIAL CIRCUIT OF FLORIDA - MEDIA ADVISORY: Wednesday, December 3, 2008 The 17th Judicial Circuit of Florida Office of the Trial Court Administrator has created a temporary email address for attorneys and the public to contact the Broward Court System with any questions as the building remains without phone service and limited communications as a result of flooding earlier this week...
CRIST MEANS WHAT HE SAYS
Posted on December 03, 2008THE FLORIDA TIMES-UNIONCrist rejects nominees, demanding diversity for 5th DCAThe list has names of six white applicants and no blacks.In a striking step sure to have broader ramifications, Gov. Charlie Crist on Monday rejected a list of judicial nominees for a state appeals court, citing the lack of racial diversity...
APPLICANTS FOR JUDGE ZEIDWIG'S SEAT
Posted on December 02, 2008List of the applicants who have applied for nomination to the 17th Judicial Circuit Court of Florida for the vacancy created by the death of Judge Zeidwig:Mari Blumstein, Jaqueline Boswell, Melinda Brown, Carol Chloupek, Shannon DeJesus, Pedro Dijols, Paul Eichner, Phoebee Francois, Ted Galatis, Ken Gillespie, Patrick Giunta, David Haimes, Michael Hursey, Jorge Hurtado, William Lefkowitz, William Leonard, Scott Levine, Nadine Girault Levey, Nick Lopane, Sam Lopez, Barbara MaCarthy, Kathleen McHugh, Edward Merrigan, Stefanie Moon, Stefanie Newman, Kathyrn Pecko, Chris Pole, Jackie Powell, Derrick Roberts, Michael Robinson, Laura Rodgers, Carlos Rodriguez, Charles Rowley, Richard Sachs, Andrew Salvage, Robert Saunooke, Maria Schneider, Raag Singhal, Ann Marie St...
BUILD A NEW COURTHOUSE ANYWHERE BUT DOWNTOWN
Posted on December 02, 2008SENTINEL BROWARD POLITICS BLOGPrepare to vote on the courthouse again"Voters could be asked to reconsider building a new courthouse by November 2010 under plans county commissioners began crafting Tuesday.Mayor Stacy Ritter plans to ask her colleagues to create a task force next week of judges, court administrators, lawyers, business leaders and city officials...
COURTHOUSE CLOSED UNTIL MONDAY
Posted on December 02, 200817TH JUDICIAL CIRCUIT OF FLORIDA - MEDIA ADVISORY FOR IMMEDIATE RELEASE Tuesday, December 2, 2008 - 11 am Broward County's Main Judicial Complex in downtown Fort Lauderdale will be CLOSED to the public through and including Friday, December 5, 2008...
COURTHOUSE CLOSED MONDAY
Posted on December 01, 2008Due to a severe flooding issue resulting in extensive damage, Broward County's Main Judicial Complex in downtown Fort Lauderdale will be CLOSED on Monday, December 1, 2008. 1st appearance bond proceedings will continue as scheduled. More information will be distributed as it becomes available...
COURTHOUSE UPDATE
Posted on December 01, 2008Cosmic Message?The Courthouse is definitely closed to the public Tuesday. However, it is open to employees. Wednesday public closure is highly likely as well. The North Wing is expected to reopen to the public Thursday, while the old sections of the Courthouse may be closed until at least next week...
THE WILD WILD LIFE OF STANTON KAPLAN
Posted on November 29, 2008Stanton Kaplan defeated an incumbent to become judge in 1966; his college roommate was actor Michael Dunn of Star Trek and The Wild Wild West fame (Dr...
STATE ATTORNEYGATE DEFENSE MOTIONS
Posted on November 27, 2008The Ghost of J. Edgar HooverDefense and BACDL Motions filed in State v. Martinez:Defense Motion To Dismiss Based On Prosecutorial MisconductBACDL Amicus BriefHEARING RESUMES DECEMBER 9TH BEFORE JUDGE LEBOW
NOT GUILTY! (FORMERLY BRUSH WITH GREATNESS)
Posted on November 25, 2008"The judge wanted to know if I had ever been arrested!""She?s the darling of the national media. She is positioned to be a Democratic leader in Congress one day. She was just named one of the top 50 Jews in America by Forward, a leading Jewish newspaper...
MEDIA 11/24 - SATZ DOES IT AGAIN
Posted on November 24, 2008The law is the law, unless you are rich, powerful, or a cop.THE WALL STREET JOURNALScales of Justice: The Right to Counsel vs. the Need to Bar Tainted Legal Fees "The criminal defense bar is closely watching the coming trial of a prominent Miami attorney, Ben Kuehne...
BROWARD BUCKS ANOTHER TREND
Posted on November 24, 2008State Attorney Satz hard at workHERALDBroward an exception to school violence trend "While it doesn't seem like it this month, school crime statewide has actually been on a steady decline, according to figures compiled by the Florida Department of Education...
JAABLOG SPONSOR: THE JIM CROW FOUNDATION
Posted on November 24, 2008Men like Jay Crowstein, Jimmy O'Crow and Jaime Crowierrez have claimed Broward as their home since the 1960's...
JAABLOG MOVEMENT: JANUARY, 2009
Posted on November 21, 2008BERNIE BOBER REPLACES EILEEN O'CONNOR IAN RICHARDS REPLACES JULIO GONZALEZ ELLEN FELD TO A SATELLITE PLEASE POST A COMMENT REGARDING OTHER CONFIRMED CHANGES
ALTERNATIVES TO INCARCERATION MEETING DECEMBER 3rd
Posted on November 20, 2008The committee that organized the "Alternatives to Incarceration Summit" and has been working on carrying out the directives of that summit is holding a formal organizational meeting for the purposes of electing officers and naming the organization...
MEDIA 11/20
Posted on November 20, 2008Aleman CowardFLORIDA SUPREME COURT"Judge Aleman's Motion For Rehearing is hereby denied"Time to start making the popcorn - public reprimand coming soon to a computer screen near you! HERALD3 0f 90 Issue: Minority lawyers in Broward County seek judicial spots "Spurred by the concerns of local minority attorneys, the Broward Judicial Nominating Commission has made ethnicity an issue...
JUDGE KAPLAN'S SEAT: APPLICATIONS BY JANUARY 5th
Posted on November 20, 2008NOTICE OF JUDICIAL VACANCIES-INSTRUCTIONSAs a result of the death of Judge Charles Kaplan, there is a vacancy on the Seventeenth Judicial Circuit Court, in and for Broward County, Florida...
FLORIDA'S MODERN DAY QUEUE ORDINANCE LIVES ON
Posted on November 18, 2008Chinese-American man with traditional queueHo Ah Kow v. Nunan (1876)In addition to its attempts to bar Chinese immigration, California passed several laws to harass Chinese residents and discourage their presence. This was especially true in the late 1870s when the Workingman?s Party rose to prominence under the slogan ?The Chinese Must Go!? In 1876, the California legislature passed the ?cubic air law,? specifying the size of living quarters for every tenant: lodgings had to provide at least 500 cubic feet of air for each adult...
BOB NORMAN STRIKES AGAIN!
Posted on November 18, 2008It turns out it has nothing to do with Kool-Aid after allTHE DAILY PULPMichael Satz's $100,000 Club The Broward New Times' Bob Norman wrote on Tue Nov 18, 2008:I was bored so I thought I'd compile the list of all the people at the State Attorney's Office who make $100,000 or more...
BACDL MEETING AND PARTIES
Posted on November 18, 2008We are pleased to announce a new organization structure for BACDL. We will be holding our monthly board meeting at the Public Defenders Office Conference room and encourage all members to attend. Our first meeting at the new location will be on December 2, 2008 at noon...
SIX NAMES TO REPLACE ANDREWS
Posted on November 18, 2008The 17th Circuit JNC has sent the following six names to the Governor for his consideration in filling the Circuit Court vacancy created by the retirement of Judge Lance Andrews:1.) David Haimes, 2.) Michael Hursey, 3.) Ken Gillespie, 4.) Christopher Pole, 5...
JNC INTERVIEW QUESTIONS
Posted on November 17, 2008The JNC interviewed twenty circuit court candidates this afternoon. JAABLOG was there for sixteen of them, as opposed to the five county court interviews we sat through last May.The TJ Reddick Bar Association had a court reporter present for the entire afternoon...
HOROWITZ AND ROSENBERG MAKE THE CUT
Posted on November 17, 2008FLORIDA BAR NEWS RELEASE4TH DCA JNC CERTIFIES NOMINEES FOR TWO 4TH DCA VACANCIESAfter careful consideration and pursuant to Article V, Section 11 of the Florida Constitution, the Fourth District Court of Appeal Judicial Nominating Commission has certified the following nominees to Gov...
SATZ CAUGHT WITH HIS THUMB ON THE SCALE YET AGAIN
Posted on November 16, 2008"The law is the law I tell you..."SENTINELHandling of Davie police officer's criminal sex case questionedDid Davie officer get special treatment after crime reported?"Strapping a gun to your side and coercing a woman to perform a sex act is usually called sexual battery...
WILL HISTORY REPEAT ITSELF?
Posted on November 16, 2008The New New Deal?The Gold Confiscation Of April 5, 1933 From: President of the United States Franklin Delano Roosevelt To: The United States Congress Dated: 5 April, 1933 Presidential Executive Order 6102 Forbidding the Hoarding of Gold Coin, Gold Bullion and Gold Certificates By virtue of the authority vested in me by Section 5(b) of the Act of October 6, 1917, as amended by Section 2 of the Act of March 9, 1933, entitled An Act to provide relief in the existing national emergency in banking, and for other purposes~', in which amendatory Act Congress declared that a serious emergency exists, I, Franklin D...
Finkelstein v. Book
Posted on November 14, 2008SUN SENTINEL BROWARD POLITICS BLOGFinkelstein speech inflames commissionersPublic Defender Howard Finkelstein rankled county commissioners Thursday when he cursed at them and accused them of meddling in the justice system to help lobbyist friends. Finkelstein was upset with plans for an upcoming public hearing on a proposal that delineates how pre-trial release should work...
AT LEAST HE TRIED
Posted on November 13, 2008First Appearances judge cannot modify bail when the issuing capias judge orders a no bond hold. Imperato v...
PLEADINGS ACCEPTED CIRCUIT WIDE
Posted on November 13, 2008Administrative Order Authorizing the Filing of Pleadings or Papers at Any Office of the Clerk of Court(If the arraignment is less than 10 business days away, WPNG must be filed in the presiding courthouse) (Effective November 3rd, 2008)
4th DCA Opinions/17th Circuit Criminal
Posted on November 13, 2008Opinions Released: November 12, 2008:S. Kaplan: Reversed and Remanded Levenson: Reversed and Remanded Newman: Affirmed Lazarus: Reversed and Remanded Frusciante: Reversed and Remanded Opinions Released: November 5, 2008:Bidwill: Affirmed Levenson: Affirmed Rodriguez-Powell: AffirmedOpinions Released: October 29, 2008:Gardiner: Reversed M...
QUESTION 2 PASSES IN MASSACHUSETTS
Posted on November 12, 2008Another good reason to send your kid to college in BostonQUESTION 2: Law Proposed by Initiative PetitionMassachusetts becomes the 13th state to decriminalize marijuana possession. Getting caught with less than one ounce means a civil fine of less than $100...
JNC INTERVIEWS: MONDAY, NOVEMBER 17th
Posted on November 12, 200820 Interviews for Lance Andrews' Seat:Hursey 12:00Williams 12:10Pole 12:20Usan 12:30Robinson 12:40Salvage 1:00Haimes 1:10Gillespie 1:20Newman 1:30Dijols 1:40Hurtado 2:00Brown 2:10Roberts 2:20Sachs 2:30Singhal 2:40McCarthy 3:00Giunta 3:10Rodriguez 3:20Lopane 3:30Saunooke 3:40ROOM 1882 (New Administrative Office), 1st Floor, North Wing, Broward County Courthouse, 201 SE 6th Street DBR's INSIDE TRACK BLOG INTERVIEWS OPEN TO THE PUBLIC
WHERE TO FIND YOUR JUDGES THURSDAY
Posted on November 12, 20084th DCA INTERVIEW SCHEDULE at The Fourth District Court of Appeal, 1525 Palm Beach Lakes Blvd...
MEDIA 11/12
Posted on November 12, 2008SOUTHERN DISTRICT BLOG Fundraiser and Reception in defense of Ben KuehneDAILY BUSINESS REVIEWSupreme Court punts on Brummer's plan to dump felony casesRuden McClosky accused of fraudFernandez, Brown likely to be in two-way race for chief judge of Miami-DadeEmail from Judge Ivan Fernandez (pdf)Farina won?t seek re-election as chief judgeLegal Aid funds run dry nationwideHigh court backs Florida Bar; Conway will be reprimandedBroward County Clerk Forman gives employees $900 bonusesActivists expect more litigation over ban on gay marriageCARMEL ON THE CASEPill Mills: Prescription Drug Tourism in FloridaPrice of Justice: Judges Live it UpJUSTICE BUILDING BLOGJudge Emas in defense of judicial conferencesJudicial Conference Contretemps!!BROWARDBEAT...
THE END
Posted on November 06, 2008JAABLOG spoke to Mardi Levey Cohen today. She is not pursuing the special election, which means Judge Bober's election stands free and clear.Mardi feels she is entitled to the special election, but believes it would be too costly for the taxpayers and generally counterproductive at this time...
YOUNG LAWYERS APPRECIATION LUNCHEON
Posted on November 05, 2008WHAT: Appreciation Luncheon honoring the service of Catalina Avalos, Pedro Dijols, and Julio Gonzalez.WHEN: Thursday, November 13th, 2008 at 11:45 AM.WHERE: The Riverside Hotel, 620 Las Olas Blvd., Fort Lauderdale ($25.00).RSVP: Carmen@Velasquez-Law.com (by November 10th)...
"The agency isn't about one person, it's about 6,000 people."
Posted on November 05, 2008"It's time to give the agency back to the people of Broward County." - Sheriff Al Lamberti Why do we need another political hire when we have so many good cops who have earned the position? (originally posted on JAABLOG September 6, 2007)HERALDAl Lamberti holds onto post as Broward sheriff
IT'S TRUE
Posted on November 05, 2008BOB NORMAN'S DAILY PULPAlu quits State Attorney's Office "I'm hearing that Sunrise City Commissioner Sheila Alu abruptly quit her job as prosecutor at the State Attorney's Office today. Alu, who blew the whistle on Judge Ana Gardiner, isn't talking about it, but she has complained in the past about what she claimed were retaliatory actions from supervisors since this story was published...
MEET JUDGE BOBER*
Posted on November 04, 2008JUDGE BERNARD BOBER KEVIN KULIK LOOKING TO 2010 2008 Broward County General Election Results (Page 7 for Bober v. Levey, Ehrlich v...
THE SEVENTEENTH
Posted on November 03, 2008The Online Newsletter of the State Attorney's Office, 17th Circuit November, 2008
37 APPLICANTS FOR ANDREWS' SEAT/ZEIDWIG SEAT OPENED UP
Posted on November 03, 2008Michael Hursey, Jerry Williams, Chris Pole, Laura Rodgers, Jacqueline Boswell, Katie McHugh, Stefanie Moon, Michael Usan, Mike Robinson, William Lefkowitz, Sam Lopez, Andrew Salvage, Ted Galatis, Ken Gillespie, David Haimes, William Leonard, Stefanie Newman, Charles Rowley, Jackie Powell, Pedro Dijols, Jorge Hurtado, Carol Chloupek, Mindy Brown, Derrick Roberts, Richard Sachs, Kathryn Pecko, Raag Singhal, Brad Weissman, Jim Wells, Barbara McCarthy, Phoebee Francois, Patrick Giunta, Maria Schneider, Carlos Rodriguez, Nick Lopane, Nadine Girault, Robert Saunooke...
EVERY VOTE COUNTS
Posted on November 03, 2008It will be an evening of firsts..... The first female Vice President or the first African American President
DON'T FORGET TO VOTE
Posted on November 02, 2008On the eve of what could be the most significant event in US history.....
JAABLOG SPONSOR: SPRAY ON BLACK & TAN
Posted on November 01, 2008BEFORE AFTER VISIT SPRAY ON BLACK & TAN BEFORE THAT ALL IMPORTANT JNC INTERVIEWFool your friends, neighbors, and the Judicial Nominating Commission...
SUPREME COURT BACKS FLORIDA BAR
Posted on October 30, 2008The Florida Supreme Court discharged the order to show cause issued on June 23rd, 2008, in the matter of THE FLORIDA BAR vs. SEAN WILLIAM CONWAY, which stated:The parties are hereby directed to show cause on or before July 14, 2008, whether any of respondent's comments should be considered protected speech under the First Amendment (i...
OOPS, HE DID IT AGAIN
Posted on October 30, 2008Mike Satz plays dress up with justice againSENTINELCharges dropped against final Broward Sheriff's deputy in false records scandalTopix: Exceptional Clearance Charges DroppedOne of Broward County's biggest law-enforcement scandals ended with a whimper Wednesday, when prosecutors dropped 30 charges against a former deputy accused of faking confessions and falsifying reports...
CRISIS? WHAT CRISIS?
Posted on October 30, 2008Where's that damn waiter with my margarita?We're hearing investigative reporter Carmel Cafiero is at it again. Every judge's worst nightmare has been busy indeed. Watch WSVN Channel 7, Monday at Ten.
4th DCA APPLICANTS
Posted on October 27, 2008We'll drink a round to this town and bid goodbye...The following individuals have applied to the Fourth District Court of Appeal Judicial Nominating Commission for nomination to the Fourth District Court of Appeal: Ralph Steven Behr, Joseph R. Chloupek, Judge Cory J...
CONGRATULATIONS BRIAN
Posted on October 23, 2008The Walrus was not PaulMARKET WATCHCrime Commission Honors Brian Cavanagh as Prosecutor of the YearThe Broward County Crime Commission (hosts) a gala on Thursday, October 23rd, 2008, where the criminal justice system, as a whole, will be honored. Several hundred prominent people will gather on Thursday evening to pay tribute to the Criminal Justice system in Broward County...
THOMPSON STRIKES OUT AGAIN
Posted on October 23, 2008Jack Thompson?s Appeal to FCC DefeatedThe Federal Communications Commission, which had denied in a Memorandum Order on June 1, 2007 an attempt by Jack Thompson to seek revocation of Miami radio station WQAM?s license renewal, denied Thompson?s Petition for Review of its original order on October 23rd, sustaining its original findings, which vindicate the conduct of attorney Norm Kent and Beasley Communications...
THE UPSIDE DOWN WORLD OF MIKE SATZ
Posted on October 22, 2008Remember the strange case of Eleanor "Leisa" Adderley? You know, the wife of Fort Lauderdale Police Chief Frank Adderley, who allegedly fired four shots in the near vicinity of her husband during an argument? It was reported by the press that Frank Adderley's nephew, Karrick Robinson, heard his uncle say "please don't kill me, Leisa," before the first shot rang out...
BROWARD "JUSTICE" CREATES CRIME
Posted on October 21, 2008Mike Satz can be seen in Judge Bidwill's courtroom all next week7/06-6/07: ARRESTS FELONY FILINGS MM FILINGS TOTAL FILINGS PRISON ADMISSIONS '06PALM BEACH: 80,367 11,777 37,606 49,383 1,093MIAMI-DADE: 132,803 29,184 72,687 101,871 2,235BROWARD: 84,904 18,367 33,596 51,963 3,263 (Data compiled for Judge Gardiner during the planning for First Appearances Court)POPULATION: Broward (1,787,636) Palm Beach (1,274,013) Miami-Dade (2,402,208)SENTINELOverall violent crime increases in Broward County in first half of 2008"Counter to a statewide trend, Broward County experienced an overall increase in violent crime in the first half of 2008 compared with the same period last year, according to statistics released Tuesday...
MEDIA 10/21
Posted on October 21, 2008HERALDJudgefight in Miami see also Rumpole for the inside scoopAccused of indecent exposure, Miami-Dade judge resignsFlorida Supreme Court opened the floodgates for cameras in courtHerald endorses Bober, Ehrlich, and FerenSENTINELCardiac arrest killed Judge KaplanFouled Breathalyzers may not be at issue in BrowardReyka killing only 2007 police officer murder unsolved nationwideRichard Wennet is sued by woman he dated years agoCorruption in the Hollywood PDDAILY BUSINESS REVIEWFinkelstein creates foreign language unit Court workers doing more with lessCrist asks JNC to provide more diverse pool of candidatesNEW TIMESThe Rise of Scott Rothstein, employer of ex-judges and sheriffsLori and Geoff's lossLAW...
CHARLIE'S MEMORIAL SET FOR OCTOBER 31ST
Posted on October 20, 2008Raag Singhal wrote on Monday, October 20th:Judge Charlie Kaplan was laid to rest yesterday, October 19, 2008 in Paramus, New Jersey after a beautiful ceremony at Eden Memorial Chapels in Fort Lee, New Jersey. The service and burial were attended by more than 300 people from across the country...
PSCC LOVEFEST
Posted on October 16, 2008The Public Safety Coordinating Council (PSCC) met this afternoon. The PSCC is a statutorily created body charged primarily with keeping the jail population at manageable and safe levels.Today's theme: LOVE.The reason: First Appearances Court is off to a roaring start, and inter-agency cooperation is the reason why...
COURTHOUSE LOSS
Posted on October 15, 2008Too youngJUDGE CHARLIE KAPLAN HAS PASSED AWAY FROM A HEART ATTACK
AFFIDAVITGATE & JENNE
Posted on October 13, 2008SENTINELBroward County prosecutor accuses judge of improper behaviorTopix: Team Gardiner and Satz working double overtime"Judge Gardiner's comments as to the veracity of this affidavit will be left for another day," her attorney David Bogenschutz said...
UPCOMING EVENTS
Posted on October 12, 2008EVENT: A FUNDRAISER RECEPTION WITH COCKTAILS AND APPETIZERS FOR CIRCUIT COURT JUDGE CANDIDATE MERRILEE EHRLICHWHEN: Wednesday, October 15, 2008 @ 5:00 PMWHERE: 320 SE 9th Street, Fort Lauderdale, FL, 33316SPONSOR: Guy Seligman, EsquirePolitical Advertisement approved by Merrilee Ehrlich, non-partisan for Circuit Court Judge Group 21...
PURPORTED COMMUNICATION FROM MS. SHEILA ALU
Posted on October 10, 2008Sheila Alu wrote:Disclaimer: As to the extent that our ethical rules allow me to do so, I am addressing some of the comments that have been posted on JAABlog over the past six months. To respect the rights of a man whose life hangs in the balance, I will not engage in public discussion relating to the specifics of this topic or as to where in the process this issue remains...
WEEKENDER
Posted on October 10, 2008Attorney Jay Spechler DAILY BUSINESS REVIEW INSIDE TRACK BLOG Spechler admits JQC investigation "(I)n federal court papers, former Broward County Judge Jay Spechler acknowledges he?s being investigated by the JQC and claims Chief Circuit Judge Victor Tobin prompted it...
THE MANY FACES OF PAUL BACKMAN: *UPDATE 10/10*
Posted on October 10, 2008Judge Paul Backman has worn many hats. County Court Judge, Chief Criminal Judge for Broward's Circuit Court, denizen of Repeat Offender Court (ROC), Chief Judge candidate, Mayor of Hugh's Cafe, and, most recently, Judicial Qualifications Commission panel member (JQC)...
JAABLOG SPONSOR: FLORIDA BRAND MUSHROOMS
Posted on October 09, 2008Want to kick cocaine? Ecstasy gives you back pain? Tired of the narcotic hangover from Xanax or Ambien? Getting too fat from the marijuana munchies? Too scared to drink and drive? TRY FLORIDA BRAND MUSHROOMS SAFE, FUN AND LEGAL ONLY IN FLORIDA! (Fiske v...
WELCOME BACK, PEDRO
Posted on October 09, 2008Your dreams were your ticket out...SUPREME COURT OF FLORIDA DENIES DIJOLS JURISDICTION AND RELIEFNo motion for rehearing will be entertained by the Court(Thanks to "The Supremes" at 10:10 PM under "JAABLOG WELCOME" on October 8th, 2008)HERALDMardi Anne Levey's bid for Broward Circuit Court upheld ''This lawsuit in my opinion was offensive,'' Levey said...
ALU SEES IT THROUGH
Posted on October 09, 2008Former Chief Criminal Judge Ana GardinerAFFIDAVIT OF SHEILA ALU, SEPTEMBER 9, 2008BROWARD NEW TIMESJudging Ana: Gardiner's alleged relationships with lawyers and prosecutors raises troubling questionsJudge's Gambit: Gardiner's only defense was an off-the-wall cease-and-desist letter
LAMBERTI FOR SHERIFF EVENTS NEXT WEEK
Posted on October 08, 2008EVENT: A Reception and Open Discussion for the Criminal Law and Courthouse Community Featuring Broward Sheriff Al LambertiWHEN: 5:30 PM to 7:00 PM Tuesday, October 14WHERE: Cafe Seville Restaurant 2768 E...
THE SEVENTEENTH/REYKA INVESTIGATION
Posted on October 08, 2008The Online Newsletter of the State Attorney's Office, 17th Judicial Circuit OCTOBER 2008 NEW TIMESDueling Detectives: Private dick Dan Riemer says he solved the murder of Sgt...
IT'S ALL ABOUT THE POWER, BABY!
Posted on October 07, 2008Mike and Chuck relive their favorite death penalty momentsMike Satz has been the State Attorney of Broward County since 1976...
MEDIA 10/7
Posted on October 07, 2008DAILY BUSINESS REVIEWPublic Defender Finkelstein announces raises for 80 percent of employeesFinkelstein gave salary increases to 168 employees out of a total of 205. The increases range from 2 percent to 7 percent, or $500 to $4,600, based on merit with most getting 3 percent or less, according to executive chief assistant public defender Catherine Keuthan...
BROWARD JUDICIAL ICON DAN FUTCH
Posted on October 06, 2008"Maximum Dan" Futch A hero and mentor to many in Broward's criminal justice system...
Andrews says he was asked to leave early to benefit Dijols
Posted on October 06, 2008MIAMI HERALDBroward's chief judge is accused of backroom wheeling and dealing"A retiring Broward judge says he was asked to leave earlier than planned under pressure from the county's chief judge so he could fill the vacancy with another judge in danger of losing his reelection bid...
COURTHOUSE LOSS
Posted on October 06, 2008Judge Howard Zeidwig Judge Zeidwig passed away Saturday after a courageous battle with cancer...
INVESTMENT OPPORTUNITY
Posted on October 03, 2008PLAN FOR WHAT SHOULD BE YOUR GOLDEN YEARS For a filing fee of $5,803...
MEDIA 10/2
Posted on October 02, 200825 macks for a 1/2 gram of cokeDAILY BUSINESS REVIEWConflict Counsel Office: Revolving door in representing the poorForced time off for Broward state attorney's officeBROWARDBEAT.COMDijols files 27 page brief with Supreme CourtWALL STREET JOURNALMackerel Economics in Federal Prison: Packs of Fish Catch On as Currency since cigarettes are bannedBURLINGTON FREE PRESSPhish reunion tour (thanks to BIS)FLORIDA SUPREME COURTFlorida Bar's Initial Brief v...
JUDICIAL VACANCY APPLICATION DEADLINE OCTOBER 31
Posted on October 02, 2008JUDICIAL NOMINATING COMMISSION SEVENTEENTH JUDICIAL CIRCUIT Commissioners: Richard J...
JAABWALK THURSDAY SPECIAL DEDICATION
Posted on October 02, 2008Tobin sees the forest through the empty stairwells but hangs tough with Lee on the necessity for Traffic Hearing OfficersToday's JAABWALK was inspired by Chief Judge Tobin's summertime turnaround on the new courthouse issue, and the push for funding of the Traffic Magistrates program...
JAABLOG MOVEMENT*
Posted on September 30, 2008-Stacy Ross replaces Gonzalez in MM DVU?-Beller moves downtown to replace Stacy Ross?-Gonzalez to Rothstein, Adler? *All line-up changes based on rumor and innuendo. Not final until official government action.
THE STRANGE CASE OF THE CIVILIAN ARREST WARRANT
Posted on September 30, 2008Sgt. Reyka, Fallen HeroDaily Pulp: P.I. Says Sgt. Chris Reyka Murder Case Is Solved (Tuesday)BrowardBeat: BSO: Rumors On Deputy Not True (Monday)JAABLOG Commentators (Sunday)
GOTCHA!
Posted on September 30, 2008Oops...Thanks for playing the holiday version of JAABLOG GOTCHA! Thanks go out to our partners at The Spoof!, and to Fox Television in Los Angeles, who, we're told, received a number of inquiries today from the 954 (yes, apparently there was an executive who didn't take the day off)...
MEET FRAN O. ROSS (NO RELATION)
Posted on September 29, 200819th Circuit judicial candidate Fran O...
BOBER FUNDRAISER WEDNESDAY
Posted on September 29, 2008The side of Bernie's face talking to the Governor and some other guy Date: Wednesday October 1, 2008 Time: 5:30 PM to 7:30 PM Place: Himmarshee Bar and Grill 210 SW 2 Street Fort Lauderdale, FL 33301 VOTE NOVEMBER 4, 2008 Political advertisement paid for and approved by the Bernie Bober campaign for Circuit Court Group 3 non-partisan...
SUPREME COURT: PUBLIC REPRIMAND AND COSTS FOR ALEMAN
Posted on September 29, 2008Cheryl Aleman on trial (DBR) INQUIRY CONCERNING JUDGE ALEMAN (Thanks to "ALEMAN opinion" posted on "JAABLOG WELCOME" at 3:23 PM on 9/29) JAABLOG SPECIAL PRESENTATION: ALEMAN PUBLIC REPRIMAND IN IMAX (date and price to be announced)
MEDIA 9/28
Posted on September 28, 2008I have good news Daisy...DAILY BUSINESS REVIEWWennet to challenge opponent?s victory in raceCandidate Abramson faces new Bar complaintsAnti-porn crusader Thompson stripped of license to practice lawAppellate court asks Supremes to hear Miami-Dade public defender?s request to dump casesSupreme Court Ruling: In Death Row cases, attorneys can request pay beyond JAC capJudge Stone to retire after 22 years on 4th DCAPALM BEACH POSTFlorida Bar practicing wrong kind of politics"(Abramson's past behavior) is not what the public needs in a judge...
"FRIENDLY EARS" CHARLIE
Posted on September 26, 2008Major Rockstar (sold out concerts guaranteed for at least 4 years)Governor Crist was at the Riverside Hotel today, as the featured guest in the Sun-Sentinel's Dueling Columnists luncheon forum series...
SO LONG JACKIE BOY
Posted on September 25, 2008JACK THOMPSON PERMANENTLY DISBARRED (Thanks to "DISBARRED: Jack Thompson" under "JAABLOG WELCOME" 9/25 at 11:13 am)
FALLOUT
Posted on September 25, 2008SENTINELRuling puts judge candidate back in race, but ballots lack her name"(Broward Supervisor of Elections) Snipes said her office will continue printing ballots with Dijols' name on them and post notices at polling places that "a vote cast in the position for Dijols is really a vote cast for Mardi Levey...
STATE ATTORNEY'S OFFICE FURLOUGHS
Posted on September 25, 2008Thanks Mike!"The Public Defender's Office will not furlough employees because the criminal justice system is our responsibility as a community...
IMPORTANT MESSAGE FROM BACDL
Posted on September 25, 2008Attorney Teresa WilliamsMany months ago, I had at least two clients in two separate courtrooms where I litigated Motions for ROR and obtained court orders releasing my clients. Several days later, like 4-6 days, both of my clients were still sitting in jail...
THE PHANTOM NEEDS OUR HELP
Posted on September 24, 2008Who is the Phantom Fauxtoshopper?Message from the Phantom posted under "JAABLOG WELCOME" on 9/24 at 10:11 AM:The Phantom's Suggestion Box wrote:Greetings from the Phantom.While there are loads of wonderful pictures available on this blog and on the web to use as blank canvas for my "work", I have discovered that there are remarkably FEW pictures of our Broward County Judges available...
LEVEY WINS
Posted on September 24, 2008Feminist martyrdom courtesy of Bill Scherer Mardi LeveyThe 4th ruled a little after 8:00 AM this morning in Levey's favor in a strongly worded 9 page opinion... 4th DCA Opinion"The challenge in this case comes AFTER election officials had approved the candidate's choice of name for use on the ballot, AFTER the ballots for the primary were printed, AFTER the primary was held, and AFTER the electors had voted in sufficient number to place Levy in the position of finishing second...
MORE BAD NEWS FOR INCUMBENTS AND THEIR PET BAR
Posted on September 23, 2008Meet Judge Abramson Incumbent Richard Wennet - LoserPALM BEACH POSTAbramson declared winner in disputed judicial raceFlorida Bar asks court to suspend license of circuit judge's challenger (9/15)DAILY BUSINESS REVIEWCandidate Abramson faces new Bar complaints (9/23) YOU DON'T HAVE TO BE HISPANIC TO LOSE - DERAIL THE BROWARD PRISON MACHINE NOW! (Thanks to Grey Tesh)
BROWARD COUNTY BAR DISINFORMATION CAMPAIGN
Posted on September 23, 2008The Eiffel Tower and the Taj Mahal are mine to see on clear days You thought that I would need a crystal ball to see right through the haze - Pete TownshendMessage from the Broward County Young Lawyers Section:Please join the Broward County Bar Association Young Lawyers Section for a special luncheon on Thursday, September 25, 2008 at 12:00 PM to hear from Broward County Commissioner Ken Keechl...
DOCUMENTS IN DIJOLS V. LEVEY
Posted on September 23, 2008SENTINELBallot printing in Broward County halted until dispute settledHERALDEditorial: What's in a name? Ballot confusion4TH DCADocket Dijols v. Levey4TH DCA ORDER GRANTING STAY LEVEY REQUEST FOR STAY LEVEY APPEAL DIJOLS RESPONSE HAS THE 4TH INDICATED A RULING FOR LEVEY BY STOPPING THE PRINTING OF BALLOTS INCLUDING DIJOLS?
JAABLOG MOVEMENT*
Posted on September 22, 2008Managers exchange line-up cards before the first pitch-Bob Wills in for Jorge Reres as Head of Capital Crimes at the Broward PD.-Tony Loe in for Mark Springer as Head of 10/20/Life/ROC at the Broward SAO.-Judith Wolfson Levine, BSO General Counsel, in for Circuit Judge Lance Andrews (only if Lamberti loses?)...
A THANK YOU NOTE FROM THE CARTERS
Posted on September 22, 2008Zachary, Shari, and Aiden Carter The one and only Joe Dear Friends & Colleagues,Thank you for your love and support over the past six months. Since Joe passed away, I have been faced with situations, challenges and a range of different emotions that I can not even begin to explain...
BROWARD JUDGES REBEL AGAINST ADDED WORKLOAD
Posted on September 22, 2008County Judges say no to full work daysSENTINELTraffic offenses handled speedily"Thousands of residents have paid the bare minimum since Broward county judges took over traffic hearings on Sept. 2. The state's attempt to save money by doing away with traffic magistrates is creating a shortfall for the cities, which get a percentage of the fines...
THE DBR AND THE WESTSIDE GAZETTE WEIGH IN
Posted on September 22, 2008DAILY BUSINESS REVIEWCommentary by Eddie Dominguez: Crawling over each other doesn?t help diversify"Ian Richards is no crusader for change at the Broward County Courthouse. His victory over County Court Judge Catalina Avalos might anger a lot of powerful lawyers ? the New Times and the bloggers behind the Broward courthouse blog seem to relish that...
FREE BOOZE THURSDAY (BACDL)
Posted on September 21, 2008WHAT: BROWARD ASSOCIATION OF CRIMINAL DEFENSE LAWYERS' HAPPY HOUR WHEN: THURSDAY, SEPTEMBER 25, 2008 5:00 PM - 8:00 PM WHERE: TARPON BEND (UPSTAIRS) 200 SW 2ND STREET FORT LAUDERDALE, FL FREE DRINKS!
Big Youthful Offender Change Effective 10/1/08
Posted on September 21, 2008Effective October 1, 2008, section 958.04 is amended so that a YO sentence must be imposed before a defendant turns 21- this is a change from the prior language which required the offense to be committed before age 21.If you have any clients who qualify for YO but are over 21 ? you should think about pleading them before 10/1...
MEDIA 9/19
Posted on September 19, 2008Jay Hurley (DBR) Al Milian (Herald) Professor WhitebreadSENTINEL4th denies Bober/Kulik petition for declaration of victory"But the legal battles over the Group 3 circuit judge race may not be over yet as election officials get ready to mail absentee ballots overseas Saturday---as required by state law...
PBA ATTORNEY AL MILIAN BUSTED
Posted on September 19, 2008MilianAl Milian arrested this morning at 1:33 AM for DUI Property Damage by BSO...
LET THEM EAT CAKE!
Posted on September 18, 2008If the sabot fits? ... Or people just love cake damnit! The Three of Ninety Seminar, sponsored by the TJ Reddick Bar Association, concluded earlier this afternoon. The meeting was extremely well attended, although only a handful of judges appeared...
COURTHOUSE SURPRISE
Posted on September 18, 2008Judge Ian RichardsBROWARD NEW TIMESIan Richards bucked the ol' boys and ousted the incumbent judge"Avalos, appointed by former Gov. Jeb Bush, had the support of all the power players, from her former boss, State Attorney Michael Satz, to a slew of lawyers (including honchos like Bill Scherer and David Bogenschutz) to unions and the Fraternal Order of Police...
MERRILL V. DADE CANVASSING BOARD
Posted on September 17, 2008District Court of Appeal of Florida, Third District...
BOBER V. DIJOLS IN NOVEMBER (FOR NOW)
Posted on September 17, 2008Judge Richard Yale Feder ruled today for Pedro Dijols in an emergency hearing requested by his legal team (Scherer, Rogow, and Cocalis) for an injunction stopping Dr. Snipes' office from printing and disseminating the ballots for the November 7 general election with the name "Mardi Levey" appearing as a candidate...
WHERE'S PEDRO?/FLORIDA BAR JOINS JUDICIAL RACE
Posted on September 16, 2008Dijols Seidman Ross Shak Carmel Tony G DIJOLS TO CIVIL? "LIGHTIN' LEE" SEIDMAN COVERING UNTIL JANUARY?WSVN CHANNEL 7Carmel on the Case: Carmel reprises her story on the death of an infant born in the BCJ Wednesday at 5:30SUN SENTINELAn arrest and more allegations surrounding Shak Dhanji, former diversity man for Dale RossJudge orders recount, possible re-vote for disputed Wennet/Abramson racePALM BEACH POSTFlorida Bar asks court to suspend license of circuit judge's challenger (Abramson)"The challenger in a still undecided judicial race that has thrown the Palm Beach County elections system into turmoil could be suspended from the practice of law, which could make him technically unqualified to serve as a circuit judge...
THREE OF NINETY MEETING THIS THURSDAY
Posted on September 16, 2008THE TJ REDDICK BAR ASSOCIATION PRESENTS THREE OF NINETY: THE STATE OF THE AFRICAN-AMERICAN JUDICIARY IN BROWARD COUNTY A PANEL DISCUSSION AND LUNCHEON WHEN: THURSDAY, SEPTEMBER 18, 2008 12:00 NOON WHERE: MAIN CONFERENCE ROOM, OFFICE OF THE PUBLIC DEFENDER, BROWARD COUNTY COURTHOUSE RSVP: VROBINSON@EROBINSONLAW...
SPD MONEY MAY RETURN
Posted on September 16, 2008DAILY BUSINESS REVIEWReinventing the wheel appointment if ruling is upheld"A ruling allowing the Miami-Dade public defender to opt out of many felony cases has been stayed on appeal but, if upheld, it could revive the private attorney appointment wheel that was drastically cut by the state Legislature...
MEDIA 9/14
Posted on September 14, 2008DAILY BUSINESS REVIEWDefeated Broward judge seeks emergency hearing in election"Defeated Broward Circuit Judge Pedro Dijols wants to have a judge from outside the county hear his lawsuit seeking a place on the November ballot by booting second-place primary finisher Mardi Anne Levey...
Son of Sam Attorney Ira Jultak In Hot Water
Posted on September 12, 2008Must be something in the water at the Broward SAOBOB NORMAN'S DAILY PULP BLOGveteran Broward County assistant state attorney suspended"Ira Jultak, a veteran Broward County assistant state attorney... was suspended from his job Tuesday after he was caught with a gun at a local store impersonating a sheriff's deputy, according to a BSO report...
THIS CAN'T BE GOOD FOR GARDINER
Posted on September 11, 2008Verla Sue Holland Ana Gardiner Admits Has Not Publicly Confirmed Or DeniedABC NEWSOutrage at Courthouse Affair"The revelation that a former judge had an affair with a prosecutor in Texas has outraged legal ethicists and may call into question dozens of criminal cases...
THE SEVENTEENTH
Posted on September 11, 2008The Online Newsletter of the State Attorney's Office, 17th Judicial Circuit SEPTEMBER 2008
COFFEE TALK WITH MERILEE EHRLICH
Posted on September 11, 2008Today's Guest: Judicial Candidate Merilee Ehrlich DISCUSS: WILL MERILEE CUT THE MUSTARD? "TALK AMONGST YOURSELVES"
THE JUDGES DON'T CARE SO WHY SHOULD ANYONE ELSE?
Posted on September 11, 2008Ralph Behr Howard FinkelsteinBROWARDBEAT.COMCriminals With Money Getting Free Lawyers "There are folks who could afford to hire their own attorney getting free lawyers. The problem is that nobody checks to see whether a defendant is poor enough to qualify for a public defender...
THE CONTINUING SAGA OF SCOTT SOLOMON
Posted on September 10, 2008A Coral Springs attorney is in jail without bond after he was accused of defrauding clients in eight states out of more than $420,000, the Broward Sheriff's Office says. Springs attorney accused of defrauding clients of $420K
A CONVERSATION WITH IAN RICHARDS
Posted on September 09, 2008Judge Ian RichardsIncoming County Court Judge Ian Richards spoke to JAABLOG earlier this evening about his successful campaign and the significance of his victory. He was candid and thoughtful in his comments.On the topic of Catalina Avalos, he wishes her the best of luck...
MAYO CALLS FOR ALEMAN'S RECUSAL
Posted on September 09, 2008MAYO ON THE SIDE BLOGShould local judge decide colleague's lawsuit?"Ah, truth, justice and the American way. Pedro Dijols, one of three incumbent judges with Hispanic surnames who lost in the Aug. 26 election, is suing to get another shot at his job....
COURTHOUSE LOSS: "THE JUDGEMAKER"
Posted on September 09, 2008The legendary Tony Gargiulo has passed. Many, many judges utilized his services in their judicial campaigns. Most were successful when he was the manager, going back many years. It is the end of an era. (update: Buddy Nevins has the story at BrowardBeat...
OSTROW NAILS IT
Posted on September 08, 2008Purported communication from Gary Ostrow. Originally posted by "gary ostrow" under JAABLOG header OSTROW OUT? on September 8, 2008:"I only aspire to be as perfect and flawless as the ways of my critics and detractors. I constantly aim for perection, just like the kind all of the anonymous blog donors possess but no matter how much effort I devote, I always seem to fall short of that idealic perfection thats so very elusive, at least to me...
DIJOLS COMPLAINT
Posted on September 08, 2008Cheryl Aleman draws the short stickDAILY BUSINESS REVIEWDijols sues to have Mardi Levey's name removed from Nov. ballotDijols Complaint (45 page pdf courtesy DBR)"Levey, who finished second, previously said she used her maiden name to avoid trading on her husband?s name...
FORT LAUDERDALE COPS INVESTIGATED
Posted on September 06, 2008Two Fort Lauderdale policemen cleared in man's death after struggle FORT LAUDERDALE - Two officers have been cleared of using excessive force in a violent struggle that ended in a man's death last year...
COMPLAINT AGAINST SGT. STEPHEN ALLEN SUSTAINED BY IA
Posted on September 06, 2008The 2007 federal court lawsuit filed against City of Sunrise police officer Sergeant Stephen Allen and Broward County for improperly prohibiting marriage amendment petitions from being distributed at a 2006 Promise Keepers conference has been settled for $30,000...
JAABLOG SPONSOR: EARL'S RECYCLED SIGNS
Posted on September 05, 2008I'm Earl Steib and I pay cash money for old campaign signs...
Grudgematch: Scherer v. Levey Cohen
Posted on September 05, 2008Bill SchererBROWARDBEAT.COM BY BUDDY NEVINSSuit Filed To Toss Levey From Ballot"Lawyers Bill Scherer and Bruce Rogow filed suit Friday in Broward Circuit Court ?to remove and disqualify? Mardi Anne Levey as a judicial candidate. Scherer and Rogow represent Pedro Dijols, who was defeated by 72 votes in the August 26 primary by Levey and Bernard Bober...
JAABLOG WELCOME
Posted on September 03, 2008LEAVE ALL FIELDS BLANK IF YOU WOULD LIKE TO POST YOUR COMMENTS ANONYMOUSLY(except the security code; it stops spam, and is the only required field)comments containing curse words will not post"Pinkston Butcher" trial starts Monday in Texas
THE NEW FACE OF THE BROWARD JUDICIARY
Posted on September 03, 2008Brown Milian Hurley Sheindlin Wapner Jay Hurley poised to take over the local airwavesAfter years of political infighting, Broward County's full time First Appearance Court finally debuted on Monday...
BrowardBeat.com
Posted on September 03, 2008Attorney Sam FieldsThere's a (not so) new blog in town. Buddy Nevins, late of the Sun-Sentinel, presents BrowardBeat.com, "Politics, News, and Views by Buddy Nevins". Guest columnists include courthouse fixture Sam Fields.Some highlights from today, going back through their late July startup:Some lawyers looking into filing charges with the Judicial Qualifications Commission (9/3)Prejudice Against Hispanics Clear In Tuesday?s Results (8/27)Something Rare: Attack Ads In A Race For Judge (8/21)Is Judge Cohen?s Problem His Wife? (8/12)Does ?Help Me Howard? Need Help? (8/7)High Court? Candidate Howes and NORML (8/5)No Spanish? Cynics Target Hispanic Judges (8/4) (Thanks to "Looks like we have another judge in trouble, any guesses?")
OUT WITH THE OLD, IN WITH THE NEW
Posted on September 02, 2008"We're looking for a few good boytshiks!" Calling all boy and girl -bergs, -steins, -farbs, -mans, etc...
Bober v. Levey in November
Posted on September 02, 2008Bober 36,729Levey 29,599Dijols 29,527Recount Results:http://www.browardsoe.org/PALM BEACH POSTWennet beats Abramson as recount confusion persists with certification due Tuesday
BROWEIRDER
Posted on August 31, 2008Rumor has it Dale Cohen, sitting 17th Circuit Court Judge, has appeared at the Broward Canvassing Board on behalf of his wife, judicial candidate Mardi Levey Cohen. The Dijols/Levey recount is underway as we speak. If true, is this Kosher?Rumor also has it that Federal Judge Moreno may have been swayed to keep Jay Spechler's lawsuit alive at last Friday's hearing...
JAABLOG SPONSOR: FLORIDA STATUTE 27.40
Posted on August 31, 2008"The stake through the imperious judicial heart" IMPROVED SECTION 27...
SITUATION NORMAL, ALL F*CKED UP
Posted on August 30, 2008They're models, not lawyersWhat's going on at the Office of the Regional Conflict Counsel in Broward?Three more lawyers recently quit, and they've been dropping like flies since the place opened its gilded doors on Las Olas Boulevard.While we're told some lawyers have agreed to stay after accepting healthy raises, the prognosis is not good...
Crist's pick falls short
Posted on August 29, 2008ST. PETERSBURG TIMESA Times EditorialWith his first appointment to the Florida Supreme Court, Gov. Charlie Crist has picked the most partisan candidate available. Whether Charles T. Canady will bring his politics to the high court remains to be seen, but Crist has just declared his own...
PYLEDRIVER
Posted on August 29, 2008MIAMI HERALDMentally ill man in court is hit twice with Taser"The Broward Public Defender's Office has filed a complaint with the Broward Sheriff's Office after a mentally ill inmate on Friday was shocked with a Taser -- twice -- in court by courtroom deputies...
NO MORE BOW-TIED BENCH?
Posted on August 28, 2008"I think everybody just assumed Judge Wennet was going to win. I think everybody is surprised about it, said William E...
COZY COLIN
Posted on August 28, 2008Palm Beach Circuit Judge Martin Colin may still not know what a conflict isDAILY BUSINESS REVIEWThe saga continues...JAABLOG "Jay Gordon: Dragonslayer" (5/15/08)"Exactly how many cases Colin has dropped since the letter seems to be a closely guarded secret...
UPCOMING JUDICIAL RACES
Posted on August 28, 20082010 General Election:Circuit Court Judges:Aleman, Carney, Gates, Greenhawt, Imperato, Lebow, Luzzo, O'Connor, Tieman-Bristol, Vitale, Williams, Zeidwig. County Court Judges:Beller, Cowart, Dishowitz, Ireland, Lazarus, Pollack, Pratt, Robinson, Seidman, Shutter, Skolnik, Trachman...
CORAL SPRINGS COP KILLS FELLOW OFFICER
Posted on August 28, 20088 year old Officer Hieke: Murdered?SENTINELCoral Springs police dog dies after being left in hot car"Hieke, an 8-year-old wire-haired terrier and Labrador mix, was left inside the car for about two hours while it wasn't running Wednesday, said police spokesman Sgt...
4th DCA/BIDWILL RULE
Posted on August 28, 2008Jenne phone BogenschutzChilders v. State of Florida, Division of RetirementDAILY BUSINESS REVIEWAppellate court denies pensions based on criminal convictions
ELECTION POST-MORTEM AND THE RIELLE DEAL
Posted on August 28, 2008Homewrecker/Ft. Lauderdale native Rielle Hunter (Lisa Jo Druck)BOB NORMAN'S DAILY PULP BLOGLet's run down some of the election's real winners and losers"Loser: HispanicsThree Hispanic judges -- Pedro Dijols, Julio Gonzalez, and Catalina Avalos -- all lost their seats on the bench...
Crist appoints Canady to the Supreme Court
Posted on August 28, 2008Yalie CanadyGov. Charlie Crist has appointed Charles T. Canady to the Florida Supreme Court.
SCHERER WANTS AVALOS REAPPOINTED
Posted on August 28, 2008DAILY BUSINESS REVIEWTuesday's results bring surprise endings"Cuban American Bar Association President Marlene Quintana said she was ?disgusted? by the outcome. ?I don?t know what the motivation is to unseat qualified judges that have integrity and character and have been good to litigants and the attorneys who practiced before them,? she said...
THE NAME GAME/11% VOTER TURNOUT
Posted on August 27, 2008MIAMI HERALDFinkelstein crushes Arreaza; Dijols, Avalos may pay the price in undecided races
CASUALTY OF WAR
Posted on August 26, 2008Judge Julio Gonzalez, Jr. Raise your glass to the hard working people Let's drink to the uncounted heads Let's think of the wavering millions Who need leaders but get gamblers instead -Jagger/Richards from Beggar's Banquet
FOR THOSE ABOUT TO DIE, WE SALUTE YOU!
Posted on August 26, 2008Whatever happens today, we owe a debt to the challengers. With all the built-in advantages belonging to incumbent candidates, it's awfully hard for a challenger to prevail in a judicial race. For them to step forward despite the odds takes real courage...
WHO'S BACKING WHO
Posted on August 26, 2008Looking for Integrity and Justice, finding politics as usual "Oh God, not another dozen negative attack mailers!!!" Michael Mayo
JAABLOG SPONSOR: JUDICIAL STRENGTH VIAGRA
Posted on August 23, 2008Old age got you down? Don't get that legal rock star feeling anymore? TRY NEW JUDICIAL STRENGTH VIAGRACheat on your spouse again with interns, assistants, lawyers, even that sassy new junior court judge! BECAUSE IT'S YOUR GOD-GIVEN RIGHT TO SCREW WITH PEOPLES' LIVES DAYS, NIGHTS, AND LUNCHTIME
Democratic Broward Sheriff Candidates' Meeting Gets Personal
Posted on August 23, 2008"He tells you he's a Jew and yet he goes to churches and brags to people that he goes to church every Sunday," Udolf said...
DBR ROUNDUP: SPECHLER LAWSUIT NOW FEDERAL
Posted on August 22, 2008DAILY BUSINESS REVIEWEx-judge?s termination suit moved to federal court"A federal court has been asked to do something three Broward Circuit judges wouldn?t or couldn?t do ? preside over a lawsuit filed by disgruntled former judge Jay Spechler against the chief judge who banished him from the main courthouse...
BACDL BASH
Posted on August 22, 2008BACDL puts it in perspective The Broward Association of Criminal Defense Lawyers presents HAPPY HOUR AT THE JIB ROOM WEDNESDAY, AUGUST 27TH HAPPY HOUR ALL NIGHT/FREE FOOD/ALL ARE INVITED Deborah Carpenter-Toye's Jib Room is located at 2104 East Oakland Park Blvd...
FIRST APPEARANCE DIVISION NEARLY HERE
Posted on August 21, 2008Hurleytime*DRAFT* *NOT FINAL* *DRAFT*DRAFT ADMINISTRATIVE ORDER ESTABLISHING FIRST APPEARANCE DIVISION
CASES
Posted on August 20, 2008Criminal law -- Delivery of cocaine -- Possession of cocaine and cannabis -- Obstructing with violence -- Obstructing without violence -- Search and seizure -- Where officer observed an uninterrupted process that began with hand-to-hand contact between defendant and third party and ended with the transfer of cocaine from third party to a confidential informant in the officer's immediate presence; and officer testified that after hand-to-hand motion between defendant and third party, the third party's hand remained closed until he presented cocaine to the CI, there was probable cause to arrest defendant, despite fact that police did not see cocaine on defendant's person -- Error to grant motion to suppress Reported at 33 Fla...
OSTROW SPEAKS
Posted on August 20, 2008BOB NORMAN'S DAILY PULPOstrow: "I'm Getting Out Of The Race"Wed Aug 20 2008, at 07:06:22 PM Criminal defense attorney Gary Ostrow announced to the Pulp tonight that he is dropping out of the Broward Public Defenders race. "I'm not a politician so I'll just leave it for the politicans to do," said Ostrow...
OSTROW OUT?
Posted on August 20, 2008We're hearing Gary Ostrow may have dropped out of the race for Public Defender. Stay tuned......
SNOW DAY
Posted on August 18, 2008Don't eat the yellow snowTROPICAL STORM FAY - SCHEDULE CHANGE **** The 17th Judicial Circuit of Florida will be CLOSED Tuesday, August 19.
WHO'S GONNA GUARD THE HEN HOUSE?
Posted on August 18, 2008Lemack Spechler Next Sheriff? Next BSO General Counsel? YOUR VOTE IS IMPORTANT!
HOBSON'S CHOICE
Posted on August 17, 2008(All Photos: DBR) Pedro Dijols Mardi Levey Cohen Bernie BoberEver notice how some lawyers, whether Democrat or Republican, always contribute to the incumbent candidates? It could be their best friend challenging, yet they will always pony up the bucks for the sitting judge...
WEEKENDER
Posted on August 16, 2008Most Plaintiffs Who Reject Settlement Offers Do Worse at TrialThe gamble of going to trial doesn't pay off for most plaintiffs, according to a study of more than 2,000 civil suits from 2002 to 2005. Sixty-one percent of plaintiffs who turned down settlement offers ended up faring worse at trial, according to a New York Times story on the...
CASES
Posted on August 16, 2008Criminal law -- Carrying concealed firearm -- Resisting officer without violence -- Error to deny motion for judgment of acquittal on firearms charge where state failed to prove that firearm in question had been concealed prior to its discovery by police -- No error in denying motion for judgment of acquittal on resisting charge where evidence was sufficient to establish that defendant was aware when he ran away that uniformed officer intended to detain him Reported at 33 Fla...
Loan forgiveness program becomes law
Posted on August 15, 2008THE NATIONAL LAW JOURNALLegal aid attorneys, state and local prosecutors and public defenders benefit.Marcia Coyle / Staff reporter August 15, 2008WASHINGTON ? President Bush today signed into law legislation expanding a student loan forgiveness program for students who become legal aid lawyers, state or local prosecutors, and public defenders...
DBR PROFILES
Posted on August 14, 2008"You probably will not see Circuit Judges Pedro Dijols and Dale Cohen sitting together and joking over coffee or lunch.That?s because one of Dijols? two challengers in the Aug. 26 election is Mardi Levey Cohen, Judge Cohen?s wife (She dropped the Cohen for the ballot...
MEDIA 8/14
Posted on August 14, 2008Jorge LabargaFLORIDA BAR NEWSEight names sent to the governor to fill two Supreme Court vacanciesST. PETERSBURG TIMESLike Father, Like SonDAYTONA NEWS-JOURNALReduce politicism in selection of Florida's judges "...Florida's process isn't as clean as it once was...
What's Going On At Becker & Poliakoff?
Posted on August 14, 2008Eleven More....?Mismanagement? fuels Becker departures
4 on 17
Posted on August 14, 2008DiJols reverse - remand 4D07-1235-Koper v. StateTobin reverse 4D07-2461-Cleveland Clinic Florida Hospital v. Karon Lamkin, LPNMKaplan affirm 4D07-2494-Ochacher v...
COURTHOUSE LOSS
Posted on August 14, 2008Brian BraistedBraisted, Brian, 57, of Coral Springs passed away August 11, 2008...
JUDGE STACY ROSS ACCEPTS NATIONAL PUBLIC SERVICE AWARD
Posted on August 14, 2008Tonja Haddad Coleman, Stacy Ross, Jacqueline HoldenFT...
Rumpole: Blogger/Public Defender
Posted on August 14, 2008MIAMI NEW TIMESBlogger Rumpole Ruffles the Courts"Miami's criminal courthouse is abuzz with talk of a mysterious, irreverent blogger called Rumpole, an anonymous watchdog ? and also a public defender ? who keeps tabs on the justice system from the inside...
CASES
Posted on August 13, 2008Criminal law -- Double jeopardy -- Separate convictions for driving under influence with serious bodily injury and leaving scene of accident with injury do not violate double jeopardy because only the DUI with serious bodily injury offense contains causation element -- Separate convictions of both DUI with serious bodily injury and driving without a valid license with serious bodily injury were improper where charges were based on one act of operating a vehiclein which only one victim was injured -- Conviction for driving without valid license with serious bodily injury reversed --Resentencing required on remaining offenses using corrected scoresheet Reported at 33 Fla...
CASES
Posted on August 10, 2008Criminal law -- Carjacking can occur even though defendant is not driving car -- Evidence that defendant jumped into victims' cars andn ordered them to drive and testimony by both victims that they followed defendant's instructions because they were afraid of what he might do if they did not comply was sufficient to support carjacking conviction Reported at 33 Fla...
4 on 17
Posted on August 10, 2008Lazarus affirm 4D05-4847-Warthen v. State*Rothschild affirm 4D07-1793.Grossman reverse 4D07-2273-Provenzano v. ProvenzanoGates reverse-remand 4D08-1258-Andrew v. StateM.Kaplan petition granted 4D08-3114-Dixon v...
DOES HILLARY KNOW BEST?
Posted on August 09, 2008There has been escalating talk recently as to whether Obama or McCain were qualified to be President under the Natural Born Citizen requirement in Article 2...
CASES
Posted on August 09, 2008Criminal law -- Aggravated stalking -- False report of bomb -- Aggravated stalking conviction can be predicated on both non-criminal and criminal behavior -- No merit to defendant's argument that aggravated stalking conviction could not be predicated upon conduct made criminal by other statutes Reported at 33 Fla...
ATTORNEY IN THE SPOTLIGHT
Posted on August 08, 2008Clients Accuse Lawyer Of Taking Payments, Doing Little"I'm scared to death about what's going to happen to my life, my son's life," said a sobbing Melany Farooq...
The Miami Herald recommends
Posted on August 08, 2008FOR BROWARD COUNTY PUBLIC DEFENDERBroward County Public Defender Howard Finkelstein breezed into office unopposed in 2004, when he took over the post long held by Alan Schreiber. Mr. Schreiber was an effective but controversial public defender who spent thousands of dollars on consultants, nutrition seminars, fancy furniture and happy-hour daiquiris in his office...
COURTHOUSE LOSS
Posted on August 07, 2008The Honorable Harry Glenn Hinckley, Jr.Hinckley, The Honorable Harry Glenn, Jr., of Ft. Lauderdale, FL passed away on Monday, August 4, 2008 at his residence. He is survived by his beloved wife Suzan Hinckley; son William P. Hinckley of Glendale, CA; daughter Erin H...
SUMMER BREAK
Posted on August 06, 2008Circuit Judge Matt Destry JAABLOG RETURNS SHORTLY WITH NEW, UNIMPROVED CONTENT
CARLTON MOORE EVENT
Posted on August 06, 2008Thursday, August 7th 2008 5:00pm VIP Reception*** with Jorge Perez 6:30pm General Admission*** Event Host Committee ALAN LEVY BOB MOSS JOSE ?PEPE? LOPEZ JOE HARRIS BARBARA G...
CASES
Posted on August 04, 2008Criminal law -- Counsel -- Appellate -- Ineffectiveness -- Appellate counsel was not ineffective for failing to challenge imposition of minimum mandatory term based on jury's finding that defendant had discharged a firearm during commission of his crime -- Appellate counsel was ineffective for failing to pursue a claim that trial court erred in enhancing defendant's conviction for third degree murder, a second degree felony, to first degree felony based on use of firearm, and in imposing sentence accordingly -- Issue could have been raised by rule 3...
CASES
Posted on August 02, 2008Criminal law -- Aggravated assault with firearm -- Evidence -- Hearsay -- Former testimony -- No abuse of discretion in allowing into evidence the deceased victim's testimony from defendant's adversarial preliminary hearing -- Testimony met all requirements for admission as ?former testimony? -- Victim was no longer available, testimony was taken at preliminary hearing involving charges against defendant, and identification of perpetrator was at issue at trial and at preliminary hearing -- Confrontation of witnesses -- Victim's preliminary hearing testimony satisfied strictures of Crawford v...
Controlling News
Posted on August 02, 2008Obama's global tax A plan by Barack Obama to redistribute American wealth on a global level is moving forward in the Senate...U.S. Intel: Iran plans nuclear strike on U.S. Iran has carried out missile tests for what could be a plan for a nuclear strike on the United States...
MEDIA 8/1 (Dijols, Goldenberg & Sanchez)
Posted on August 01, 2008SENTINELDijols Gets The NodGoldenberg gets the Group 34 nodSanchez FiredTopix: SanchezSanchez Termination Form (pdf)"Please don't kill me, Leisa": One Stinking Hot Satz and Bogenschutz Blue Plate Special Coming UpNo Broward Double Standard Here: Coker Pressing Charges Against SonHERALDHire more public defender lawyers"How is it that so many wrongful convictions occur? The principal reasons include:1) Erroneous eyewitness identification: ``I'll never forget that face!''2) Incompetent and dishonest forensic experts: ``The blood, hair, fingerprint, etc...
4 on 17 (7/30/08)
Posted on August 01, 2008Speiser - Affirm/Reverse/Remand Gates - Reverse/Remand Goldenberg - AffirmZeidwig - Reverse/Affirm/Remand Newman - Reverse/Remand Rosenberg - Affirm/Reverse/RemandBirken - Affirmed Henning - Reversed Andrews - Affirm Rothschild - ReversedAramony - Reversed Gardiner - Reverse/Remand Backman - Remand Weinstein - Reverse in Part/Remand Dijols - Affirm O'Connor - Affirmed Moe's Order Quashed re County Judge Murphy's DisqualificationRothschild - Affirmed Carney - Reversed (Maraj v...
CASES
Posted on July 31, 2008Criminal law -- Plea to armed robbery and attempted felony murder must be overturned because facts do not support armed robbery charge, which was based on defendant's use of an automobile as a weapon -- Appeals -- In those cases where the record affirmatively demonstrates the crime to which defendant pled guilty could not have occurred, fundamental error occurs -- Right to appeal not waived by entry of negotiated plea under circumstances of this case in which both charging information and factual basis presented to support the plea affirmatively demonstrate that the crime to which defendant pled could not have taken place -- Trial court may either enter conviction for simple robbery and resentence defendant as to that count or allow defendant to withdraw plea and face trial on original charge, minus the armed component of the robbery -- State shall have option of determining how to proceed on remand - Reported at 33 Fla...
Cases-Civil
Posted on July 31, 2008Torts -- Negligent infliction of emotional distress -- Impact rule -- Action brought against retailer following abduction of plaintiff from retailer's parking lot -- In granting summary judgment in favor of defendants on basis of impact rule, trial court erred in focusing on whether physical injury occurred as opposed to considering whether issues of material fact existed concerning whether plaintiff had been touched during her abduction -- For plaintiff to have endured a contact sufficient to render an action sustainable, the plaintiff need meet only slight requirements -- Summary judgment was improper where plaintiff's affidavit raised issues of fact as to applicability of impact rule -- Civil procedure -- Plaintiff's affidavit in opposition to motion for summary judgment did not, as defendants contended, directly contradict deposition testimony in which she stated that she could not remember whether she had been ?physically touched? by assailants -- Plaintiff provided credible explanation for discrepancy in her affidavit when she explained that she had misunderstood the word ?touched? to mean assault or sexual touching, not merely physical contact Reported at 33 Fla...
CASES-Civil
Posted on July 30, 2008Torts -- Discovery -- Psychotherapist-patient privilege -- Order requiring that plaintiff's psychiatric records be produced for in camera inspection violated psychotherapist-patient privilege where plaintiff did not plead and has otherwise unequivocally renounced any claim for mental anguish or mental pain and suffering arising from accidentReported at 33 Fla...
CASES
Posted on July 30, 2008Criminal law -- Armed robbery -- Jurors -- Trial court erred by refusing to strike jury after jurors were made aware of another robbery count against defendant which was severed -- Jury instructions -- Trial court erred by refusing to read portions of standard jury instructions without providing any reasons Reported at 33 Fla...
NWPC Endorsements and Recommendations 2008
Posted on July 29, 2008FOR IMMEDIATE RELEASE Barbara Williamson, President of the Gwen Cherry Chapter of the National Women's Political Caucus, (NWPC), announced the Broward County Chapter's endorsements and recommendations for 2008. Applicants were selected based on their responses to the NWPC's questionnaire...
PLACE YOUR BETS
Posted on July 29, 2008FORT LAUDERDALE-- The Supreme Court JNC advises the following applications have been received as of the 5 p.m. deadline Friday, July 25, 2008:1. H. Scott Fingerhut, 45, Miami, Attorney2. Michael D. Gelety, 56, Fort Lauderdale, Attorney3. Judge Vincent G...
MEDIA 7/29: SENTINEL COUNTY ENDORSEMENTS
Posted on July 29, 2008SENTINELGonzalez has earned election to the benchAvalos the pick for Group 27Crist appoints Hurley to fill vacant judge's postFormer BSO Sheriff Jenne agrees to 5 year disbarment"Bogenschutz had originally sought a three-year suspension and the Florida Bar had sought permanent disbarment...
SUN SENTINEL BIOS & UNABRIDGED CANDIDATE INTERVIEWS
Posted on July 27, 2008Dijols/Bober/Levey Goldenberg/Mollica Howes/Eichner/EhrlichFeren/Rickard/Sugar Gonzalez/Feld Avalos/Richards Wennet/AbramsonRoshawn Banks, et al Finkelstein/Arreaza ALL THIS AND MORE FOR A LOW $5,803...
FUN WITH THE CAMPAIGN FINANCE DATABASE
Posted on July 25, 2008PUBLIC DEFENDERFinkelstein: $31,033.60 ($500.00 personal contribution)Arreaza: $17,620.00 ($8,000.00 personal contribution)Ostrow: $200,000.00 (personal contribution)JUDGES Dijols: $291,909.99 ($202,000.00 personal contribution)Bober: (Database not updated as of 6:00 PM 7/25)Levey: $8,650 ($7,500...
BLACKS NEED NOT APPLY?
Posted on July 25, 2008Diversity MattersAccording to the 2006 Census, African-Americans make up 25.3% of the population of Broward County. Hispanics make up 22.8% of the population, and Asians 3%. Whites make up 48.7% of the population.We are a minority-majority...
MEET JUDGE HURLEY
Posted on July 25, 2008County Judge Jay Hurley Navy Lt. Hurley with son John Lucas Change of Address Forward all correspondence to: The Honorable Jay Hurley, Mount Olympus Governor Charlie Crist appoints Jay Hurley to replace County Court Judge Jay Spechler...
ABA WEEKENDER
Posted on July 25, 2008Big UK Firm Bans BlackBerrys for Attorneys on VacationBonuses for Top-Paid GCs Jumped 17%, to an Average of $1.1MFirm Unveils Comical 'Lawyer Job Interview TranslatorLawyer Chases Down Columnist Novak After AccidentPlaintiffs Lawyers Have New Target: Radon-Emitting Granite CountertopsJudge Blasts Actress for 'Callous' YouTube Video, Upholds PrenupBackup Elder Care Is Latest Benefit Offered by Big Law FirmsNew Zealand Judge Renames Girl, Says 'Talula Does the Hula' Was Poor Choice
CASES
Posted on July 25, 2008Criminal law -- Double jeopardy -- Separate convictions for conspiracy to commit racketeering and conspiracy to commit drug trafficking violated double jeopardy where state proved that defendant took part in single conspiracy with multiple objectives, including racketeering and drug trafficking, and there was no evidence to suggest that a first conspiracy was consummated, abandoned, or otherwise terminated prior to the formation of a second conspiracy -- Conviction and sentence for racketeering conspiracy reversed Reported at 33 Fla...
JANE FISHMAN QUIBBLES WITH TRIBBLE
Posted on July 24, 2008Does Tribble apply to misdemeanors as well as felonies? Some County Judges want to know whether they can still offer withholds and court costs without a probation component.Judge Jane Fishman writes:"(T)his Court certifies the following question to the Fourth district Court of Appeal as a question of great public importance:WHETHER THE FLORIDA STATUTES AND RULE 3...
FOURTH DCA VACANCY
Posted on July 24, 2008The Fourth District Court of Appeal Judicial Nominating Commission announces it is accepting applications for the District Court of Appeal vacancy resulting from the resignation of Judge George A. Shahood.Applicants must have been members of The Florida Bar for the preceding ten years, registered voters, and must reside in the territorial jurisdiction at the time of assuming office...
4 on 17 (July 23rd)
Posted on July 23, 2008O'Connor - Affirmed Newman - Reversed Rothschild - Affirmed Rothschild - Affirmed/Reversed 15th Circuit Opinion by Alum May and Visitor Bidwill
MEDIA 7/23
Posted on July 23, 2008SENTINELSatz's latest nightmare courtesy of pal Lori Parrish's son: do minimum mandatories apply to everyone?"...charges of aggravated assault on a law enforcement officer, fleeing and eluding a law enforcement officer and possession of drug paraphernalia...
THERE'S A NEW BLOG IN TOWN...
Posted on July 22, 2008THE DBR'S INSIDE TRACK BLOGMichael Bolton's Shout Out to Renee GoldenbergDAILY BUSINESS REVIEWAttorneys pan challengers in Judicial Poll; Judge Gonzalez ranks bestSENTINELSix lawyers seek two Broward circuit judge positions
BROWEIRD
Posted on July 22, 2008Statue of Napoleon Broward The Governor in the flesh greets all visitors to Circuit Criminal CourtsEveryone has seen the statue of Napoleon Broward in the Central Courthouse...
2008 Broward County Lawyer Flag Football League
Posted on July 22, 2008The 2008 season of the Broward County Lawyer Flag Football League is right around the corner. This is a non-profit league established and run by local lawyers since the 1970s. When: September 2008 - Early December 2008. Where: Floyd Hull Park, 2800 SW 8 Ave, Fort Lauderdale, Florida...
MESSAGE FROM BACDL PRESIDENT RUSSELL WILLIAMS
Posted on July 22, 2008Over the past several months I have been receiving complaints regarding numerous courthouse issues. The BACDL has been attempting to resolve, in the best manner possible, all of these issues. One recurring problem deals with Judge O'Connor...
JAABWALK: TUESDAY, JULY 22
Posted on July 22, 2008Morning constitutionalStart Time: 9:32 amEnd Time: 9:55 amEmpty Courtrooms: 20 (not including empties at three Satellite Courthouses)STOP WASTING MONEY ON JUDICIAL TAJ MAHALS & PRISONS FOR NON-VIOLENT OFFENDERS
Cases - Civil
Posted on July 22, 2008Torts -- Product liability -- Limitation of actions -- Statute of repose -- Tolling -- Concealment -- Action against motor vehicle manufacturer alleging defect in vehicle caused it to accelerate unexpectedly and strike a pole -- Statute of repose, which provides that any claim arising out of product defect cannot be brought more than twelve years after date of first sale to consumer, is tolled for any period during which manufacturer had actual knowledge of defect and took affirmative steps to conceal the defect -- Where plaintiffs offered evidence at summary judgment hearing which, if believed by a jury, could establish, or at least infer, concealment of defect by manufacturer, trial court improperly granted summary judgment in favor of defendant Reported at 33 Fla...
CASES
Posted on July 22, 2008Criminal law -- Loitering and prowling -- Evidence that defendant was in parking lot of closed business in early morning hours and moved into shadows and crouched behind a car when he saw patrol car was sufficient to prove that defendant was loitering and prowling in manner not usual for law abiding citizens -- However, state failed toprove second element, that loitering and prowling was under circumstances that warranted a justifiable and reasonable alarm or immediate concern for safety of persons or property located in the vicinity -- Fact that officer subsequently discovered evidence of other crimes does not alter court's analysis, because offense of loitering and prowling must be complete before any police action occurs -- Remand with directions to discharge defendant on loitering and prowling charge Reported at 33 Fla...
HERALD COUNTY PICKS: INCUMBENTS GONZALEZ & AVALOS
Posted on July 21, 2008MIAMI HERALDThe Miami Herald recommends: Julio GonzalezThe Miami Herald recommends: Catalina Avalos
Cases - Civil
Posted on July 21, 2008Torts -- Product liability -- Limitation of actions -- Statute of repose -- Tolling -- Concealment -- Action against motor vehicle manufacturer alleging defect in vehicle caused it to accelerate unexpectedly and strike a pole -- Statute of repose, which provides that any claim arising out of product defect cannot be brought more than twelve years after date of first sale to consumer, is tolled for any period during which manufacturer had actual knowledge of defect and took affirmative steps to conceal the defect -- Where plaintiffs offered evidence at summary judgment hearing which, if believed by a jury, could establish, or at least infer, concealment of defect by manufacturer, trial court improperly granted summary judgment in favor of defendant Reported at 33 Fla...
CASES
Posted on July 21, 2008Criminal law -- Driving under influence -- Discovery -- Intoxilyzer source code -- Certiorari challenge to order requiring Intoxilyzer manufacturer to disclose source codes fails where trial court did not err in holding that production of source codes is material and reasonably necessary to defendants' cases, manufacturer cannot demonstrate material injury because it has already agreed to disclose source codes if protective order and non-disclosure agreement are executed, and trial court's requirement that manufacturer submit to its jurisdiction by executing non-disclosure and confidentiality agreements does not result in miscarriage of justiceCriminal law -- Driving under influence -- Search and seizure -- Arrest -- Probable Cause -- Evidence