Criminal Law
Justice Building Blog 
Discussion about and between the judges and lawyers who labor in the world of Miami's criminal justice.
Post Frequency: 2/day Last Entry: November 20, 2009 at 10:11:00 Recent Entries: 635
By "Captain Liberty" and "Rumpole"
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STOP THE PRESSES!
Posted on November 20, 2009Stop the presses. Breaking news! The Miami Herald has called REGJB ace criminal defense attorney Alex Michaels.....steady now......ACERBIC!!! The title of the post links to the Miami Herald article. Michaels is representing 17 year old Andy Rodriguez in a tragic case where Rodriguez is accused of stabbing to death a fellow Coral Gables Senior Highschool student during a fight...
DOLPHINS PLAY TONIGHT
Posted on November 19, 2009In a rare Thursday night game, the Dolphins play the Carolina Panthers. Go Fins. Bob Norman's Daily Pulp here seems to allude to the fact that Scott Rothstein is being sequestered by the Feds as he cooperates with agents and prosecutors over the others who assisted him in stealing what some have speculated could be upwards of a billion dollars...
COUNTY COURT REPORT
Posted on November 18, 2009We received the following email and picture:(Update- take our Jeopardy lawyer quiz below)Rumpole: At your request I have emailed you a picture of the offending message from the Prosecutors in County Court. In case the picture is not clear, it is handwriting on a Plea Sheet and says the following in Red Ink:"All pleas will be enhanced on trial day...
THE FAMOUS CHEER YOU UP -DEATH POST.
Posted on November 17, 2009Check out "You Make The Call" on the Broward Blog here. Basically, in Broward the police have as much respect for the 4th Amendment as the Judges North of the Border have for Dade Lawyers. Especially nifty is the warrant-less entry into the defendant's home to "make a protective sweep" looking for the defendant while the other part of the same squad has the Defendant detained at a traffic stop...
THE SANCTION OF THE VICTIM.
Posted on November 16, 2009For now and the foreseeable future, all posts should be assumed to be ...Dateline: Truckee, California: Where do you think it's more empty these days: The hallways of RRA in Ft. Lauderdale, or the hallways of City Hall Miami? For the moment the score is two-zero, City Hall Miami in the lead as two city commissioners find themselves facing criminal charges...
NFL WEEK TEN
Posted on November 14, 2009We start off Sunday with some sad news: Judge Leonard Rivkind has passed away. As a former Chief Judge of the 11th Judicial Circuit of Florida he instituted the domestic violence court. If you didn't appear before Judge Rivkind, you missed a good solid judge who was committed to the law and the people of Dade County...
MORE ON YOU KNOW WHO
Posted on November 13, 2009FRIDAY THIRTEENTH EDITION. Do you suffer from Triskaidekaphobia? Before we begin, this guy is our kind of client. Click here. If he doesn't have any money, then he REALLY is our kind of client, unfortunately.And this REALLY is our kind of lawyer. We'd co-counsel with her anytime...
SCOTT ROTHSTEIN AND THE CHIPMUNKS
Posted on November 12, 2009We were working out at the gym today when Renegade by Styx popped up on our Ipod. This goes out to you....Oh momma I'm in fear for my life from the long arm of the lawLawman has put an end to my running and I'm so far from my homeOh momma I can hear you a'crying you're so scared and all aloneHangman is comin' down from the gallows and I don't have verylongThe jig is up the news is out they've finally found meThe renegade who had it made retrieved for a bountyNever more to go astrayThis will be the end today of the wanted man...
SCOTT ROTHSTEIN -ALL DAY EVERY DAY
Posted on November 12, 2009All the legal blogs are covering this story, so why not us?Bob Norman and his Daily Pulp blog have had, and continue to have the lead in breaking this story.Today's events:1) A source is going on the record with Norman that Rothstein keep a female dancer (stripper) at the Ritz Carlton on Ft...
VETERANS DAY
Posted on November 11, 2009Nothing speaks more eloquently as to why we celebrate Veterans Day than this piece by Dade Circuit Judge John Schlessinger, which appears in the Herald Today. BY JOHN SCHLESINGER The morning mist hung like a shroud over the endless rows of tombstones at Arlington National Cemetery...
LIFE FOR JUVENILES
Posted on November 10, 2009The US Supreme Court on Monday took up the arguments in two cases examining the constitutionality of life in prison for juvenile offenders who commit non-homicide offenses. The cases argued were Graham v. Florida and Sullivan v. Florida. In both cases the Petitioners were Florida inmates sentenced to life in prison as juveniles for offenses that did not involve murder...
CHAOS AT THE COURTHOUSE
Posted on November 09, 2009UPDATE: You're an attorney on the run. Your firm is in the hands of receivers and the Feds are getting ready to pounce. You may just be Ft. Lauderdale's Bernie Madoff. What do you do? Why, since it's North of the Border, and you're Scott Rothstein, you go to the Captial Grille with your attorney for martinis and lunch...
NFL WEEK NINE
Posted on November 08, 2009Friends, Dol-fans, countrymen, lend me your ears. Today in New England will not be pretty. The leaves have turned. It is a crisp fall day. And the despised Cheaters will pound our Dolphins. Take our advice. Go for a walk. See a movie. Don't watch the game...
THE LIFE OF A PD
Posted on November 07, 2009Just to prove that our dear robed readers are not the only ones that can behave badly through email, we report to you today on the emerging "DUES CONTROVERSY" involving the Miami Chapter of the Florida Association of Criminal Defense Attorneys. Earlier in the week an email was sent on the FACDL Listserv, which is a private service in which if you're a member of the FACDL you can send out emails that reach all the members...
JUVENILE JUSTICE ?
Posted on November 07, 2009"There are just over 100 people in the world serving life without possibility of parole for crimes they committed as juveniles in which no one was killed. All of them are in the United States. 77 of them are in Florida."Thus begins a NY Times article on the US Supreme Court's consideration of whether sentencing a juvenile to life in prison without parole is cruel and unusual punishment...
3rd DCA ROUNDUP
Posted on November 05, 2009We don't know about you, but we were getting awfully tired of looking at Davis's mug. A few quick house keeping announcements before we begin:The 11th Circuit's Symposium: "Mediation, Arbitration, and A Spirit of Reconciliation in the Work Place" Hosted by 11th Circuit Judges Reemeberto Diaz and Robin Faber has been canceled and will be rescheduled...
DOWN GOES DAVIS!!!
Posted on November 04, 2009GUILTY!!!Two Broward Economic Crimes prosecutors did what an army of Federal Agents and Federal Prosecutors could not do some twenty years ago when a jury today found former Judge Phil Davis guilty of nine felony counts including money laundering, fraud, organized scheme to defraud (which is a first degree felony last time we looked) and grand theft...
DRUG COURT FOR MENTALLY ILL DEFENDANTS
Posted on November 03, 2009Lets give credit where credit is due. The Dade SAO has allowed drug court to expand to include defendant's who are mentally ill. If the client enters and completes a drug court type program supervised by Judge White-Labora, then the client can have the charges dropped...
WHY PHIL DAVIS MATTERS
Posted on November 03, 2009Far removed from the familiar confines of NW 12th Street and 12th Avenue, we have been wondering why we have taken such an interest in the current trial of disgraced former Judge Phil Davis. Here's why.Phil Davis was a one of three sitting Circuit Court Judges to be arrested in Operation Courtbroom...
PHIL DAVIS UPDATE
Posted on November 03, 2009Whilst on our travels, we received this email from a 12th Street Irregular:Rumpole- quick and sparse update on the Phil Davis trial. I was in the building today and was told closings would be in the afternoons. No surprise the JOA motions were denied...
DAVIS TAKES THE STAND
Posted on November 02, 2009An email on Former Judge Phil Davis testifying is below. But first....In Broward, there was some big shot lawyer named Scott Rothstein. He hired ex-sheriff Ken Jenne when he got out of federal prison. He hired ex-prosecutors and ex-judges, and set up shop as a big, politically connected lobbying firm...
ANOTHER MONDAY..ANOTHER BLITZ
Posted on November 01, 2009Before we begin, we have some shocking news. You'd better sit down. Sorry we have to be one the one to break this to you. Vice President Dick Cheney.....LIED when he was interviewed by the special counsel investigating the leak of the identity of CIA Agent Valery Plume...
HAPPY HALLOWEEN
Posted on October 31, 2009HAPPY HALLOWEENHere is one of our favourite presidential trivia questions that popped up on Final Jeopardy Friday Night:Name the only president who has the same double letter occurrence in their first and last name : The double letters must be in order- for instance if you answer Theodore Roosevelt you would be wrong because while there are two "O"'s in Theodore, they aren't double in the same way they are in Roosevelt...
NfL WEEK EIGHT
Posted on October 31, 2009For the rest of the NFL it's week 8. In Miami and here in NYC it's Dolphins/JETS...and that's a big deal. The visiting Dolphins are getting 4 points from gang green. The Dolphins have been our saviour this year, and we're going to ride them for all they are worth...
AYN RAND IN THE NEWS
Posted on October 30, 2009Ayn Rand's revenge? Read Adam Kirsch's review of Anne C Heller's new biography: "Ayn Rand And the World She Made." The title links to the NY Times Book Review. We have traversed a long journey with Ms. Rand and her ideas. How about you? Who is John Gault?SAO POLICY...
NEW SAO POLICY?
Posted on October 28, 2009PHIL DAVIS IS BACK! SEE BELOW. Is there some sort of new half baked policy by the State Attorneys Office (motto: give us a minute and we'll have a new policy on that) in which the prosecutors are now refusing to provide police reports with discovery? We haven't run into it- but several people have mentioned it to us, and we are now receiving emails on this...
HAPPY BIRTHDAY TEDDY
Posted on October 27, 2009Happy birthday to our 26th President. Writer, outdoors man, environmentalist, solider,Police Commissioner of NYC, Assistant Secretary of the Navy, Governor, amateur practitioner of taxidermy, advocate of the strenuous life, buster of trusts and Nobel Peace Prize Laureate...
MORE FUN WITH OUR JUDGES
Posted on October 26, 2009Our Judges at work and play: What exactly has caused this dustup of emails and internecine squabbling and cackling? Here is part of the Judge Cueto email that started it all:On Thursday, October 2, 2009, the Chief Judge informed some members of the Criminal Division that he was retroactively putting into effect a merged seniority list of county and circuit judges for purposes of division assignments...
NFL WEEK SEVEN
Posted on October 25, 2009Due to circumstances beyond our control, we have not been able to properly analyze this week's games. However, we are prepared. We asked several hard working and well respected jurists to sit in for us this week and make guest picks. We're sure you'll find this to your liking...
3rd DCA ROUNDUP
Posted on October 23, 2009Tunis reversed edition.The big case that made the paper was Arias v. State, in which Judge Tunis was reversed for refusing to allow the defense to enter evidence from The ME that the deceased had alcohol and cocaine in his system prior to his fateful encounter with the defendant...
OUR JUDGES AT WORK
Posted on October 23, 2009FILE THIS UNDER TOO GOOD TO BE TRUEOur intrepid reporter, late of the Herald, Oh Susannah Nesmith, is at it again, this time with a DBR expose on the emails of the Judges of the Justice Building. The title links to the emails. Apple Pie at 10 paces to solve a fight? See the email from Judge Rob Pinero...
JUDGE KASTRENAKES
Posted on October 21, 2009Former Dade ASA and Former Southern District of Florida AUSA John Kastrenakes was sworn in yesterday as a Circuit Court Judge in West Palm Beach. The Palm Beach Blog via Grey Tesh has all the coverage here, including speeches by former Dade Chief Assistant State Attorney C Michael Cornely, and former AUSA and current Federal Magistrate John O'Sullivan...
LEGAL SPAM
Posted on October 20, 2009This lawyer appears to be engaging in spam. This comment keeps arriving in our in box and we have heard through the blogger grapevine that this comment is appearing on other blogs. Is this type of spam ethical? Should something be done to stop this lawyer? At the very least people should call him and let him know our dander is up: Great Article and informative...
OPEN FOR BUSINESS
Posted on October 19, 2009While all attention focuses on our County Court brethren today and "The Blitz" (no one has really offered an explanation of what this blitz is or why Judge Slom is sending his linebackers and corner backs after the quarterback) we say: Welcome Back to the Miami Beach Branch Courthouse!The Miami Beach Branch Courthouse quietly opened last week and is set to house judges, lawyers, clerks and a full complement of accoutrements needed for the fair and swift administration of justice...
MIXER THIS WEEK
Posted on October 19, 2009There's a "Bench/Bar" mixer on October 22 2009 at some "establishment" appropriately named "Delores, But You Can Call Me Lolita." We are not making this name up. This bagnio of sorts is located at 1000 South Miami Drive. While laws against miscegenation have been mostly (and rightly) removed from the books, we have a policy which we strongly advise many of you to adhere to: while there is absolutely nothing wrong in having social relations (or more) outside your particular ethnic makeup, we urge caution when it comes to mixing intellect...
NFL 2009 WEEK 6
Posted on October 18, 2009UPDATE. Titanic edition. Well today has been an unmitigated disaster. Now I know how Jeff Fisher coach of the Titans feels (the last I checked the Titans were losing to the Cheaters 59-0 in a blizzard.)The only thing to do is press forward and put 1500 Matt Ryans on the Atlanta Falcons -3...
COLD FRONT!
Posted on October 17, 2009Long time and careful readers of the blog know our obsession with weather and temperature, especially cold temperatures. The first cold front of the season is heading our way and should bring temperatures down into the mid to ow 50's Sunday night! Hurray! Early Sunday preview: We finished last weekend up 200, once again bailed out by our local Dolphins...
3rd DCA ROUNDUP
Posted on October 15, 2009Hard times baby, well they come to tell us allSure as the tickin' of the clock on the wallSure as the turnin' of the night into day...Bruce Springsteen, Waiting on A Sunny Day. State v. Outler, Judge Richard Yale Feder makes an unlikely sojourn (much like the "sojourn" attributed to the Defendant by Judge Shepherd in the opinion: "...
RED DOG!
Posted on October 14, 2009There's something strange going on in County Court next week. It's called a blitz. Can anyone offer a rational explanation to our readers as to just what will be happening in those strange little courtrooms no one goes into on the 4th, 5th, and 6th floors (and 2-11)? Will there be trials? Is it just traffic tickets? Will those nameless, faceless ticket attorneys who race from courtroom to courtroom clicking on those computer terminals no one knows how to use, and shouting out motions to dismiss for failure to cite subsection o5421(d), be involved? It's all very confusing...
WILD ABOUT THE WILDCAT
Posted on October 13, 2009WHAT A GAME! Our Fins beat those J...E...T...S and we found ourselves a starting QB. Correction- we lost the Cheaters bet Sunday so we were down 880 Bradys but the Fins won outright so we won 1000 Hennes and are up 120 Estafans for the week! Supreme Court update: normally the milieu of famous federal bloggers (but our favourite federal blogger is much more interested in his fantasy football nonsense) we bring you an update on what's going on at the Supreme Court:The court heard argument today in Padilla v...
NFL 2009 WEEK 5
Posted on October 11, 2009UPDATE: We pushed our Cheaters bet (just as well, who really wants money won on Cheaters?) and lost our Buffalo bet (memo to Bills- you lost AT HOME to the BROWNS, time to consider bocci) so we're down 550 Manginis for the week. Not to worry, the Fins will bail us out...
TWO CASES
Posted on October 09, 2009Two cases dominate the local news as we head into a long weekend. The tragic shooting and death of nine year old Sherdavia Jenkins ended with a lesser guilty verdict Friday of manslaughter instead of second degree murder. The Herald story is here. Kathleen Hoague and Monica Gordo prosecuted the heart wrenching but difficult case...
3rd DCA ROUNDUP-bltn
Posted on October 08, 2009(better late than never edition)Aldin v. State. Rack up a win for our PDs and APD Gwendolyn Powell Braswell. No surprise that it's Judge Peter Adrien getting reversed on the motion to suppress. At last count the number of challengers to Adrien in the upcoming election could fill the upper deck of Landshark stadium...
MORE MIN MANS
Posted on October 08, 2009The minimum mandatory craze has reached traffic court. Courtesy of the Broward Blog and their readers who did the research:Fun 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...
THE JAIL SAYS " NO"
Posted on October 07, 2009What a surprise. The Dade County Jail has a new policy. Attorneys who go to see a prospective client at the jail can no longer see the individual except through the glass. Only attorneys who have filed a notice of appearance can see their client in a meeting room...
HYPO
Posted on October 06, 2009GOOGLE BLOG PROBLEM: RESOLVED. Please post your comments. Based on yesterday's post and discussion in the comments section, lets just call a Satz a Satz and throw this question out there for discussion:Hypothetical: You are a prosecutor in charge of screening arrests and filing charges and the police come to you with the arrest of an individual who is seen by one unbiased witness performing a sexual act on an incapacitated elderly person...
FEAR SATZ
Posted on October 05, 2009THE FOLLOWING IS ON THE BROWARD BLOG AND IS ABOUT MIKE SATZ AND HIS REIGN OF TERROR IN BROWARD COUNTY. NO OTHER LAWYER IN THE UNITED STATES HAS MORE EVINCED A COMPLETE DISREGARD FOR THE ETHICAL STANDARDS ALL PROSECUTORS ARE REQUIRED TO ADHERE TO. SATZ'S DEMAND THAT PROSECUTORS BRING INNOCENT INDIVIDUALS TO TRIAL UNDER THE AUSPICES THAT "THE JURY SHOULD DECIDE" IS UNETHICAL AND DOWNRIGHT FRIGHTENING...
NFL 2009 WEEK 4
Posted on October 03, 2009Coming Monday on the Blog: FEAR SATZ!(Final edition)We're up 1025 losing only our dolphins under pick. Nice week at 3-1. We won two out of three picks last week, but lost the big one. Down 400 for the week and 2400 for the year, and we humbly make the following resolutions: 1) Not to bet on the Titans...
ONLY IN BROWARD
Posted on October 02, 2009Only in Broward does the SAO hire a former political commissioner as an ASA who turn out to have been an FBI informant! Bob Norman's all over the travails of Sheila Alu here. The Broward Blog has a nice picture of SA Satz with his head in his hands and the caption "Of all the gin joints, in the all the world, she walks into mine...
3rd DCA ROUNDUP
Posted on September 30, 2009It's that time of the week again but lets not get "hypertechnical" (this will become relevant in a bit.)Hayes v. State stands for some well known propositions: you cannot be convicted for trafficking cocaine by possession and possession of cocaine with intent to sell...
THE HIGH COST
Posted on September 29, 2009In this season of religious renewal of spirit, soul and body, comes this editorial from the NY Times (the title links to the editorial) that the Death Penalty in Florida costs $51 million dollars a year more than if defendants were sentenced to life in prison without parole...
OFFENSE INCIDENT REPORT
Posted on September 29, 2009Item: Judge Julio Jimnez claimed last week that an ASA stabbed him in the back. The investigation continues. From the O/I-"Crimes against Judges Division:Stone Rock- CAJ Detective:The victim is a hispanic male, in his fifties, known to wear a black robe at work and is a Judge at the REGJB- an area well known to this detective to be rife with violence, deception, scurrilous characters, torpidness and stolidity...
COURTS CLOSED TODAY
Posted on September 28, 2009Federal court is open. The State courts in Dade and Broward are closed. Exactly why are they closed again? Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; See you in court tomorrow, unless it's some Buddhist holiday we're not currently aware of...
FOOTBALL 2009 WEEK THREE
Posted on September 26, 2009With a winning week Two under our belt, we're kinda like most NFL teams at this point: 1-1 and needing a win on week three. Of course we're still south of 2K in the red, but steady and sure wins the race. We like the Texans -4 at home over the struggling Jax Jaguars...
FRIDAY G20
Posted on September 25, 2009The answer to yesterday's blog quiz is that Tom Risivy was smiling because he was allowed to see his client at FDC despite the fact he was WEARING KHAKI PANTS!! Who among us hasn't decided to have a casual day when going to see a client in jail and thrown on a pair of comfortable Khaki's only to be denied entrance at FDC? But according to Miami FACDL President Hector Flores, Tom made it into the Magic Kingdom despite his sartorial selection...
JUDGE JULIO JIMENEZ v. STATE
Posted on September 25, 2009The Herald has the story here of the dust up between Judge Julio Jimenez and the SAO. The title links to the article. Jimenez sought to have the state offer Defendant Dwight Bernard PTI. Bernard was a Northwestern Highschool principal and he was accused of official misconduct in connection with the allegation that he covered up complaints that a football player was having sex with a 14 year old student...
YOUR NEXT LABORER IN SEARCH OF TRUTH
Posted on September 23, 2009Congratulations to Judge Antonio Arzola of the County Court for his promotion to Circuit Court. Did you know that Judge Arzola once clerked for now Chief Judge Federico Moreno in Federal Court? Did you know Judge Federico Moreno got his start on the bench right in our humble little building as a County Court Judge?Did you know whilst a County Court Judge, Federico Moreno once signed a bench warrant for a Dolphins wide receiver, and then is reported to have remarked or written on the warrant "don't arrest on Sundays"?Best of luck to Judge Arzola as he joins our never ending "Labor for the the Truth", and while we have little experience with him where he has been, we truly mean it when we say...
3rd DCA ROUNDUP-JUSTICE IS CRUMBLING EDITION
Posted on September 23, 2009****see below****Wednesday is Funday at the Third DCA.Depraved Mind? Yup. Senior and former Chief Judge Schwartz may not necessarily know how to specifically define a "depraved mind", but like Potter Stewart ala pornography, he knows it when he sees it, and he minces no words in describing it in Bonilla v...
TUESDAY TIDBITS
Posted on September 22, 2009Former NFL running back Herschel Walker is becoming an MMA fighter at age 47. We thought you needed to know that. How come the Fins are the only team in the NFL that can make the Wildcat formation work? Not that we're complaining. It was fun to watch the game last night on our new LED TV whilst safely ensconced in our home...
ARE YOU READY FOR SOME FOOTBALL!
Posted on September 21, 2009Are you ready for some football?We are. Go Fins!Site Feed
FOOTBALL 2009 WEEK TWO
Posted on September 20, 2009This is the bounce back week. This is the week we get back to basics and get back into the game. We like the Titans coming off the ten day lay off to pound the hapless Texans. Titans -6.5 +600.The J...E....T...S... are 4 point home dogs. We like the Jets to keep it close...
FOOTBALL TOMORROW
Posted on September 19, 2009SUICIDE POOL PLAYERS- Get your picks in. Week one saw two deaths- The Public Pretender and Francisco Rodriguez pick the Bengals only to suffer a heartbreaking last second loss to the Broncos. Better luck next year, and for the third year in a row we have had at least player out on week one...
A COLLEAGUE ASKS FOR HELP
Posted on September 18, 2009We received an email from REGJB attorney Debra Cohen. She asked us to summarize it. Basically she wants everyone to know that she has been suffering from diseases related to a life time of smoking: (from the email) "The reality is that I have COPD, chronic bronchitis and emphysema...
The Jewish Service Heard Round the World: Live from Germany
Posted on September 18, 2009Tonight marks the beginning of ten days of introspection for those who practice and follow the Jewish religion. In honor of the Jewish New Year, Rosh Hashanah, we bring you this amazing story. THE SCENE: The Battle for the control of Aachen, Germany. THE DATE: October 29, 1944...
THE TRIAL TAX
Posted on September 16, 2009Here's the problem: You go to court on a third degree felony or a misdemeanor case and the state makes an offer and the attorney asks the court to make a lower offer and the court declines because if the court makes an offer and it is rejected and then the case goes to trial, the judge can't sentence the defendant to anything higher because if s/he does it is a vindictive sentence...
3rd DCA ROUNDUP
Posted on September 16, 2009Judge Sayfie joins the hall of shame here for a 3.850 case. Same song, different verse. Ditto Judge Pinero here and here. And Judge Rosa Rodriguez here.Judge Ward's denial of a 3.850 in Henad v. State was upheld. Ward reasoned that the defendant who took a 5 year prison sentence when faced with a 15 year minimum mandatory in a case that carried a very high likelihood of conviction was not believable when he argued that if his attorneys had told him he would be deported he would have turned the plea offer down...
MORE ON ROBERT CARNEY
Posted on September 15, 2009UPDATE ON CARNEY:Thanks to the Broward Blog for doing all the heavy lifting here. Here is the link to the 1999 11th Circuit Opinion detailing more of former Broward prosecutor Robert Carney's malfeasance;And here is a pertinent part of the decision copied from the Broward Blog: :Purvis v...
TO SLEEP, PERCHANCE TO DREAM
Posted on September 14, 2009UPDATED WTH A RESPONSE (of sorts) BELOW!TO SLEEP, PERCHANCE TO DREAM; AY THERE'S THE RUBYour tax dollars at work. The scene: The last day of the Florida Public Defender's Association Death Penalty Training Seminar (Life Over Death)The Players: An expert in Jury Selection in Death Penalty Cases is giving a lecture...
GET EVEN MONDAY
Posted on September 14, 2009Many years ago, at a secret meeting attended by our friend 52nd Street Irwin, the powers that be decided that there needed to be one more football game after Sunday to allow everyone who had losses on Sunday one more chance to get even. Thus was born Monday Night Football...
FOOTBALL 2009
Posted on September 12, 2009It all starts tomorrow!!!Don't forget the Suicide Pool: David O Markus, Miguel De La O"ver", Marshall Dore Louis, Iftikhar Memon, Public Pretender, Daniel Tidbitt, Fake Alex Michaels, and others have already signed up. Don't forget to get your picks in before tomorrow...
FOOTBALL 2009 WEEK ONE
Posted on September 12, 2009NFL WEEK ONE, here we go. Our Fins travel to Atlanta and we have been saying for some time now that we are worried about this game followed by the Monday nighter at home against the Indianapolis Mannings. The Fins will be a better team this year but that does not translate to a better record...
WE WILL NEVER FORGET
Posted on September 11, 2009Antietam. The battles at Yrpes and The Marne and The Somme in the First Great War. Bastogne, Belgium, December 1945.Iwo Jima, February-March, 1945. Manhattan, September 11, 2001. We will never forget. Site Feed
LOOK AT HIM MR. SATZ AND MR. CARNEY
Posted on September 10, 2009This is the picture of the man Mike Satz and Robert Carney sent to prison 24 years ago for a crime he did not commit. This is the picture of Anthony Caravella, sent to prison as a fifteen year old boy whose only crime was he was mentally deficient. This is the picture of an innocent man who "confessed" to a crime he didn't commit...
COUNTY COURT CRISIS??
Posted on September 08, 2009We received this email and print it in its entirety. Rumpole: Today (Tuesday) was a nightmare in County Court. It does not appear the Judges did anything whatsoever to prepare for the extra cases today. Indeed, if anything there was this additional trial calendar at 11 AM that threw everything into a crisis...
SATZ STRIKES BACK!
Posted on September 07, 2009Fast on the heels of an independent expert finding that the Broward SAO convicted an innocent 15 year old boy and sent him to prison for life in 1983, the Broward Blog reports here the reaction of Broward State Attorney Mike Satz.Did Satz thank the expert for helping his office do justice and correct a horrendous wrong? Nope...
FOOTBALL STARTS THIS WEEK
Posted on September 06, 2009Steelers v. Titans kicks off the season this Thursday, with a full slate of games set for Sunday. RUMPOLE'S SUICIDE POOL IS BACK: To play send us an email with your pick for this week. If you want the Steelers or the Titans make your pick before Thursday, otherwise before Sunday...
EYEWITNESS TESTIMONY
Posted on September 05, 2009Eyewitness testimony is really great, isn't it? Here's another story in the Herald of a 15 year old boy (no less) imprisoned in 1983 for life for a rape that new forensic evidence shows he didn't commit. Here's the point: It's one thing for us to acknowledge that we knew a whole lot less about the weakness of eyewitness testimony 25 years ago than we know today...
HAPPY LABOR DAY WEEKEND
Posted on September 04, 2009Enjoy your three day holiday.Did our Chief Judges make plans to ensure that the building is not overwhelmed with people trying to get in Tuesday morning? We will back to make a personal inspection and report our findings. Until then, this is really a wonderful city...
YOU'RE WELCOME MR. MAYOR
Posted on September 02, 2009We received this in the comments section. You never know who is reading the blog.Anonymous said...Thank you for sharing your thoughts and giving me an opportunity to respond. Our state attorneys and public defenders -- and their support staffs -- do tremendous work for very little money...
3rd DCA ROUNDUP-SHOUT OUT EDITION
Posted on September 02, 2009It's that time again. And just to show you that I'm not a hard-hearted man, and that it's not all dollars and cents, we give a personal WELL DONE to assistant public defenders Robert Kalter and Jessica Zaiger Wallace who in Pittman v. State obtained a reversal and DISCHARGE FROM CUSTODY for their client...
PD OFFICE- FLIP SIDE
Posted on September 01, 2009UPDATE: Well no real surprise here, but now there's proof Texas has executed an innocent man. More on this tomorrow. The Public Defender's office has their own defenders:These two comments probably settle the issue once and for all: Anonymous said...i was at the ct house today and lawyers were telling me that morale at the office is not good!Tuesday, September 01, 2009 3:25:00 PMand...
TEXAS HAS EXECUTED AN INNOCENT MAN
Posted on September 01, 2009New Yorker reporter David Grann has written an article detailing the execution by Texas of Cameron Todd Willingham, who was convicted in 1994 of setting his house on fire to kill his three young children. The title of the post links to the article. It is a MUST READ...
PD OFFICE IN TURMOIL
Posted on August 31, 2009It is our sad duty to report that the once proud Dade County Public Defender's Office is in turmoil. Morale is in basement (and they don't even have a basement on 14th street, do they?) Some top (very top) guys were at a goodbye party for a PD leaving for a civil firm last Thursday and were telling everyone that they were going to get poor Ol'Rumpole...
SHAKE ON IT? NOPE,
Posted on August 31, 2009THE CAPTAIN REPORTS:MORATORIUM ON HAND-SHAKING AT ALL MIAMI-DADE COUNTY COURTHOUSES ....Beginning tomorrow, September 1, 2009 and continuing for the rest of flu season, OUR HONORABLE CHIEF JEFE Joel Brown and his office along with the CLERK OF COURT Harvey Ruvin together with the AOC of the 11th Judicial Circuit, has called for a moratorium on hand-shaking at all courthouses located in Miami-Dade County...
THREE BROTHERS, TOGETHER AGAIN.
Posted on August 29, 2009The three bothers are together again. The Supreme Court announced yesterday a rare September re-argument in the "Hillary the Movie" case which was argued in March. The issue is whether the court should uphold a 1990 ruling upholding restrictions on corporate spending to support or oppose political candidates...
IT COULD HAPPEN HERE PART TWO
Posted on August 27, 2009We are pleased out first post on the ominous subject of the State's so called "interest" in the health and demographics of population growth drew so much interest and comments. So we continue with the second part of our view on this subject. (Those of you tuning in hourly awaiting the big PD expose, fear not...
3rd DCA ROUNDUP
Posted on August 27, 2009Better late than never....Dyer v. State: Staring at the wall for a while before making an incriminating statement is not good for your legal health: In Jump v. State, 983 So. 2d 726 (Fla. 1st DCA 2008), State v. Lebron, 979 So. 2d 1093 (Fla. 3d DCA 2008), and State v...
SENATOR TED KENNEDY HAS DIED
Posted on August 26, 2009Senator Edward Kennedy has died. He was 77. The last remaining son of Joseph and Rose Kennedy and their youngest child, Ted Kennedy lived to see the deaths of his brother Joe, during an ill fated bombing mission in World War II, and brothers John and Robert at the hands of assassins...
DUIS DOOMED?
Posted on August 24, 2009The Armando Gutierriez who was indicted in New Mexico and is a political consultant there and who may have some ties to South Florida is NOT the same Armando Gutierriez who runs many judicial campaigns in Miami. If DUIS and something called an "intoxilyzer" are your things, then courtesy of the Broward Blog here is a North of the Border Judge's ruling throwing out breath tests because of something like they forgot to feed the hamster on the wheel inside the contraption...
IT COULD HAPPEN HERE
Posted on August 24, 2009IT COULD (AND HAS) HAPPENED HERE. Choosing life based on genetics. Ordering death or sterilization for those whose physical/mental appearance or abilities do not meet the standards of the State. Does Obama?s health plan call for death squads? Of course not...
IT'S A FOOTBALL SUNDAY!!!! (Saturday night)
Posted on August 22, 2009DOLPHINS UPDATE: Rookie sensation CB Sean Smith and CB starter Jason Allen are out of tonight's game with the FLU. Various media outlets are reporting it is the Swine Flu, but other reports indicate that no tests have been done and doctors are generally calling any flu this time of year as "suspected swine flu...
JUSTICE?
Posted on August 21, 2009There are two news items for us to ponder in our never ending examination of Justice:ITEM: SCOTLAND RELEASES MAN CONVICTED OF LOCKERBIE BOMBING:On December 21, 1988 terrorists blew a 747 out of the sky over Lockerbie, Scotland, killing 270 innocent men, women, and children...
3rd DCA ROUNDUP
Posted on August 19, 2009THE EMPIRE STRIKES BACK EDITION.From James v. State, Judge Shephard, somewhat upset:On August 24, 1999, Derrick James was sentenced to twenty years in state prison as a habitual felony offender and prison releasee reoffender for burglary of an unoccupied dwelling and grand theft...
THORNTON SEALS THE HIRSCH TAPES
Posted on August 18, 2009The South Florida Lawyer's blog and the Sun Sentinel (the title of the post links to the Sun Sentinel article) report that Judge Thornton has SEALED PERMANENTLY the "Milt Hirsch" tapes. Thornton is quoted as saying that he listened to the tapes "not once, but several times" and that the tapes DO NOT, repeat, DO NOT SHOW THAT HIRSCH TOLD HIS CLIENT TO FLEE...
STAYING STUPID ON CRIME
Posted on August 17, 2009From NY Times Op-Ed Columnist Charles Blow, an Op-Ed piece entitled "Getting Smart on Crime" caught our attention. (The title links to the article.)Stats: US Prison population has quadrupled over the last 25 years while the population has grown by less than a third...
NPR REPORT: PD PLIGHT
Posted on August 17, 2009Be warned: this is a very disturbing post. (If you're interested in a Dolphins preview, check out the previous post. And we are happy to report that Ana's cyclonic circulation has dissipated to point where she is not even being tracked for the time being...
NFL 2009 DOLPHIN TIDIBITS
Posted on August 17, 2009With the start of the 2009 pre-season, many of you are wondering whether we can keep up for a 3rd year our absolutely astounding ability to pick football games well beyond the 66% winning percentile most pro touts only dream about. Rumpole says: we've been doing it for 25 years or so, so why should this year be any different? Take it from the guy who has watched 90% of ALL plays in EVERY pre-season game this year so far (The NFL Channel makes our job so much easier), we will be ready on day one to make you some bucks...
ANA AND BILL
Posted on August 15, 2009Business being a bit slow at Home Depot and Channel Seven, and mindful of President Obama's mandate to stimulate the economy, we bring to you:Tropical Storm (although we think it has been upgraded to a Hurricane) BILL:Tropical Storm Ana:Site Feed
RULE BRITANNIA
Posted on August 14, 2009There's been some sort of coup in Turks and Caicos and Britain has suspended the government and imposed Home Rule on the Islands. The title links to the Herald article. Rule BritanniaBritiannia rules the waves....Site Feed
JUDGE ARTHUR SNYDER
Posted on August 13, 2009Based on the conversations yesterday, we think the only thing to do is create an official post for talking about memories - good and bad- of one of the legends of the REGJB.Mayor Of North Miami Beach. Circuit Court Judge. First Mayor of Aventura. Cantankerous jurist with a tennis court named after him, Judge Snyder was nothing if not controversial...
3rd DCA ROUNDUP
Posted on August 12, 2009It's time again for our Third DCA roundup. Defendant's keep filing appeals, and they keep denying them. It's a long hot summer and it's obvious our overworked judges at the 3rd DCA are taking some well deserved time off. Only one case merits our discussion:Hutchinsion v State...
DOLPHINS BLOW IT
Posted on August 11, 2009Today is Tuesday and if business is still slow and you didn't call Susannah Nesmith yesterday, what are you waiting for??Fallout from our criticism yesterday of Atticus Finch was rather severe. Some emails suggested we would be hung in effigy if they only knew what we looked like...
JACK DANIELS AND JUDGES WHO CURSE
Posted on August 11, 2009Longtime and careful readers of the blog know our interest in obituaries and a life well lived. And while we note the passing of Eunice Shriver, sister of Ted, Bobby and JFK, it is the life and death of Jimmy Bedford that has caught our attention. Jimmy Bedford's NY Times Obituary is here...
RUMPOLE'S SUNDAY QUIZ
Posted on August 09, 2009We apologize in advance for confounding our robed readers as they peruse their sunday comics.5 logicians walk into a diner for breakfast. The waitress approaches and asks "does everybody here want coffee?"The first logician says "I don't know."The second logician says "I don't know...
OH SUSANNAH
Posted on August 09, 2009Today is Monday and if you're not in court trying a case like the rest of us, perhaps business is a bit slow? What are you going to do about it? Looking at the phone won't make it ring. And don't even think about calling that slimy bondsman who slipped you his card last week...
3rd DCA ROUNDUP
Posted on August 05, 2009If Wednesday was Sundae then Thursday is our 3rd DCA roundup day:There is no crime of attempted battery on a law enforcement officer. There. We said it. It's out in the open. And the 3rd District agrees here in Myers v. State. Another reason that there is no crime of attempted battery of a police officer in Florida is that if you take a swing at a cop and miss they're going to beat you up so bad that they're bound to charge you with at least battery on a police officer...
WEDNESDAY IS SUNDAE
Posted on August 04, 2009According to the South Florida Blog, someone named "The Grinder" is after Milt Hirsch. Yikes!Bill Clinton rescued 2 US Journalists from North Korea. It's a well known fact that the dear leader of that nuclear state often takes to wearing four inch lifts in his shoes...
TUESDAY IS LOOKING BETTER
Posted on August 03, 2009Monday is done. Despite the hostile environment you know where, our client emerged from court looking like this:And that's how we will feel back in the friendly confines of our home turf on Tuesday. And speaking of smiling, there are two attorneys who are downright beaming...
COURT ON MONDAY
Posted on August 02, 2009Monday's going to be tough. When we walk into court Monday, it's going to look something like this to us. Where are we? See ya. Site Feed
NOT GUILTY WITH AN ASSIST FROM THE BLOG!!!
Posted on July 31, 2009There are many ways we have, over the years, snatched innocent clients from the maw of the state. But suffice to say the comment below leads us to believe this is the first time we have ever contributed to a not guilty by virtue of our humble work here: Anonymous said...
ALL MILT ALL THE TIME
Posted on July 30, 2009(Almost all Milt all the time: Here's the DBR article on Brown/Lederman..et.al.) The controversy rages on....what did Milt Hirsch say? When did he say it? Are the tapes admissible at any proceeding? Should they be? What about the disparity between Stallworth and Casey? Who is John Galt? The best of the comments from the last two days: Anonymous said...
MILT HIRSCH DUST UP
Posted on July 29, 2009A couple of thoughts:There's a Georgetown graduate sitting in jail facing a 12 year prison sentence for DUI manslaughter. He had no priors and had otherwise led a lawful and productive (albeit no TDs) life. How do you think he and his family felt when they saw a star football player (OK...
WALT DISNEY PRODUCTIONS PRESENTS
Posted on July 28, 2009DUI...Broward style:The scene: A traffic accident in Hollywood, Florida. A Hollywood police officer has apparently rear-ended a car being driven by a young woman. This being North of the Border, the police are scheming to arrest the young woman and alter the accident report to reflect an accident more to their liking...
A JUDGE WRITES IN
Posted on July 27, 2009Play our Presidential trivia game, below:Based on the email address, we're pretty sure this is a Judge, but there is no way to be 100% sure. We received this email. It's hot. No one wants to be working. And apparently, tempers are running a bit short:Dear Rumpole: Would you print this on the blog? It might help make calendars run a bit smoother...
A LAWYER RESPONDS
Posted on July 27, 2009Hot on the heels of our putative and punctilious Judge, a lawyer responds: Your Honor,May it please the court: I shall endeavor to respond point for point to your list of complaints:1) No contest. You are 100% correct. I shall pledge to smack in the head any lawyer I see raise two fingers on both hands to indicate parenthesis...
THE GATES ARREST
Posted on July 24, 2009Lets take a look at the Gates arrest. What do we know? 1) A neighbor calls the police after she sees Gates on his porch with a backpack trying to open his door. An afro-american driver is assisting him. (With neighbors like these, who needs....)2) The police arrive to a call of a burglary in progress...
3rd DCA ROUNDUP
Posted on July 23, 2009UPDATE JOEL BROWN SWORN IN AS CHIEF JUDGE TODAY!!!Someone screwed up and we didn't get our invitation. Nevertheless the theme of his speech "We're not Broward" * was quite a hit we hear.It's hot out. Nobody wants to work. Seems like a good time for our 3rd DCA round-up:Echevarria v...
SEWAGE AND SLUDGE IN THE CLERK'S OFFICE
Posted on July 22, 2009Who among us hasn't at some time of frustration cursed our little courthouse as a "sewer" and some of its inhabitants as "sludge" ? Be careful what you ask for....because now comes word courtesy of a DBR article that budget cuts have had the unintended effect of "bumping" workers from their regular jobs into our clerks' office...
APOLLO 11 40TH ANNIVERSARY
Posted on July 21, 2009UPDATE: Before we begin, Judge Tom Peterson reads the blog!!! Judge Tom Peterson said...Hey ! I enjoy the repartee and accept criticism but I am neither senile nor absent. I am 67 and sit in County Court Criminal.Believe me, I get absolutely no pleasure of writing a letter like that but I believe it to be true and felt I had to say it...
GOODBYE COURT REPORTERS (broward edition)
Posted on July 21, 2009The DBR reports that court reporters are about to go the way of bond reductions North of the Border. The title of the post links to the article. The PDs and the SAO have agreed to stop using live court reporters and replace it with something called DepoTek...
FEAR AND OPPRESSION IN JUVENILE COURT
Posted on July 18, 2009"DEMANDS FOR RIGID CONFORMITY AND OBEDIENCE"....."UNREASONABLE AND ARBITRARY DICTATES"...."AN ATMOSPHERE OF OPPRESSION"...A Soviet Gulag? No. President's Bush's White House? Not quite.Broward? Perhaps, but not in this context. No, those were the words of Retired Circuit Court Judge Tom Peterson onthe atmosphere in Juvenile Court engendered by ousted Chief Judge Cindy "The Tsar" Lederman...
3rd DCA ROUNDUP
Posted on July 16, 2009Our mostly weekly (and weakly) roundup of the opinions that matter most. (yawn).Corley v. State: En Banc opinion on obscure area of sex bat victim injury points under 1991-1992 guidelines: "Acknowledging our fallibility, we today recede from this holding in Arroliga and belatedly join every other district court of appeal in the state which, for Category 2 Sexual Offenses committed during the time period in question in this case, see infra n...
JEFFERSON , PALIN, AND FOOTBALL
Posted on July 15, 2009Before we begin, we highly recommend you go to the federal blog and read guest blogger Dore Louis's reporting on the interviews in Federal Court for the open slot. State court Judges Barzee, Bob Scola, and Bagely got rave reviews, as did Federal PD Kathy Williams...
SOLVE THE MYSTERY
Posted on July 13, 2009BREAKING BLOG NEWS: several emails arriving alleging that a member of the judiciary in the REGJB has been diagnosed with swine flu! No pity comments. No smart remarks. Just our sincerest hopes and prayers for a safe and speedy recovery. We will not release any names until the Judge or the 11th Circuit does...
JUDICIAL SHAKE-UP
Posted on July 13, 2009"Some day we'll look back and this will all seem funny..."Bruce Springsteen, Rosalita. CJ Joel Brown (seated behind a desk) There are things being negotiated now that are gonna solve all your problems and answer all your questions. That's all I can tell you now...
JEFFERSON CODE CRACKED
Posted on July 11, 2009Just in time for the 4th of July! (or shortly thereafter)When in due course of human events, it becomes apparent that a 208 year old presidential code needs to be cracked......Fascinating WSJ article (the title links to the post) on solving a 208 year old mystery...
THIS STINKS
Posted on July 09, 2009We as defense attorneys all know that the situation detailed in the comment bellow happens every day. Judges who were not in private practice and prosecutors may not be as aware of what goes on.This stinks. It happens every day and the police and the prosectors do not lift one finger to stop it...
CJ JUAN RAMIREZ
Posted on July 08, 2009The 3rd DCA (Motto in criminal appeals: "PCA AFFIRMED!") has a new Chief Judge: Former Miami private practitioner and former Miami Circuit Court Judge Juan Ramirez. Congratulations. Here's our request: less PCA's. If we're going to lose, tell us why...
A LAWYER ANSWERS JUDGE SCHWARTZ
Posted on July 07, 2009Starting on July 1, the shadowy and murky world of traffic attorneys became subject of blog discussion, fueled primarily by Judge Shelly Schwartz's criticisms of the ticket firms and their use of contract lawyers in court. Yesterday we printed Schwartz's primary complaints...
TRAFFIC TURMOIL
Posted on July 06, 2009Judge Sheldon (Shelly) Schwartz saw fit to write in about a long standing situation involving the nefarious underworld of traffic attorneys.You can find his full comments under the July 1st posting. We have edited his comments here (not in the comments section) to include the full gist of his feelings:(Tomorrow: a traffic lawyer responds- we invite additional responses for consideration of a front page post...
NEW PROCEDURES FOR COUNTY COURT
Posted on July 01, 2009Kindly act accordingly: (Now if they could only get the escalators to run)THE HONORABLE SAMUEL J. SLOM COUNTY COURT JUDGE 1351 N.W. 12 STREET ROOM 513 Miami, Fla. 33125 Phone 548-5187 Fax: 548-5134 TO: ALL ATTORNEYS FROM: SAM SLOM, ADMINISTRATIVE JUDGE ? COUNTY COURT CRIMINAL DIVISION RE: COUNTY COURT CRIMINAL DIVISION CHANGES DATE: JUNE 30, 2009 Within the next month or two, the County Court Criminal Division will be implementing two changes to our current case setting practices: 1...
SENATOR FRANKEN
Posted on June 30, 2009Al Franken, erstwhile comedian, author of "Rush Limbaugh Is A Big Fat Idiot", is now the Junior Senator from Minnesota. Franken's victory gives the Democrats a "60ish" majority in the Senate, because while the Democrats have 60 votes-giving them a filibuster proof majority, Democratic Senators Byrd and Kennedy have been ailing and mostly absent from votes...
MADOFF GETS 150
Posted on June 29, 2009As we sit here waiting for a judge who is perpetually late (and you know who you are) the following questions are on our mind:Doesn't giving a 70 something year old man 150 years speak more of vengeance than the 3553 sentencing factors? Is 150 years the minimum sentence necessary to accomplish all the other goals and concerns under the statute? Don't get us wrong- Madoff ruined hundreds of lives if not more...
Odd Couple - "My Strife in Court"
Posted on June 29, 2009Perhaps the greatest courtroom scene in the history of television.Site Feed
RANCK -N- FILES
Posted on June 28, 2009Two more submissions on David Ranck's blog. This one is his latest response to the Stevenson Charles and Passion Carr murder prosecution. It appears Stevenson Charles is serving 20 years with the Feds for gun issues which we are not certain are related to this case...
MILLER CHANGE'S HIS MIND
Posted on June 26, 2009Judge David Miller changed his mind about the bond status of Adam Kaufman- and Aventura resident accused of killing his wife.According to this CBS article, Judge Miller had an epiphany of sorts on Father's day, and reconvened court this week on the issue of releasing Kaufman, which he had previously refused to do...
The Passing of Patti Talisman Hersch, ESq.
Posted on June 25, 2009It is with tremendous sadness that we report that our colleague Richard Hersch's wife- Patti Talisman Hersch has passed away. The funeral will be at Temple Beth Am on Sunday June 28, 2009 at 12:00 Noon. 5950 SW 88th StreetPinecrest, Florida 33156305-667-6667The family requests that in lieu of food or flowers donations be made to Voices For Children Foundation1500 NW12th AvenueSuite 1117Miami, FL, 33136(305) 324-5678Site Feed
WHAT MEN WILL DO FOR.....
Posted on June 24, 2009Love. (What? You thought we were going to say something else?)The title of the post links to the NY Times story of the bizarre saga of South Carolina's Governor Mark Sanford who stole away from the state to rendezvous with his hot "latina chica" in Argentina...
NO RIGHT TO DNA TESTING
Posted on June 23, 2009?No State shall . . . deprive any person of life, liberty, or property, without due process of law.?* U. S. Const., Amdt. 14, §1; accord Amdt. 5.*(But the Supreme Court can....)In case you missed it, the US Supreme Court ruled 5-4 last week that it doesn't matter if you're innocent and in prison- a prisoner has no constitutional right to a DNA test of the evdience...
MAN BITES DOG
Posted on June 23, 2009The Herald reports here that a man robbed a Wachovia bank on Tuesday. Not included in the article was the fact that he got away with 150 million in bad loans and as a result Wachovia's stock was actually up two points in trading on news of the robbery...
DAVID RANCK UPDATE
Posted on June 21, 2009The Miami Herald article on a case David Ranck handled is out today. The title links to the Herald article by Davild Ovalle. Ranck has four blog entires on his involvement on the case beginning here. Part IV of his blog entry on the case details partly his insider's view of how the SAO and US Attorneys Office get along...
A MOTHER'S LOVE
Posted on June 21, 2009The police shooting of Leonardo Barquin, an unarmed 17 year old boy, was the case that started the process that eventually cost David Ranck his job as an assistant state attorney. Agree or disagree with Ranck's analysis and subsequent actions, Ranck saw something he didn't like and he spoke out about it...
SAY IT AIN'T SO TOM
Posted on June 19, 2009Shoeless Joe Jackson.(there's an interesting update about David Ranck below.)Attorney "Shoeless" Tom Risivy has been complaining for some time now that the highly trained security personnel at the Coral Gables Branch Court (Motto: "We're at Christy's...
3rd DCA ROUNDUP
Posted on June 18, 2009SUPER UPDATE: WE'VE MADE THE BIG TIME!!! Herewith is an except from Judge Gold's exceptionally well reasoned opinion in Ranck v Rundle:On May 5, 2008, Plaintiff made public the Memo by posting it on a blog he created and sending a link to his posting to the Justice Building blog, a well known public forum used by lawyers practicing criminal law in Dade County...
RANCKED OUT
Posted on June 17, 2009Former ASA David Ranck had his federal lawsuit against the SAO dismissed at the summary judgment stage by Judge Gold. David Marcus has all the details here, including a link to the Herald story. Those of you wishing to do so can email David at davidrancklaw at aol dot com...
WHEN WILL IT END?
Posted on June 16, 2009This was the scene confronting the citizens of Miami as they streamed into our worn down and weary courthouse on Monday on not one, but two floors.When will it end? It's like voire dire before Judge Tunis (we hear she went a solid month on her current murder case)...
STALLWORTH CONTROVERSY
Posted on June 16, 2009The comments below fairly reflects the chatter around the REGJB regarding the plea offered to NFL star Donte Stallworth that included a mere 30 days jail for a DUI manslaughter. The question is whether Donte Stallworth bought his way out of state prison? In our experience this is one of the most lenient deals ever offered a person charged with DUI Manslaughter...
The Ties That Bind
Posted on June 15, 2009It's 96 degrees outside. It feels like 105. The humidity is 100%.And only one profession mandates that the male participants wear not just a tie, but also a coat, no matter how hot it is. Imagine if you will an alien species making contact with earth...
3rd DCA ROUNDUP
Posted on June 12, 2009Quiet week at the 3rd DCA. Not much to report except these three gems:Braggs v. State. Generic case law here on the issue of Melbourne and striking jurors during voire dire. BUT- talk about pulling victory from the jaws of defeat!! The court initially reversed the conviction because the trial judge left out parts of the mandated ?Melbourne analysis?...
FED STUFF
Posted on June 09, 2009Courtesy of everyone's favourite federal blogger, Dade Circuit Judges Jerald Bagley, Robert Scola, Mary Barzee Flores, and Darrin Gayles have applied for the vacancy in US District Court. (Click on the link for the full list).We all know that the Chief (Judge Fred Moreno) got his start in the humble confines of county court in our Justice Building...
THIS COULD BE A PROBLEM
Posted on June 09, 2009The title of the post links to the US Supreme Court's recent decision in Caperton v. A.T. Massey. The case reached the Supremes when the West Virginia Supreme Court (motto: "readin and writin at the highest legal levels") voted 3-2 to overturn a 50 million dollar verdict...
Tough Times for White Shoes
Posted on June 08, 2009No, we're not talking about Houston Oiler kick returner Billy "White Shoes" Johnson, who ran through opposing team's kick coverage units in the NFL in the 1970's like,We're talking about tough times hitting those big high falutin Wall Street firms. You know, the ones who sneered at us as we decided to go into criminal law while they did MA deals for the Street...
RaIN RAIN
Posted on June 07, 2009Go away, rain on Broward not us today. The rain has knocked our internet service out on an intermittent basis. We have a lot to say, but little ability to say it. Some people have been hoping for this for years now. But what countless legions of lawyers and others could not accomplish, mother nature has, at least on a limited basis...
MURDER OR TAN?
Posted on June 04, 2009Very quietly a real battle is shaping up over the prosecution of Aventura Developer Adam Kaufman for murdering his wife. The state and ME Dr. Bruce Hyma (someone we have found to be very thorough) aver that the woman died of mechanical strangulation. Attorney Bill Matthewman (who knows his way around a courtroom in the biggest cases) counters with ME Dr...
GREGG WENZEL
Posted on June 02, 2009For those of you who remember Gregg Wenzel, he was a Dade Public Defender in the mid-1990's. The title of the post links to a CIA press release confirming that Gregg Wenzel died in the service of his country as a field agent for the CIA in Ethiopia in 2003...
AT THE REQUEST OF JASON GREY
Posted on June 02, 2009Jason Grey sent us this emailDear rumpole, my wife of 15 years died monday at 4:41. she had struggled against cancer for 8 long years and couldn't go on she leaves me our 8 year old son jordan and literally hundreds of friends behind. I ask you for a favor...
GANT AND CARS: IS SCALIA OUR FRIEND?
Posted on June 01, 2009Before we begin, we take note of these petitions for cert: Florida v. Powell 08-1175 and Florida v. Rigternik 08- 1229 in which the innocuous little question before the Scalia Court is "must a suspect be expressly advised of his right to counsel before questioning, and if so, does the failure to provide this express advice vitiate Miranda v...
THIS IS WHAT AN OPINION SHOULD BE
Posted on May 28, 2009Concise. To the Point. Strict constructionist. Recognizing that emotionally the Plaintiffs are damaged, but following the letter of the law, which did not allow them to collect. Justice Scalia take note: Judge Gillis is at work.The Justice Building Blog proudly presents to you Fisher v...
3rd DCA ROUNDUP
Posted on May 28, 2009Better late than never, considering the volume of Supreme Court cases we have been reading lately:Brown v. State: Judge Mark King Leban joins the HALL OF FAME (as opposed to the hall of shame) for conducting an evidentiary hearing on a rule 3 motion, and issuing a decision based on facts that the record supports...
SUPREME COURT
Posted on May 27, 2009Update- our favourite federal blogger has temporarily lost his marbles. Go see his blog and see what he says about Scalia. With the Supreme Court taking center stage in the news, we present to you a few supreme tidbits: Supreme Court Decision Predictor...
STARE DECISIS
Posted on May 27, 2009Or- "How to over rule precedent in five easy steps and on five dollars a day."A treatise. By Antonin Scalia. Assoc. Justice. U. S. Supreme Court. Our last post dealt with the decision in Montejo v. Louisiana, and our belief that it represented the thin edge of a larger wedge created by Justice Scalia...
THE CAPTAIN REPORTS:BREAKING NEWS
Posted on May 26, 2009THE CAPTAIN REPORTS:BREAKING NEWS ....... U.S. SUPREME COURT .....SONIA SOTOMAYOR NOMINATED TO SUPREME COURTLooks like it's the hispanic female as Pres. B. Obama will announce his nomination of Sonia Sotomayor, age 54, to replace David Souter. She is a federal judge on the U...
30 YEARS OF SHAME
Posted on May 24, 2009Florida marks the 30 year anniversary of the re-institution of the death penalty. The title of the post links to the Herald's article. John Spenkelink was executed May 25, 1979 for the kind of murder that now-a-days would not come close to meeting the aggravating factors required for the death penalty...
THE PAYOFF
Posted on May 22, 200945 years after 3 civil rights workers were brutally slain, Philadelphia, Mississippi, a town synonymous with deep south "justice" and racial hatred, has elected its first African American Mayor. The election of Pentecostal Minister James A Young on Tuesday means that James Chaney, Andrew Goodman and Michael Schwerner did not die in vane...
SHOOTING SNAFU?
Posted on May 22, 2009First- SILENT CHARLIE - DAY 5. By virtue of the comments yesterday, some people have many of the questions we have about what's going on at the PDs office. ASA VON ZAMFT BLAMES MEDIA FOR SHOOTING:This has been on our plate for a while, but we just couldn't get to it...
SILENT CHARLIE DAY 4
Posted on May 21, 2009UPDATE: BLOCKBUSTER INDICTMENT! A Former Federal and State Prosecutor in New Jersey, and now a prominent criminal defense attorney- Paul Bergrin-has been indicted in federal court on 14 counts of obstruction of justice, witness tampering, murder and conspiracy to commit murder...
3rd DCA ROUNDUP
Posted on May 20, 2009If it's sometime after Wednesday, it's time for our (semi) regular perusal of the opinions emanating from somewhere down south and right near the Fair/Carnival grounds. Location coincidence? We say not. Nottage v. State, stands for the proposition not being sure as a juror still means you can find someone guilty for murder...
YOUR NEXT COUNTY JUDGE IS HERE
Posted on May 19, 2009A READER WROTE IN WITH THIS LIST OF ATTORNEYS APPLYING FOR COUNTY COURT JUDGE.The reader's comments to the list are in yesterdays comment's section. We do not pass any judgment except to say we agree with the person who posted the original comment: ASA Bill Altfield would be the perfect selection...
STRANGELY SILENT
Posted on May 18, 2009(For a guy that clearly knows how to use a phone, Carlos Martinez is strangely silent these days.)For a lawyer, for a defender, for an advocate for the poor, the weak, the gullible, Miami Public Defender Carlos Martinez remains strangely silent over the controversy regarding his office...
PLEASE RESPOND
Posted on May 14, 2009OK Carlos Martinez (BHB) here's your forum. The criminal legal community is watching. The 3rd DCA just spanked you and said that you (BHB) made poor choices in spending money for new attorneys on raises for existing attorneys. Several in-court PDs have sent us emails saying they haven't received a cost of living increase in a few years...
THE CAPTAIN REPORTS:BREAKING NEWS
Posted on May 13, 2009THE CAPTAIN REPORTS:BREAKING NEWS ...................3RD DCA ISSUES THEIR OPINION ON PUBLIC DEFENDER CONFLICT CASEWhile I have no doubt that Rumpole will provide you with a more comprehensive review of the very important decisions reached by that august body in Southwest Dade, one opinion today needs to be immediately reported ...
SCALIA UNLEASHED.
Posted on May 12, 2009The most engaging, interesting and perhaps (just perhaps) the brightest of the Supreme Court Justices recently let loose in a talk at the American University's College of Law. The title links to the Time's article. Here's something even our favourite federal blogger will like: Scalia on Hahvad:?By and large,? he said, ?I?m going to be picking from the law schools that basically are the hardest to get into...
LOCAL NEWS
Posted on May 12, 2009The BBC is on fire today. The Vatican denies Pope (Adolf) Benedict's participation in the Hitler Youth, although the Pope himself has admitted it. The BBC reports here on the convictions of 5 of 6 defendant's in Miami Federal court after 16 or so trials...
HARD AT WORK
Posted on May 11, 2009Here was the scene (sent to us by an alert reader) last week at approximately 10:00 AM. With at least three escalators out, denizens of the REGJB took bets on the 45 minute period the escalator technicians would actually stop their breaks and do some work...
NOT GUILTY IN BROWARD CAPITAL MURDER CASE
Posted on May 11, 2009North of the Border, which leads the state in acquittals at trial, just took a torpedo beneath the waterline last Thursday as as defendant accused of the murder, sexual battery, and strangulation of a young woman was acquitted of all charges. Yes you read that correct...
A CHILLING EFFECT
Posted on May 07, 2009Before we begin, we continue our story that broke late yesterday that Circuit Judge Tam Wilson will be retiring this coming October, 2009. A CHILLING EFFECT:The Justice Department has announced that the former Justice Department lawyers who authored legal memos justifying the use of coercive (read, torture) tactics against Al Queda prisoners, will not be subject to legal prosecution...
THE FRED STRIKES BACK
Posted on May 06, 2009Insanity: Doing the same thing over and over and expecting different results. Albert Einstein. After last week's dustup over Judge Fred Seraphin's putative refusal to call attorneys out of turn during the busy Wednesday sounding calendar in County Court, we sent our spy to Judge Serpahin's courtroom Wednesday morning for a report...
CINCO DE MAYO
Posted on May 05, 2009HAPPY CINCO DE MAYO Unfortunately this Cinco De Mayo is turning out like most other Cinco De Mayos, meaning we might not make court tomorrow. Ole!Site Feed
WHAT HAVE WE WROUGHT?
Posted on May 04, 2009Before we address the article, the Broward Blog reports the bill to do away with depos on 3rd degree felonies has died. This year. Like a vampire, most bills bad for criminal defense will rise once again to walk the earth (or Tallahassee) searching for sponsors ready to feed it on the blood of public opinion...
FACDL BANQUET LAST NIGHT
Posted on May 03, 2009Rick Freeman wraps up a good year as president. Hector Flores (former hot shot federal PD, and now in private practice, and the husband of blog favourite Judge Mary Barzee to boot) now takes over as President for the next year. Awards were given. Speeches were made...
RUN FOR THE ROSES
Posted on May 02, 2009Today is the 135 running of the Kentucky Derby. Friesan Fire is the favorite, but who wants to bet on chalk? Where's the fun in that? Lets look a little deeper.Papa Clem at 13-1 is the horse everyone is overlooking. He had a blazing workout this week, and he runs well on a sloppy track...
JOHNNY K NEW CIRCUIT JUDGE
Posted on April 30, 2009John Kastrenakis, long known in these parts as an assistant state attorney who, along with ASA Kevin Digregory obtained a hard fought for murder conviction against Joyce Cohen for plotting to kill her wealthy husband in their Coconut Grove house, has been appointed a Circuit Court Judge in West Palm Beach...
SOUND OFF
Posted on April 29, 2009UPDATE BELOW. A county court lawyer writes in about the problem. (accused of the crime of "not calling lawyers out of turn")What in the Sam Hill is going on in County Court? Our email is going crazy this morning. Here's a sample:I am blogging as I stand on line in Judge Seraphin's courtroom...
DEFENDER OF THE FAITH?
Posted on April 27, 2009Lots of Judge Butchko/Rick Freedman discussion in the comments section. Vote in our new poll: Judge Butchko: Champion of the 6th Amendment, or trying not to get reversed on appeal? We have our thoughts on the matter, including the belief that the politics of the representation of indigent defendants sometimes makes for strange bedfellows...
RICK FREEDMAN ON THE BUTCHKO BLOW-UP
Posted on April 26, 2009Rick Freedman decided to straighten us out about the Judge Butchko issue. (yawn)Rump:Technical foul on you for not getting all the facts before commenting. I was there and it went something like this:This was Judge Butchko's finest hour on the bench and she deserves nothing but praise for the lengthy hearing held in her courtroom on Friday...
NFL DRAFT TODAY
Posted on April 25, 2009Starting at 4pm we will probably(-you never know what else may come along) be blogging live for the NFL draft. Right now, we predict this: with the 25th pick of the 2009 NFL Draft, your AFC East Division Champion Miami Dolphins select Everette Brown, Defensive End, Florida State...
NFL DRAFT BLOGGING LIVE
Posted on April 25, 2009The Lions have picked QB Stafford and have given him more guaranteed money than any current player. Something is wrong with a system that gives a rookie who hasn't played a down more money than the best player in the NFL. The Key to the draft is the next 3 teams...
A BUTCHKO BLAST
Posted on April 25, 2009Judge Butchko is upset. David Ovalle of the Herald writes:In unusually harsh words, Miami-Dade Circuit Judge Betty Butchko blasted the flaws of the system that defends the indigent accused of third-degree felonies.The title of the post links to the article...
NFL DRAFT PICKS 21-32
Posted on April 25, 2009The last 12 picks in the draft. The Fins are at 25. Still lots of great talent available because of strange reaches by San Diego and the Raiders, and because the Bucs took the 3rd QB of the first round. (21) The Browns are up (again- 3rd time) and pick at 21 (down from 5) Alex Mack, the big center from California...
NFL DRAFT 11-20
Posted on April 25, 2009At 11 the Bills reach and take DE Aaron Maybin. Another of these guys who play a 5 technique. But many draft nicks had Maybin as a bottom 5 pick in the first round. Michael Johnson was rated much higher. The Broncos reach and grab RB Knowshon Moreno, the big RB from Georgia...
JUDGE POZO RESIGNS
Posted on April 24, 2009We learned today that County Court Judge Ada Pozo, who defeated Jeff Swartz at the polls, has resigned as of the end of May. Anyone know why?The JNC is now accepting nominations for this slot. FACDL guy Rick Freedman wanted us to give props to the many criminal defense attorneys who have stepped up and volunteered to take a case pro bono (literally "how rumpole is paid") to help ease the PDs work load...
3RD DCA ROUNDUP
Posted on April 22, 2009If it's Wednesday, then you can get a Sundae at Carvel and read our exclusive summary of this week's 3rd DCA's criminal opinions (and we mean that just the way it reads).Ubila v. State- here's a guy who took three (count em, 3) pro se motions to correct sentence to the 3rd DCA for concurrent 15 year sentences with 10 year min mans as a violent career criminal...
THIS AND THAT
Posted on April 21, 2009David Markus writes about the recent Supreme Court decision about searches of automobile compartments and concludes that "the Fourth Amendment is not dead yet." Keyword- "YET".Markus and the Broward Blog also report that former Dade Assistant State attorney and current Chief Judge of the Broward Criminal Court division Ilona Holmes is being mentioned as the next US Attorney for the Southern District Of Florida (motto: "Give us a case and we'll blow it big time...
AHOY
Posted on April 20, 2009arrrrgggg.The NY Times is reporting that the 4th Somali pirate who surrendered is going to be brought to NYC for prosecution. (Click on the title of the post). It will be the first prosecution for piracy since Gore sued Bush, and before that, sometime in the 1700's...
CAN WE BORROW A HUNDRED BUCKS?
Posted on April 17, 2009We owe our favourite federal Blogger David Markus a hundred bucks after we booked his bet on the Castrnoves jury trial. He predicted a full acquittal, and ever hungry for action, and fully convinced Mr. Markus can win trials more often than he can predict them, we took the bet...
YOUR TAX DOLLARS AT WORK.
Posted on April 15, 2009One of the absolute pleasures of working in the REGJB (warning: gratuitous and cheap shot at judges coming up) beyond the absolute pleasure of working with distinguished, experienced (cough cough) and dedicated jurists, who all sacrificed lucrative legal practices just to serve our community in our time of need, is the first class way the maintenance crew responds to emergencies...
3rd DCA ROUNDUP
Posted on April 15, 2009If it's Thursday, (or sometime thereafter) it must be time for our weekly and weakly review of the opinions issued by that monument to justice in Kendall- the 3rd DCA.Speaking of Justice, we start with a rousing affirmation of a drug trafficking conviction of two Defendants in Lelieve v...
HE'S LOST THAT LOVIN FEELING
Posted on April 14, 2009Phil Spector, music producer, member of the rock and roll hall of fame, founder of the "Wall Of Sound" music of the 1960's was found guilty of second degree murder on Monday in Los Angeles. He faces 18 years in prison. The title links to the NY Times article...
THE DUTY YOU OWE YOUR CLIENT
Posted on April 13, 2009In light of our favourite federal bloggers stunning win in federal court, and the simultaneous collapse of the career of at least three prosecutors who had their fingers in the case, the question some people are posing is whether there will be repercussions for Mr...
WHAT THE BAILOUT HATH WROUGHT
Posted on April 12, 2009BOOM. BUST. RECESSION. BOOM. BUST. RECESSION. BOOM. BUST. RECESSION. DEPRESSION......BOOM? We are not an economist, but apparently it is clear that despite the best efforts of rational economist and republican conservatives, economies move in cycles. Now with the prospect of millions of americans losing their jobs, the democrats have stepped into the fray with their hand wringing over the human cost of this latest debacle...
KABOOM!
Posted on April 09, 2009Judge Gold's full 50 page order, which should be required reading for every prosecutor every year they work in a prosecutor's office, is here. Here is the DBR article:Judge orders U.S. to pay more than $600k in legal fees for misconductApril 09, 2009 By: John PacentiA federal judge today ordered the U...
3rd DCA ROUNDUP
Posted on April 08, 2009After a brief pause, we return with relish to our examination of the the cases that make us tick. In Mathis v. State, Judge Ramirez, who's getting better and better as he gets older, puts the legal kibosh on Judge Areces's denial of a motion to suppress...
A DAY OF SHAME FOR ....
Posted on April 07, 2009Judge Aleman. She was reprimanded by the Florida Supreme Court today. Having a bad day? Need a "pick me up?" Read the transcript of the reprimand here.Here's a highlight:Judges are not and must never become adversaries ofany attorney appearing before them, especially infirst-degree murder cases where a person?s life is atstake...
PD PRANK
Posted on April 06, 2009This was the sum and substance of a April first email originating in the PDs office detailing a new program. A few separate sources forwarded to us the email and we ALMOST fell for it and ALMOST printed the following:PD KEYSTONE KOPS vs. METRO DADE HOMICIDEWhat two separate sources have told us is that in response to the belief that Metro Dade Homicide does not honor a suspect's request for an attorney, the PDs office intends to station Public Defenders outside of the MDPD and follow homicide officers to the scene of homicides and thus be readily available if suspects request counsel...
WHERE IS....
Posted on April 06, 2009Rumpole?WHERE IS JOHN GALT?Those of you who have read Ayn Rand's magnum opus, Atlas Shrugged, know that today many of the state sponsored attacks on capitalism that Rand wrote about almost 60 years ago, are now coming true. Those who are committed Objectivists (Rand's name for her philosophy) are horrified by the government's usurpation of private industry and private capital in the name of altruistic collectivism...
GOOBYE MIRANDA
Posted on April 04, 2009Goodbye Miranda. It was nice knowing you. You tried. But you just weren't up to the task. Police officers routinely walked around you. They said they read your rights when they didn't; or before reading your rights they made some implicit threats. It was all done during the pre-interview, when nothing was taped or recorded-and anything goes-and usually did...
COVERUPS
Posted on April 02, 2009Now that we are done with our April fools ballyhoo, we can move on to more serious events. Cleveland Browns wide receiver Donte Stallworth was charged by arrest warrant with DUI manslaughter and DUI. His blood alcohol level was reported to be .126, and ...
BARRY HALPERN HAS PASSED AWAY
Posted on April 02, 2009Long time REGJB regular attorney Jack Blumenfeld was good enough to notify us that attorney Barry Halpern, who practiced criminal defense in the Justice Building for many decades, has passed away. There is a service for Barry Halpern Friday at 12 noon atRiverside Gordon at Aventura20955 Biscayne Blvd...
April 1 Confker Worm Special Edition
Posted on April 01, 2009Today is April 1. Has the Confiker worm hit you?NEW 24 Hour Court to debut:For years we have complained about the long lines in the REGJB, especially on Mondays and Tuesdays where court is closed on Monday. In response to our complaints, and to be filed under the heading "be careful what you wish for", the Judges of the REGJB are set to debut the new 24 Hour Court!!!Yes, in an order to be signed by the chief judges of country and criminal court today, there will be established a new 24 hour court open 24 hours a day, seven days a week, to handle all emergency hearings, and for those who opt for it, traffic tickets and non-DUI misdemeanors...
ABE LAESER RETIRES
Posted on March 29, 2009From Abe LaeserShalomI was sworn in as an Assistant State Attorney on May 2nd, 1973. It was the day after I had become a member of the Florida Bar. No other job ever seriously tempted me to leave. What I am can be found in the immortal words of Paul Simon, when he sang of the One Trick Pony: "He's just a one trick pony (that's all he is),But he turns that trick with pride...
NEW JUVENILE COURTHOUSE
Posted on March 27, 2009The Herald reports the approval by the Miami City Commission to build a "new...bright, modern, safe...welcoming...and green" Juvenile Justice Courthouse downtown. The title of the post links to the article. Rumpole notes: About time, but can the colour be something other than green??The current juvenile courthouse, which we've been to about three times in twenty plus years, is a disgrace...
PDS GET HELP
Posted on March 25, 2009Item: New Public Defender Carlos Martinez (Motto: "Proudly running the Dade County Public Defenders Office with help from Bennett Brummer since January 2009") has solicited the pro bono assistance of big firm civil lawyers for public defender cases. Martinez promises real trial experience in exchange for getting much needed help for clients...
OBAMA AND THE CONTRACT CLAUSE
Posted on March 22, 2009No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of NobilityU...
FREE SPEECH, DAVID RANCK, AND THE BLOG
Posted on March 21, 2009The title of the post link's to Jay Weaver of the Herald's article about ASA David Ranck's lawsuit against the State Attorneys Office- and office he has served so well for over twenty five years. In 2004 Ranck was assigned to a police shooting of an unarmed teenager who was accused of committing a burglary...
NEW MEXICO SCRAPS DEATH PENALTY
Posted on March 19, 2009The title of the post links to the BBC article. Governor Bill Richardson of New Mexico (motto "Hey, we're a state too!") has signed into law a bill abolishing the death penalty in New Mexico. Richardson, a former supporter of the death penalty called it the most difficult decision of his career...
3RD DCA ROUNDUP
Posted on March 18, 2009Before we get to the 3rd DCA, the Fed, as we predicted the other day, agreed to buy about a billion dollars of US Treasury notes. The NY TImes article is here. The effect will be to lower interest rates, and give the Government treasury about a billion dollars more to spend...
HAPPY ST PATRICK'S DAY
Posted on March 17, 2009HAPPY ST PATRICK'S DAY.Not a large Irish contingent here in Miami. But somehow we believe people in the Bars from South Beach to Homestead will find a reason to drink. Where will you spend St Patrick's day? What's your favourite bar to hoist a few? And where will Rumpole be????FMOCThe Federal Open Market Committee meets today...
ZLOCH v.MORENO
Posted on March 17, 2009Now we're cooking. Those of you who called for the blog to step away from the intellectual and metaphysical meanderings of the philosophical basis of our economic system, will be glad to know that help has arrived from an unexpected quarter: Federal Court!!!Yes, this is primarily the milieu of our favourite federal blogger...
MONEY IS THE ROOT OF ALL EVIL
Posted on March 16, 2009Have you ever thought about the meaning of money? What exactly is it? What does it stand for? In Atlas Shrugged, Rand wrote the famous "Money Speech" which remains perhaps the clearest definition of what money means. I refer you to the book for the entire speech, excerpts of which I have included here...
SOUND FAMILIAR?
Posted on March 15, 2009Much is being currently written about the events in Atlas Shrugged, Ayn Rand's masterpiece on what happens to a society based on collectivist- statist principles and altruistic ethics. Many are writing that we are seeing the events in Rand's novel played out today, in a frighteningly all too real display of altruistic collectivism implemented by the state (federal government)...
A NEW LOW
Posted on March 13, 2009The Broward Blog details an absolutely horrible event that occurred in Juvenile Court this week in which a Juvenile in custody was forced to urinate on himself because there were no bathroom facilities available and not enough officers present to take him to a bathroom...
FEDS PUT IN THEIR PLACE
Posted on March 12, 2009BREAKING BLOG NEWS THAT OUR FAVOURITE FEDERAL BLOGGER DAVID O MARKUS AND HIS DEFENSE TEAM RECEIVED A NOT GUILTY ON ALL 140 + COUNTS TODAY. DAVID WAS DEFENDING A DOCTOR AND IT WAS REVEALED DURING THE TRIAL THAT THE PROSECUTION, WITHOUT PERMISSION FROM THE DOJ, TAPED DAVID AND HIS DEFENSE TEAM...
PROPORTIONALITY
Posted on March 11, 2009Accused and soon to be convicted swindler Bernie Madoff will probably plead guilty in Federal Court in the Southern District of New York tomorrow. The title of the post links to the NY Times article. He is 70 years old and will receive what will in effect be a life in prison sentence...
HELP WANTED.
Posted on March 10, 2009Sent to us by a long time and careful blog reader, we present to you a bill in the Florida Legislature to REDUCE the salaries of all elected or appointed officials (including ahem...the salary of Judges) by 5%. 10-01410A-09 20092020__ 1 A bill to be entitled 2 An act relating to public officials; reducing the 3 compensation of certain public officials for the 2009 4 2010 fiscal year; prohibiting the payment of bonuses 5 to such persons; providing for future legislative 6 review; providing an effective date...
EYEWITNESS TESTIMONY
Posted on March 09, 2009Like Churchill 's lonely warnings about Germany through the 1930's, we've often, singularly, and loudly decried the inherent unreliability about Eyewitness testimony. Finally, a news media outlet has reported on the issue. The title of the post links to the 60 minutes piece on eyewitness testimony...
GOODBYE DEPOS?
Posted on March 06, 2009There's a move a foot to ban depositions for third degree felonies. The measure passed 5-3 in the Florida Legislature House Sub committee that handles such matters (We think it's the House Sub Committee on Fascism, but we're not entirely sure). This is the thin edge of a large wedge...
A Monumental Decision
Posted on February 26, 2009Monuments in parks are different from all other types of speech. The decision to place a monument, or not, is a form of government speech and thus not subject to scrutiny under the free speech clause. Thus held the Supreme Court in Pleasant Grove City, Utah v...
AGE LIMITS
Posted on February 25, 2009Our favourite Federal Blogger writes about Judge Hurley taking senior status. We echo his comments. Judge Hurley was a true Judge and gentleman and was respectful to everyone, even individuals he was sentencing. He was smart and a pleasure to try a case before...
SORRY
Posted on February 24, 2009The Dade County Bar Association is hanging a plaque today in the Miami Courthouse at 73 West Flagler apologizing for the history of segregation at the courthouse. The title of the post links to the Herald article. As a criminal defense attorney who's been forced to sit by himself when in civil court, I think the apology is long overdue...
THEY'RE CRAZY.
Posted on February 23, 2009Slumdog Millionaire best picture? Not in our book. The Herald ran a disturbing article about the "new" crisis for the treatment of the mentally ill at the Dade County Jail. The article is here. We were never told that the original crisis had ended. Quote from the article:The sickest of the men are housed on the ninth floor, a psychiatric wing that is often so disturbing that a former DCF secretary, Lucy Hadi, quietly cried after leaving the building two years ago...
JUSTICE FOR TED STEVENS
Posted on February 21, 2009THE RETIREMENT OF LAESER, GILBERT AND WAKSMAN CONTINUED:There are wonderful comments in yesterday's post about the retirement of Messrs. Lseser, Waksman, and Gilbert. We're glad to see some newer ASAs are reading the blog. And we appreciate that many of our readers echo our sentiment that the SAO is just not losing top notch trial attorneys, but also the best teachers for the young lawyers that pass through the office...
LAESER, WAKSMAN, GILBERT TO RETIRE.
Posted on February 20, 2009The title of the post links to the New Times article. Budget cuts are to blame. The Dade SAO now loses three top trial prosecutors who have over 100 years of combined experience. The loss of these three prosecutors is bound to adversely affect our community...
3rd DCA ROUNDUP
Posted on February 19, 2009If it's after Wednesday, then it's time for 3RD DCA ROUNDUP. Judge Thomas was reversed and the case remanded for discharge based on a PCA opinion which succinctly stated that there was no founded suspicion much less probable cause to justify the stop, search and seizure...
NEWS AND NOTES
Posted on February 18, 2009New policy north of the border: in lieu of issuing traffic citations, officers will now let female motorists go with a warning that next time they will "spank their bottom" and a kiss. Check it out here. Courtesy of the Broward Blog. Want to win friends and influence people? Want to be the talk of the town, or at least the federal courthouse? Then go ask our favourite federal blogger David O Markus to be his guest blogger...
VICTORY!!!!
Posted on February 18, 2009A Reader wrote in the comments section:Michael Mathers, a real gentleman, gets a NOT GUILTY on all charges in a first degree murder case before Judge Jimenez. The defendant was accused of being the hitman in the killing of a federal witness who had testified against his codefendant, Fat Tony...
TUESDAY MEANS LINES
Posted on February 17, 2009UPDATE BELOW: ASA David Ranck replies to the opinion and his conduct in Chapinoff.Once again we come to work on a Tuesday with a Monday off. And once again our clients will be faced with inhumanely long lines. Nothing turns people off to the court system then the perception that it is an unwieldily bureaucracy plagued with long lines, and staffed by clerks who do their utmost to frustrate you...
PRESIDENTS DAY QUIZ
Posted on February 16, 2009Match the quote with the President. The quote is taken from an Op Ed piece each president wrote for the NY Times at some time, not necessarily during the time they were in office. Answers tomorrow. Hint: just because you can figure out the date of the quote, does not mean the president at that time wrote it...
HAPPY BIRTHDAY: TAKE THE A TRAIN
Posted on February 15, 2009In 1939, when Duke Ellington was living in the Bronx, NY, he invited a "Pittsburgh guy" named Billy Strayhorn to visit him. The directions included: "Once in New York, take the A train to Sugar Hill."Strayhorn arrived and wrote the song to show Ellington that he could write lyrics about anything, including directions to his house...
WHAT CAN BROWN DO FOR YOU
Posted on February 14, 2009The DBR reports that Joel Brown rolled to a victory as a chief judge, with a "landslide" 62-59 win. The title of the post links to the DBR article. More later. Sartorial Splendor.Ever alert for the need of lawyers to dress for success, we scour the ads and check out the stores, so that you can feel confident we will direct you to the very finest places for suits...
MISERY?
Posted on February 12, 2009Forbes Magazine (motto: "We used to report on money when anyone had some") has ranked Miami, our fair city, the 9th most miserable city to live in, in the US. And to add insult to injury, we are snugly nestled in between Buffalo, NY, and St. Louis, MO...
WEDNESDAY IS FUNDAY AT THE 3RD DCA
Posted on February 11, 2009We're not the only one spoiling for a fight, but if you're going to fight, be warned ASA's, it could cost you a conviction. So held Judge Schwartz in Chapinoff v. State, when two mistrials caused by antics, fist-a-cuffs, and "free for alls" between ASA David Ranck and Defense Attorney Syndey Smith were enough to cause the 3rd DCA to vacate the defendant's conviction and remand for discharge on double jeopardy grounds...
LIES; DAMN LIES ...AND
Posted on February 10, 2009STATISTICS!!As first reported on the Broward Blog here are the acquittal rates for defendants after jury trials :July 2007-June 2007Miami Dade: Circuit 30%; County 49%Broward: Circuit 40%; County 75%Orange/Osceola: Circuit 40%; County 61%The title of the post links to the Florida State Courts Web Site (who even knew THAT existed? Wonder how much money they're spending on that?) There's lots of fun statistics on the site that we're going to play with...
CHIEF JUDGE ELECTION TOMORROW
Posted on February 10, 2009Joel Brown vs. Ivan Fernandez.Predictions anyone? Our poll has Fernandez ahead 46% to 36%. STIMULUS BILLThe Senate passed the stimulus bill on Tuesday 61-37. Now the Senate and the House have to conference to work out the differences. Query: Which party will have the most clout in these negotiations?If you said "the republicans" you are correct...
JUST ANOTHER MONDAY IN PARADISE
Posted on February 09, 2009Our new Chief Judge poll is up. Vote. Careful readers of the blog will note our new link with Channel Two's uVu. They promised a a link to our humble blog. Check out uVu. SUPREME COURTWith the illness of Justice Ginsberg, how does that effect the widely anticipated retirements of Justices Stevens and Souter? Stevens has done a superb job, but as the bible says, there is a time for everything, and his time on the court is coming to an end...
BAR SUPPORTS ADOPTION BY GAY PARENTS
Posted on February 09, 2009The Florida Bar Board of Governors has voted 42-0 to authorize the Family Law section to file an amicus brief in the 3rd DCA in support of Miami Circuit Judge Cindy Lederman's ruling that the state's ban on adoption of children by gay couples violates the Equal Protection Clause...
THE PRICE OF TRUTH
Posted on February 07, 2009for Everton Wagstaffe is remaining in prison to await the results of a DNA test, although he can leave anytime he wants because he has served 17 years and is approved for parole. The title of the post links to the NY Times article. ?I am willing to sacrifice more to prove my innocence,? Mr...
3rd DCA ROUNDUP
Posted on February 06, 2009Chief Judge runoff- February 12th, high noon. Judge Ivan Fernandez versus Judge Joel Brown. Details of the vote were faxed seperately to Rumpole last evening by judges Miller and Dennis-Espinosa. If it's after Wednesday, and we don't have anything else to do then it's time for 3RD DCA ROUNDUP!!!!In Martinez v...
NEW CHIEF JUDGE
Posted on February 05, 2009The Cardinals are in conclave. No white smoke yet. We may not be able to break the news when it happens. There's this horse running at 3 and ...never mind. Site Feed
BRRRR
Posted on February 04, 2009Good morning. It's 46 degrees. And a cold front is moving through that may make it colder. Welcome to Miami. More on jury questions: The comments section to yesterday's post contained pro and con thoughts on jurors asking questions. But we still have this question: Is it now mandatory to allow jurors to ask questions? If it is mandatory, and the court does not make provisions for jurors asking questions, then is a defendant entitled to appeal if s/he loses at trial? Also, some lawyers wondered whether some questions would require a mandatory mistrial? As we understand it, the rule requires the judge to review the questions before asking those the judge deems appropriate...
ABRAMSON LOSES IN SUPREME COURT
Posted on February 04, 2009Many of you have followed with bemusement the predicament of West Palm Beach "Circuit Judge" Stuart Abramson, who upon being elected, was promptly suspended by the Florida Bar for 91 days. To be a judge and not be able to practice law, or not be a judge, that is the question, that hung Hamlet like over our dear Thane Governor as he pondered "what to do ...
FORGED IN STEEL
Posted on February 02, 2009Judge Rob Pineiro said...Dear Friends of Judge Manny Crespo:On my return to Criminal I managed, with the kind help of the AOC, to move into Chambers 625 and Courtroom 6-1?Judge Manny Crespo?s Chambers and Courtroom. I have an 11? by 8? picture of Judge Manny which I have placed in all my assigned courtrooms...
SHOULD JURORS ASK QUESTIONS?
Posted on February 02, 2009Here's the Herald article summarizing the experiment some south florida judges have been conducting with allowing jurors to submit questions after a witness testifies. The juror writes the question down and both attorneys and the judge review it. If it meets with approval, the Judge asks the witness the question...
SUPER BOWL SUNDAY
Posted on February 01, 2009And out internet is down. Here's an abbreviated look at the match-up everyone is talking about:THE STEELER DEFENSE VS. THE CARDINALS OFFENSE.The Steelers run a defense like nothing the league has ever seen. When you see 365 pound Casey Hamton, the nose tackle, out in pass coverage, you've seen it all...
SUPER BOWL BREAK DOWN ONE.
Posted on January 31, 2009Good morning. It is 47 degrees this morning at 6:32 with a windchill of 41 degrees. The high will be 65 today and this cool weather should last through Wednesday. Perhaps our last cold front of the season? Enjoy it. Cardinal Defense versus Steeler Offense:The Arizona Cardinals Defense has been superb in the playoffs...
BROWARD MAYHEM
Posted on January 30, 2009MUSIC GONE. SEE BELOW. There is so much going on North of the Border today that they get their own post. The title of the post links to the very busy blog. FIRST: A man ran from Judge Imperato's courtroom and was chased by law enforcement. He ran outside and jumped into a canal...
THE CLUB
Posted on January 29, 2009One of the most elite legal clubs to be an alumni of? Yes, those who practice in Hialeah Branch court are an elite group, as are those who gather for coffee in Au Bon Pain at 7:30 AM. However, when you surpass those elite groups, you ascend to the stratosphere of legal intelligentsia: former AUSAS and United States Attorneys for the Southern District of New York...
I'M GONNA REPORT YOU TO THE BOARD OF BAR OVERSEEERS
Posted on January 28, 2009Monday it was sentencing ....today it's discovery Federal style. Plus, State PD takes the oath. See below. "I'm gonna report you to the Board of Bar Overseers... "That was a line from one of our favourite movies: The Verdict, staring Paul Newman. The Judge played by actor Miles O'Shea yells that line at Newman after their first go around in court during the trial...
3rd DCA ROUNDUP
Posted on January 28, 2009COUNTY COURT JUDGES BATTLE FOR PARKING SPOTS.....BELOW. Continuing our new year's resolution (Rumpole's motto: Keeping resolutions for at least a month) we return to the 3rd DCA website to see what's new in criminal law.Smith v. State: Everything you wanted to know about the standards for objecting to a preemptory challenge, but were afraid to ask...
IGNORING THE LESSONS OF HISTORY
Posted on January 27, 2009UPDATE. (And at 7:20 am, perhaps the earliest update in our history.) This you gotta read. The Broward blog recounts the long sad tale of a defendant who stood up to the SAO. To make a long story short, after losing a PVH, winning a jury trial on the same charges, and doing 48 months in prison, the SAO waits until the defendant is released from prison before filing a one count misdemeanor battery charge related to the defendant being tased in court during his PVH sentencing...
FIRST SUNDAY
Posted on January 25, 2009This is the first Sunday without football since those hot, steamy mornings in September (August if you count pre-season). Some readers consistently send emails throughout the season trying to remind us that this is supposedly a legal blog, and they don't like reading about sports...
WE LIVE IN MIAMI BECAUSE.....
Posted on January 24, 2009Today it's 35 degrees in NYC. 12 in Detroit. -16 in Chi Town (Chicago). 13 in Denver. -5 in KC (barbeque and soup?)-4 in St. Louis. -25!!!! In Bismark.BOOKED!!Shelly Jean Koostz has been arrested and booked for.....failing to return a library book. ("Booked" links to the arrest report)...
3RD DCA ROUNDUP
Posted on January 23, 2009In our continuing quest to remain faithful to resolutions bravely made on the ski slopes of California during the heady days of our December vacation, we reluctantly have begun keeping up with the 3rd DCA. As those of you who regularly read appellate opinions know, "Wednesday is fun day at the 3rd DCA" or the day they release their new opinions...
INAUGURATION RECAP
Posted on January 21, 2009Good morning. It's 42 degrees at 7AM and that seems about as low as it will go today. The temperatures did not reach the low 30's as was warned yesterday. THE OATH: The presidential oath of office, without the person's name, is 37 words. We had two of our most brilliant public servants standing there (both from Harvard Law School by the way, as I'm sure our favourite federal blogger knows) and they blew it...
CLINTON CONFIRMED
Posted on January 21, 2009BREAKING NEWS: CNN and MSNBC are reporting this evening at 9:00 pm (47 degrees in Miami, 43 with the windchill) that although the White House counsel believes the oath administered by CJ John Roberts yesterday was "sufficient" President Obama called the Chief Justice back to the White House today and re-took the oath "in an abundance of caution...
FAX MACHINE FIGHT LIVES ON
Posted on January 20, 2009Twittter with Rumpole. It's all the rage. Sign up here. The title of the post links to the "Inside Track" column of the DBR of January 15, 2009 that reports that Judge Maria Dennis's counsel, "Diamond" Joel Hirschorn (anyone remember that nickname from the 70's-80's?) has written Governor Charlie Crist requesting he appoint a special prosecutor to investigate Judge David Miller in light of the Dade SAO's (motto: "we prosecute almost any dumb case, unless it involves a judge") refusal to bring Judge David Miller before a jury of his frustrated fax peers...
DREAM FULFILLED?
Posted on January 19, 2009THE DREAM:"I have a dream that one day my four little children will live in a nation where they will not be judged by the color of their skin but by the content of their character."FULFILLED?(the title of the post links to last year's MLK post which has the You Tube video of the "I have a dream" speech...
WE REMEMBER
Posted on January 19, 2009Addie Mae CollinsCarole Robertson Cynthia Wesley Denise McNairOn Sunday September 15, 1963, four members of the klu klux klan (their names are not important) planted 19 sticks of dynamite outside the basement of the Sixteenth Street Baptist Church in Birmingham, Alabama...
CHAMPIONSHIP SUNDAY
Posted on January 18, 2009DO YOU TWITTER? TWITTER ABOUT THE JUSTICE BUILDING AND THE NFL PLAYOFFS HERE ON THE JUSTICE BUILDING TWITTER SITE, COURTESY OF RUMPOLE.Two great games today. One is a bit easier to pick than the other. Eagles at Cardinals. First ever NFC Championship game played in Arizona...
JOHN MORTIMER HAS PASSED AWAY
Posted on January 16, 2009The writer and creator of the Rumpole of the Bailey series, as well as many many other wonderful books, fiction and non-fiction alike, has passed away. The title of the post links to the NY Times Obit. We of course appropriated his most famous character for our nom-de-blog personality...
A TRAFFIC LAWYER SPEAKS
Posted on January 14, 2009A lawyer who handles traffic DWLS cases sent us this email and requested we post it. Here it is. Well done. I am a traffic lawyer. About 40% of my cases are DUIs. About 40% are DWLS cases, and 20% are other infractions. Here are my concerns about the plan announced by the SAO and Judge Slom...
THIS STRIPPER
Posted on January 14, 2009Says the only Black Circuit Judge in Hillsborough County's history has stolen from her. 48 year old Christy Yamanaka has accused Tampa Circuit Court Judge Thomas Stringer of helping her hide the proceeds of her profession. The woman claims she and the married Judge had a relationship...
COME ON IN....TAKE A SEAT
Posted on January 13, 2009UPDATE: We often opine that the ides of January are the worst time to try a case, as prosecutors and judges are busy working on their new year's resolutions to send more defendants to jail. Now come this from the Broward Blog that North of the Border Judge Ireland has confirmed that indeed her new years resolution was to send more defendants to jail...
THE REST OF MY MONTH
Posted on January 12, 2009Looks, and certainly feels like this. I know there is a light at the end of the tunnel, the problem is I have this sinking feeling it is an on-coming train. Anyone have a life preserver for a humble blogger? See you in court; swamped, overwhelmed, and feeling the heat...
NFL PLAYOFFS SUNDAY
Posted on January 11, 2009Both road teams won yesterday. One big upset (Cardnals) , and one not so big upset (Ravens) and we lost both picks yesterday (and the over bet) and are down to 974 Flaccos. Not to worry we have two games today, two next week, and one after that to finish the season with enough to buy that new boat this spring...
NFL PLAYOFFS SATURDAY
Posted on January 10, 2009We made the New Times, and we didn't even know it. Natalie O'Neill's article on the faux PD/SAO crisis is here, with our quote. And thanks to Brian Tannebaum for emailing us on this article, which escaped our attention. We're busy (see below). We start the second round of the playoffs up 1469 Gators and ready to roll...
YOUR NATIONAL CHAMPION
Posted on January 09, 2009FLORIDA GATORS TIM TEBOW MAY GET THE PRESS, BUT YOUR GATOR DEFENSE WON THE GAME, SHUTTING DOWN THE BOOMER SOONER OFFENSE.Site Feed
THOSE JOKERS AT THE 3RD DCA
Posted on January 09, 2009The above picture is on the 3rd DCA Website, courtesy of those jokers . Don't believe us? Click on the post to the link. We kid you not, the fun still continues over there- the 3rd DCA has put out an invitation to bid on renovating the lawyers' restrooms at the 3rd DCA...
WEIRD
Posted on January 07, 2009Here's a great idea. New West Palm Beach State Attorney Michael McAuliffe is proposing to use private attorneys as part time prosecutors in County Court. The Attorneys, mostly former prosecutors, would volunteer and assist in misdemeanor cases so the State Attorney can concentrate resources in Felony Court...
ATTORNEY GENERAL GRIFFIN BELL DEAD AT 90
Posted on January 06, 2009UPDATE: TRESPASS AFTER WARNING: SENATE REFUSES TO SEAT BURRIS AS MEDIA CIRCUS LOOKS ON. CLICK HERE. Griffin Bell, who served as U.S. Attorney General from 1976-1979 in the Carter administration, and was the dean of Georgia lawyers, died Monday at age 90...
COME ON IN
Posted on January 06, 2009Reports indicate that the rear entrance to the building (no smart remarks please) is now open and working after being closed for maintenance while they assisted some individuals in bringing cannons into the building. Not strictly a firearm, cannons are apparently not among the items like hairspray and nail clippers that are banned from the REGJB...
RICHARDSON AND DOLPHINS OUT
Posted on January 05, 2009UPDATE: The Herald reports here that former Miami Heat player Antoine Walker was arrested on South Beach for DUI. This is one time a basketball should have been called for traveling. The Herald also has a nice piece on Attorney Stuart Mishkin who passed away earlier this year, but for some reason we can't find it on line...
WILD CARD SUNDAY
Posted on January 04, 2009BREAKING POLITICAL NEWS: GOV. BILL RICHARDSON WITHDRAWS AS NOMINEEFOR COMMERCE SECRETARY AS A NEW MEXICO "PAY TO PLAY" SCANDAL BREAKS. ILLINOIS GOVERNOR BLAGOJEVICH ISSUES STATEMENT OF SUPPORT FOR RICHARDSON. NY TIMES ARTICLE HERE. SO YOU HAD A BAD DAY...
NFL WILD CARD SATURDAY
Posted on January 03, 2009We're up 1189 Kurt Warners as we enter the playoffs. For wild card Saturday, the Falcons play the Cardinals in Arizona. Much discussion was given to the fact that many "experts" were going to pick all 4 road teams this weekend. The Falcons are the NFC version of the Dolphins...
LABARGA GETS THE NOD
Posted on January 02, 2009Having apparently distinguished himself by virtue of his tenure on the 4th DCA (about a month) Jorge Labarga is your new Florida Supreme Court Justice. The title of the post links to the Florida AP bulletin. Careful readers will remember that the Governor just appointed Labarga, a Palm Beach circuit court judge labouring in anonymity but for his run in with attorney Gary Kollin, (click here for our post "4th DCA Brouhaha") (you'll have to scroll down for complicated reasons) to the 4th DCA, when the Governor decided to continue his fight with the JNC by asking for more (read Hispanic) names when he didn't like the list submitted for the Florida Supreme Court...
2009
Posted on January 01, 2009It was 68 perfect Florida degrees when I got off my bike this Friday morning at exactly 8:03 AM having returned from Key Biscayne. Just in case you're interested. Update: we have our first reader prediction- below.RESOLUTIONS AND PREDICTIONS FOR 2009...
SPEEDY TRIAL CRISIS?
Posted on December 31, 2008FEDS need more time to indict Blagojevich. We'll take this moment to remind US Attorney Patrick Fitzgerald: "When you strike at the King, you must kill him." Ralph Waldo Emerson. (It was either Emerson who said that, or former Judge Howie "The Mouse" Gross...
BLOGGIN NEW YEARS EVE WITH RUMPOLE
Posted on December 31, 200810-9-8-7-6-5-4-3-2-1HAPPY NEW YEAR!!!!(unfortunately 2009 was broken up into several pieces by a Hedge Fund and sold as a derivative to a German Bank that has since gone under. Therefore, unless the Congress comes up with the money for an additional bailout, we are stuck with ...
RED MASS
Posted on December 29, 2008NFL Update below:FROM WIKIPEDIA:Red Mass refers to a Mass celebrated annually in the Roman Catholic Church for judges, prosecutors, attorneys, law school professors, students, and government officials. The Mass requests guidance from the Holy Spirit for all who seek justice, and offers the opportunity to reflect on what Catholics believe is the God-given power and responsibility of all in the legal profession...
NFL WEEK SEVENTEEN
Posted on December 28, 2008Last week of the regular season and we just can't seem to stay above the 1000 mark. We lost two out of three last week and sit at 809 Penningtons. This week sees a couple of games for playoff spots and division championships. We're going to Dwayne Wade right in and pick the winners in the games that matter...
HO HO HO CHRISTMAS IN MIAMI
Posted on December 24, 2008MERRY CHRISTMAS FROM ALL YOUR FRIENDS AT YOUR FAVOURITE LITTLE BLOG. Site Feed
THE WOLF
Posted on December 23, 2008We're going to get a little "touchy-feely" and reprint something we read in Wayne Dyer's book span class="Apple-style-span" style="font-weight: bold;"span class="Apple-style-span" style="font-style: italic;""The Power of Intention."/span/span If you are unhappy in your job or life, we recommend this book to you...
4th DCA BROUHAHA
Posted on December 23, 2008The title of the post links to attorney Gary Kollin's letter to Governor Crist about his appointment of Judge Labarga to the 4th DCA. A great great choice if you like judges who hold grudges and wait to get even with lawyers they think have disrespected them...
WELCOME TO THE GLICK FAMILY BLOG
Posted on December 22, 2008span class="Apple-style-span" style="font-size:large;"divspan class="Apple-style-span" style="font-size: large;"span class="Apple-style-span" style="color: rgb(255, 0, 0);"UPDATED: /spanFirst Judge Glick's daughter wrote in, now his wife. That's OK...
NFL WEEK SIXTEEN
Posted on December 21, 2008span class="Apple-style-span" style="font-size: large;"span class="Apple-style-span" style="color: rgb(255, 102, 0);"We're up 1039 Blakes for the year, and feeling pretty good./span Let's play some more prevent defense and protect our lead. /spandivspan class="Apple-style-span" style="font-size: large;"br //span/divdivspan class="Apple-style-span" style="font-size: large;"Are the NY Giants, losers of the last two games that bad? Does losing Buress really affect the G-Men? We think not...
VERY FUNNY COMMENT
Posted on December 21, 2008span class="Apple-style-span" style="font-size: large;"Sometimes our readers just crack us up. /spandivspan class="Apple-style-span" style="font-size: large;"br //span/divdivspan class="Apple-style-span" style="font-size: large;"Like this comment on Sunday:/span/divspan class="Apple-style-span" style="font-size: large;"br //spanspan class="Apple-style-span" style="font-style: italic;"span class="Apple-style-span" style="color: rgb(51, 51, 255);"span class="Apple-style-span" style="font-size: large;"br /Fake Judge Miller said...
LET IT SNOW
Posted on December 20, 2008For some strange reason, we find ourselves reading Texas Monthly Magazine (Motto: "Texas! Proud Home State to two Presidents, but of whom screwed up a war.") more often than we would like to admit. divbr //divdivHowever, perusing articles on Cattle and Dallas and words like "y'all" sometimes yields unexpected results...
FAKED OUT- BLAKE NOT RETIRING
Posted on December 19, 2008JUDGE BLAKE IS NOT RETIRING!!!!!!! Proving just how hard it is to blog 3,000 miles away from Miami, we eat a bit of crow here and announce, much to everyone's satisfaction we may add, that Judge Stanford Blake is NOT retiring. There was an announcement on the rarely used PA system this morning...
BLAKE OUT OR FAKE OUT????
Posted on December 19, 2008Our email exploded this morning with loyal readers sending us messages from their phones in court that Judge Stan Blake has unexpectedly retired and that TODAY was his last day in court. Some readers wrote that the rarely used REGJB building wide speaker system was put into use announcing the Criminal Division's Chief Judge's retirement...
MILLER WALKS!!!!!
Posted on December 17, 2008a onblur="try {parent.deselectBloggerImageGracefully();} catch(e) {}" href="http://3.bp.blogspot.com/_CTNBIZIMR0Y/SUleYgWtVpI/AAAAAAAAAjU/b2B4Go1Jya8/s1600-h/Miller,+David.jpg"span class="Apple-style-span" style="font-size:large;"img style="cursor:pointer; cursor:hand;width: 90px; height: 125px;" src="http://3...
OFFICER WOLFINGER HAS PASSED AWAY
Posted on December 16, 2008We are receiving reports that Officer Norm Wolfinger, known to many regulars of the REGJB as a longtime DUI officer, has passed away today from self inflicted wounds. This is a sad and tragic story. Site Feed
A CRAZY VERDICT
Posted on December 15, 2008UPDATED A CRAZY VERDICT: back from vacation and fully rested, ace Herald scribe Susannah Nesmith reports on the RARE NGI (Not guilty insanity) verdict on a double murder case before Judge Adrien last week. (The title of the post links to the article...
NFL WEEK FIFTEEN
Posted on December 14, 2008UPDATE: We told you the Fins would win and we told you the Fins would not cover. And we told you that the Texans would hand the Titans their second loss of the season. Not bad. Not bad at all. And we won the Carolina under pick. We finish the day up 150 (2-0 on the picks) and +989 for the year...
ANOTHER TWIST; ANOTHER TURN
Posted on December 13, 2008Long time and careful readers of this blog will recall our reporting on the strange case of Kareem Bellamy. Bellamy was convicted of murder in New York. While serving his prison sentence, his attorneys obtained statements from one Michael Green confessing to the murders Bellamy was convicted of...
3RD DCA TAKES JUDGE LANGER TO THE WOODSHED
Posted on December 10, 2008For an old fashion spanking. (Things are breaking quickly today. There are two new posts within the last hour. So lean back, take a break, and read a bit.) We have been asked to do a regular feature where we update readers on the latest criminal decisions from the 3rd DCA...
NORM KENT DEFENDS BILL GELIN
Posted on December 10, 2008The below letter from Norm Kent appears on the Broward Blog today. We reprint it in its entirety, and add only this:Norm Kent has made a career out of kicking the butt (in litigation) of disbarred attorney Jack Thompson. We are confident he will prevail once again...
FOR SALE
Posted on December 09, 2008One State and all the accoutrements including judicial seats, senate seats, construction projects, and baseball stadiums. Inquire within. The title of the post links to the Chicago Tribune Article. Site Feed
CARS AND THE CONSTITUTION
Posted on December 09, 2008UPDATE!!! The Captain has reliably informed us that Miami Judges Kevin Emas and Gil Freeman have both made the cut and their names are among 6 being sent to Governor Crist for consideration as Florida's next Supreme Court Justice. Congrats to both. CARS AND THE CONSTITUTION:If we ever lose the bill of rights completely, it will be in a case involving a car...
WEED(ED) OUT!!!!!
Posted on December 08, 2008The one constant through all the years, Ray, has been baseball. America has rolled by like an army of steamrollers. It's been erased like a blackboard, rebuilt, and erased again. But baseball has marked the time. This field, this game, is a part of our past, Ray...
NFL WEEK FOURTEEN
Posted on December 06, 2008We're down to 379 Parcells and counting after another losing week. Miami is +1 at Buffalo. Fins playing second game indoors in two weeks. We'll take the point and the Fins +100. Green Bay is at Home against the Houston Texans. The Pack has lost their last two, while the Texans have won their last two...
KARMA
Posted on December 06, 2008DID YOU KNOW THAT SIMPSON WAS FOUND GUILTY 13 YEARS TO THE DAY THAT HE WAS ACQUITTED OF MURDER??? TALK ABOUT KARMA! Site Feed
CRIST SAYS: "NO"
Posted on December 05, 2008UPDATE: a "Ruff" First appearance in Broward for the Dunkin Donuts accused shooter. Watch the defendant bark at the judge here. UPDATE: OJ SIMPSON, ACQUITTED KILLER, convicted of armed robbery and kidnapping, has been sentenced to 16 years in prison...
TIGHT JOB MARKET
Posted on December 04, 2008CNN has this story of a Michigan State Law School grad with an LLM in Taxation (LLM in Taxation Motto: "We Love Boring Subjects") who sent out 300 resumes and received one interview. The title of the post links to the Story. Rumpole says: Lesson learned...
A COUPLE OF TOPICS
Posted on December 03, 2008Readers in the comments section sent in these two questions which are excellent topics for discussion:A Robed reader wrote:Rumps,Here is a topic deserving discussion: automatic withholds for first time offenders. Herald took Judge Thomas to task today in the Dennis Stackhouse case...
BROWARD CLOSED UNTIL MONDAY
Posted on December 02, 2008A brief question and answer session between a Miami Criminal Defense attorney and Rumpole on the effects of the Broward Courthouse being close.MCDA(Miami Criminal Defense Attorney): What does this mean for me?Rumpole: Well for starters you won't get called for a hearing on Friday afternoon and then be forced to wait until the end of calendar before your case is called...
UNDERCOVER MOTHER
Posted on December 01, 2008BREAKING BLOG NEWS: BROWARD COUNTY COURTHOUSE CLOSED TODAY !!!!!!!!! A crisis of confidence? Nope. Self imposed penance for the way they treat lawyers from Miami? Are you kidding? A burst pipe has shut down the "justice" system North of the Border...
BROWARD CLOSED TUESDAY
Posted on December 01, 2008Good morning. It's 61 degrees at 6:00 AM. The high today should be in the low 70's. FROM THE BROWARD BLOG:The Courthouse is definitely closed to the public Tuesday. However, it is open to employees. Wednesday public closure is highly likely as well...
THE BOY IN THE STRIPED PAJAMAS
Posted on November 29, 2008I saw the most amazing and disturbing film Saturday afternoon. Football seems so insignificant. The title of the post links to the review of the movie. I had been reading the reviews of the movie "The Boy In The Striped Pajamas" and decided it wasn't for me...
Holiday Madness
Posted on November 29, 2008Good morning. It was 58 degrees at 5AM this morning and 60 degrees at 6AM. A Wal Mart temporary employee in Nassau County, NY, was trampled to death on Black Friday shortly after crowds pushed down the doors at 4:55 AM. Crowds had been lining up to get into the Wal Mart as early as 9Pm the night before...
BLACK FRIDAY
Posted on November 28, 2008GOOD MORNING. It's 56 degrees in Miami at 6:00 AM. It's Black Friday. CNBC reports that there are lines around the block at Best Buys and Toys R Us in New Jersey and across the nation.Query: If there are great deals today, and it is a slow shopping season, won't there be better deals next week and next month? Miami Super Lawyer Bill Matthewman sent to us his nomination for the Sgt...
HAPPY THANKSGIVING!!!!
Posted on November 27, 2008Good morning. From 4 AM through 7 AM it was 59 degrees in Miami.CELEBRATE THANKSGIVING: SAVE A CHILD'S LIFE!! Go here and watch the video of three year old Omar who needs a new kidney to survive.Then go here to Zo's Fund for life and help Miami Heat Star Alonzo Mourning raise $250,000...
SEAN TAYLOR WAS KILLED ONE YEAR AGO TODAY
Posted on November 26, 2008It's 61 degrees this morning in Miami. It's been one year since the tragic death of Washington Redskins safety Sean Taylor. The title links to the article. I recall being in the courtroom for either the arraignment or one of the early hearings as all these attorneys from the West Coast of Florida descended upon our little building amidst the media coverage and thinking: "six months from now all these guys will be gone...
WSJ AND KUEHNE
Posted on November 25, 2008The Wall Street Journal has closely covered the Ben Kuehne case. The title of the post links to the article. Today is a travel day (for a case, not for the holidays) so I will blog when the airport has a connection and I'm not sitting on a plane. Anybody trying a case this week?We used to say that walking into one particular Judge's courtroom was an affirmation of Einstein's special relativity, because time in fact slowed down considerably...
BRRRRRrr
Posted on November 24, 2008Dolphins lost, but Rumpole had a winning week courtesy of the leg and foot of the Colts kicker.A cold front is coming through Tuesday evening dropping temperatures for Turkey day into the high 40's. Three day week in the REGJB and yet a full slate of trials...
NFL WEEK ELEVEN
Posted on November 23, 2008UPDATE: HEADING INTO SUNDAY NIGHT'S GAME we're going to be down 120, so like any good gambler we're going to try and get ahead on the next game. Colts +2.5 200 against the Chargers. Monday morning: Thank you Indy/Thank you Adam Vinateri. We finish the week +80 and +659 for the year...
BENSON WEINTRAUB ON BEN KUEHNE
Posted on November 21, 2008UPDATE: A NATIONAL BLOG IS REPORTING THAT JUDGE COOKE HAS THE MOTION TO DISMISS IN KUEHNE'S CASE SET FOR NOVEMBER 25TH. THAT WOULD BE NEXT TUESDAY. CAN ANYONE CONFIRM THIS? OUR FAVOURITE FEDERAL BLOGGER WROTE AN AMICUS BRIEF FOR THE NACDL ON THE MOTION TO DISMISSWe received this as a comment and it bears repeating on the front of the blog...
Ch ch ch changes.
Posted on November 21, 2008Step right up and spin the wheel of Judges. Who's in? Who's out? Who's about? Here it is:IN: The Hon....Mary BarzeeYvonne ColodnyJorge CuetoStacey GlickIvan FernandezRob PineiroSanchez-LlorensNushin SayfieDaryl TrawickSarah ZabelOUT: The Hon...Peter AdrienBarbara ArecesSpencer EigLeonard Glick (goodbye Lenny)M...
BEN KUEHNE FUND RAISER ON THURSDAY
Posted on November 19, 2008Update: Tomorrow we will have the unofficial-official list of Judicial Rotation for the new year. We left the Ben Kuehne fundraiser up because it's a worthy cause and everyone should go tonight. Thursday Night Football: The Steelers are 10.5 point favorites over the Bengals...
DEBATE 101
Posted on November 18, 2008Faithful blog reader BTDT says in a comment that we have the greatest system of justice in the world. Rumpole responds: Hooey. This system stinks to high hell. 1) Capital punishment. 2) Capital punishment for the mentally ill. 3) A sentencing system totally out of wack driven by Hollywood fear mongering that stirs up moronic legislatures...
NOT SO FAST
Posted on November 17, 2008We often (and loudly) trumpet the overturning of convictions of the wrongfully convicted. In fact we seem to remember doing it in the case of Kareem Bellamy of New York. Now comes word that the evidence used to free Mr. Bellamy (a tape of another individual confessing to the murder Mr...
NFL WEEK NINE
Posted on November 15, 2008Week nine sees us up a 1034 Farinas. Think about that. If you followed our advice dollar for dollar, you'd be up 1034. If you played ten dollars for every unit we wager, you'd be up $10,340.00. And don't even think about the dough you'd be rolling in if you played a C Note for every unit...
JUST ANOTHER DAY AT REGJB
Posted on November 13, 2008We get to the Justice Building today and only one of three elevators are working. Of course we have to go to the ninth floor, which is pretty much shut down because of the budget cuts. One clerk -twenty four windows, no waiting. HA!The J...E....T.......
CHIEF JUDGE NOW A TWO ROBE RACE
Posted on November 12, 2008It's not exactly Obama versus McCain, but Daily Business Review reporter Billy Shields has an article on the Ivan Fernandez versus Joel Brown race for Chief Honcho of the Eleventh Judicial Circuit (motto: "Moving into the 20th century slow and steady") ...
11th Hour 11th Day 11th Month
Posted on November 11, 2008They?ve seen things we could never imagine. They?ve done things people were not meant to do. They risked their lives so we can live in freedom.They are our veterans and today we honor them. I posted this video last year and it bears watching again. 90 Years ago today, on the 11th hour of the 11th day of the 11th month of 1918 the guns of the great war fell silent...
ISNT THIS A NICE PICTURE ?
Posted on November 10, 2008Full of hope and promise of better things to come. Lets hope Arizona wins MNF tonight by more than ten over the confused and fading San Fran Forty Niners. Even Mile Singletary yelling and mooning his team isn't enough for that woeful bunch o-niners. Lets hope 100 Bushes that we are right...
VP "WACK JOB"
Posted on November 10, 2008Just how dysfunctional would a McCain presidency have been with a "wack job" for a VP? Click the title to this post to find out. The term "wack job" came from McCain campaign officials, and the article details an out of control candidate spending 150K on clothes when she was given a budget of 20-25 thousand...
NFL WEEK TEN
Posted on November 08, 2008We start week 10 up 599 Obamas, which is good but not great after losing two of three picks last week. The Dolphins are -9 at home. -9! The last time the Fins were favored by so many points we were doing polling for....well never mind about that for now, but -9 is quite a compliment to the revitalized Dolphins...
ALL RISE
Posted on November 07, 2008The Honorable Judge Kevin Emas, who was this close to being our next Justice Of the Florida Supreme Court has taken the time to write in in support of Judicial Conferences. This was emailed to us and printed in it's entirety. 1. Can?t We Cancel a Conference and Save Some Jobs? The monies used to fund judicial education cannot be used to pay salaries...
JUDICIAL CONFERENCE CONTRETEMPS!!!
Posted on November 07, 2008Judicial conferences, those shrimp cocktail and margarita fueled meetings in which Judges from around the state gather together to share stories (...." and then I said 'I don't care if you're getting married on Saturday and leaving on a honeymoon on Sunday, this grand theft is going to trial on Monday!' hahahahha!") are now under the gun in light of Florida's financial crisis:A reader wrote in:Channel 7 reported of two judicial conferences being scheduled before the end of the year...
FORMER FBI AGENT CONNOLLY GUILTY
Posted on November 06, 2008Miami jurors ended a murder case twenty six years in the making as they convicted former FBI Agent John Connolly of second degree murder Thursday afternoon for the 1992 killing of Jai Alia executive John Callahan.Connolly was acquitted of conspiracy to commit first degree murder...
THOUGHTS ON THE ELECTION
Posted on November 05, 2008Does this election represent the historical electoral re-alignment that occurred 1964 and 1980? How does 2008 compare to Johnson's landslide election in 1964, which in turn set the stage for Reagan's landslide election in 1980, which then set the stage for the Republican domination of State and national politics for the last 28 years...
OBAMA / BIDEN WIN
Posted on November 05, 2008We wrote this at about 7PM Tuesday night. We have the ability to schedule posts even when we are not at our computer. Either we will be correct or this is another Dewey/Truman headline. Not likely. Martin Luther King said these words in a speech the day before he was killed:Like anybody, I would like to live a long life...
11PM UPDATE
Posted on November 04, 2008NBC NEWS CALLS OBAMA NEXT PRESIDENT OF THE US AT 11PM EST. Bush calls cabinet into emergency session. Declares he will not leave presidency until Bin Laden captured or Cubs win World Series. Cheney declares martial law and orders vote counting suspended...
10pm
Posted on November 04, 2008OBAMA WINS NEW MEXICO. See below. Assume McCain wins all close states left: Florida, Montana, Iowa, Virginia, North Carolina, Nevada, and Iowa: That brings McCain to 266. Obama cannot lose California, Oregon, Washington State, and Hawaii. So folks, with Ohio being the only Republican state that Obama needed, he's got it...
9PM UPDATE
Posted on November 04, 2008OBAMA TAKES OHIO. First Republican state to fall to Obama. And that's a wrap folks. Ohio was the difference in 2004. Kerry would be running for re-election if Bush/Rove didn't steal the vote in Ohio in 2004. Look at the Map- what Democratic states that total more than 20 electoral votes is McCain close to winning? None...
8PM UPDATE
Posted on November 04, 2008Obama is losing the republican areas of Indiana by a much closer margin than Kerry did in 2004. Ditto for the Republican areas of Ohio. OBAMA TAKES PENNSYLVANIA ; ILLINOIS, NEW JERSEY; MASSACHUSETTS; MARYLANDCONNECTICUT; NEW HAMPSHIRE; MAINE; DELAWARE; DISTRICT OF COLUMBIA; OBAMA HAS 103 ELECTORAL VOTES...
44
Posted on November 04, 2008UPDATE- THINGS WILL START MOVING QUICKLY AT 7PM. WE WILL BE OUT OF TOUCH UNTIL 7:30- CHECK FOR FIRST UPDATE BY 8PM. THIS WILL ALL BE OVER QUICKLY.44. The Reggie Jackson President. Today we elect the 44th President of the United States. Barak Obama will be the 44th President of the US, and he will be declared the winner sometime between 9:01 and 10:01 PM...
AN AMERICAN EXPERIENCE
Posted on November 03, 2008It was pre-dawn and the line for our polling place snaked around the block. Armed with a Starbucks Cafe Americano (one pump vanilla) the NY Times, and a novel, we joined the crowd. An elderly couple in their 80's ambled up. The man pulled out a small folding chair and sat down...
NFL WEEK NINE
Posted on November 02, 2008After a monster week (a little Halloween humor) we find ourselves up 829 McCain's heading into election week. Working our new matrix regression towards the mean yields these games:Colts -5.5 over the visiting Patriots. We said at the start of the season that the Colts would not win their division, and they won't...
CAN SOMEBODY EXPLAIN TO ME.....
Posted on October 30, 2008Why the Federal Reserve cut rates yesterday? The move pumps money into the economy. The lower rates frees up money for banks to lend more money to small businesses and and individuals. Cheaper rates allow the banks to loans to less credit worthy applicants, because the cost of the loan is cheaper...
GOODBYE JOE
Posted on October 29, 2008Wednesday: It's nice and cold again this morning. Our Favourite Federal Blogger has attacked us in a scathing front page frothing at the mouth fusillade full throated defense of Brendan Sullivan. Apparently Mr. Markus learned everything you need to know about waving your arms in closing from his former boss...
Brrrrrrr
Posted on October 28, 2008Our first cold day of the Fall season. Wouldn't it have been great if the cold front had arrived Sunday morning? A crisp cool Sunday afternoon at Dolphin stadium, with brats and wings on the grill would have been a perfect compliment to that great Fin win...
DAVID STERN FUNERAL TODAY
Posted on October 27, 2008From the Herald Obituary:STERN, DAVID B., 53. Passed away peacefully at home on 10/24/2008. David was born to Andrew and Eva Stern on 12/11/1954 in Cleveland, Ohio. David moved to Miami in 1988 to work as a Miami- Dade County Assistant State Attorney under Janet Reno...
NFL WEEK EIGHT
Posted on October 26, 2008Very touching and poignant comments remembering former ASA David Stern from yesterday's post. Go read them. It will make you feel better. The half way point of the NFL season. We're up 484 for the year, but after two losing weeks, we're hanging on. That's why when you're down, and really need help, look inward...
FORMER ASA DAVID STERN HAS PASSED AWAY
Posted on October 25, 2008Sad news once again. Former Assistant State Attorney David Stern, well known to all of us who practiced in the REGJB through the late 1980's and 1990's has passed away after a long and very brave battle with cancer. We received the email from his friend Dan Lurvey informing us of this news...
THE NY TIMES ENDORSES OBAMA
Posted on October 24, 2008The title links to the full endorsement.Mr. Obama has met challenge after challenge, growing as a leader and putting real flesh on his early promises of hope and change. He has shown a cool head and sound judgment. We believe he has the will and the ability to forge the broad political consensus that is essential to finding solutions to this nation?s problems...
SAFE FAX
Posted on October 23, 2008UPDATE: A COMMENT ARRIVED WITH SAD NEWS:Hi Rump, I hope you can relay this sad news to the legal community. Stephanie Feldman, former ASA, a just a great person passed away this week. Stephanie had melanoma.And here is Ms. Nesmith's article on the race for the Clerk's office...
GENERAL POWELL SPEAKS
Posted on October 23, 2008Kareem Rashad Sultan Khan is a Muslim. He was killed in Iraq. One small important fact may change how you think of him. Kareen Rashad Sultan Khan was an American Solider killed in the line of duty. He received the purple heart and the bronze star. General Collin Powell saw a picture in the New Yorker magazine of Kareem Rashad Sultan Khan's mother with her face pressed up against the gravestone of her twenty year old son who will never turn twenty one...
FAX FIGHT- BEST OF
Posted on October 22, 2008Some of the best comments from the comments sections by our readers about the Fax fight between Judge David Miller and Judge Maria Espinosa Dennis:judges sepe, shenberg and gelber said...We have all gotten together because this brings shame and dishonor on the Dade Judiciary and we are all individually and collectively appalled...
BATTERY SHE CRIED
Posted on October 21, 2008Now we're getting somewhere. Whenever things are slow, we can count on our beloved robed readers to say or do something (stupid) and save the day. Miami Circuit Court Judge Maria Dennis claims she was battered by Circuit Judge David Miller in a fracas over a faulty fax machine...
IN DEFENSE OF DOUG CHUMBLEY
Posted on October 20, 2008We received this email from FACDL member and Miami Lawyer Roy Wasson. It's worth reading:As those of you from South Florida know, circuit judge Doug Chumbley resigned last week as part of a plea deal after being accused of indecent exposure in a men?s restroom on the U...
WHEN CHARACTER WAS KING
Posted on October 20, 2008We've criticised the Republican presidential ticket. But apparently we aren't the only ones to note the problems on the right. You want to know what Reagan conservatives think of VP Nominee Sarah Palin? You don't have to take it from us that Palin is a know-nothing caricature of a candidate...
REMOVAL
Posted on October 20, 2008I was asked, and I agreed, to remove the last post which was written by someone else in defense of Douglas Chumbley. The comments were very favorable and well intentioned. However, they had unintended side effects and the author requested I remove them...
NFL WEEK SEVEN
Posted on October 19, 2008We cannot find a game/matchup/line that we really like this week. But we like these two over plays. Cleveland/ Washington over 42.5. 150. Bills/Chargers. Over 44. +150.NEW SUICIDE POOL CHAMP. The new champ blog reader and high powered criminal defense lawyer, with offices in Broward AND Washington DC: CARY MARTIN CLENNON, ESQ...
THE CAPTAIN REPORTS.......ELECTION
Posted on October 16, 2008THE CAPTAIN REPORTS.......ELECTION UPDATE AND OTHER THOUGHTS:We are T-Minus 96 hours until the start of voting here in the State of Florida and early voting has already begun in several states. In 19 days, we will know who will lead our country for the next four years...
JUDGE CHARGED WITH CRIME
Posted on October 16, 2008It is with sadness that we report that Judge Douglas Chumbley has been charged with a misdemeanor. The title of the post links to the clerk website. Judge Chumbley abruptly resigned earlier this week, and now we know why.There is no joy here. We are all human beings...
BUSINESS FOR US ALL
Posted on October 16, 2008The title links to the NY Times article stating that the majority of mortgage fraud cases brought by the Justice Department have been in South Florida. On behalf of all the defense attorneys in Miami, let us be the first to say to the DOJ: "THANK YOU...
IN DA HOUSE?
Posted on October 14, 2008Rumors were running rampant that famed undercover agent Donnie Brasco a/k/a Joseph Pistone was testifying or scheduled to testify before Judge Blake today in the murder trial of a Jai Alai Executive. A "turncoat" "disgraced" former FBI agent stands accused...
WHAT CAN WE DO?
Posted on October 13, 2008UPDATE BELOW. Re-posted from Saturday because this is a crisis.Saturday morning. A beautiful Florida fall day. A leisurely bike ride over to the Key and then back to our favourite Starbucks. A cafe americana with one pump of vanilla and an egg sandwich and the NY Times...
TUESDAY AND WE'RE BACK!!!!!
Posted on October 13, 2008First, please read our post from yesterday and this weekend about the crisis of children starving in the Sudan. Now is the time to stand up an do something. Second, congratulations to our new suicide pool champ: Surph. We have invited surph to go public so we can give him/her their just due, as well as some prizes we have...
NFL WEEL 6
Posted on October 12, 2008We start week six up a very respectable 740. What to do, what to do?We like the Texans at home -3 and the under 45 against our Dolphins. Sorry Fins, it's strictly business. Texans -3 +100 and under 45 +100. In fact, lets do an "IF" bet. IF Texans -3 (100) THEN under 45...
LETS GO TO TRIAL
Posted on October 10, 2008UPDATE: ALASKA REPORT INDICATES GOV PALIN ABUSED HER POWERS. The NY Times article is here. The issue is not that she did this, it is that she is so simple minded that a petty dispute with a former brother-in-law occupied so much of her time. It is because she is not a deep thinker and does not view her office or any office other than a means to a personal end...
ELECTION UPDATE
Posted on October 09, 2008Here's where we see the Presidential election so far:McCain is sitting solid on 201 electoral votes (Texas, Oklahoma, Kansas, Nebraska, North and South Dakota, Wyoming, Montana, Idaho, Utah, Arizona, Kentucky, Tennessee, Mississippi, Alabama, Georgia, South Carolina...
FIRST CRACK IN THE SYSTEM
Posted on October 08, 2008Sometimes all it takes is one man or woman to stand up and say "no, this is wrong. I won't do it."Judge Thomas Remington of Okaloosa County is apparently that type of man. Presented with a plea deal in which a young woman with no prior record was going to enter a plea requiring him to impose the 25 year minimum mandatory for possession of hyrdocodone, the Judge said "no...
HELP WANTED
Posted on October 06, 2008Former football phenom seeks appellate attorney, preferably one licensed in Nevada. "If you can write a brief in rhyme- it might just be the right time.Because I didn't rob those guys. And I didn't bring a gun. And I need to get outBecause Jail is no fun...
FIRST MONDAY IN OCTOBER
Posted on October 06, 2008UPDATE: First we fixed the links in the post. Sorry for the problems. The links work. Second, why not take a flyer on the over 47 tonight? 50 Tobins on the over. Just for fun. Minnesota (don't cha know) at the Big Easy.OYEZ OYEZ The US Supreme Court is in session, just in time to steal another election if the Republicans need a little boost on November 5...
NFL WEEK FIVE
Posted on October 04, 2008UPDATE: DOLPHINS WIN!!!! And the total was under. Why don't I listen to myself? I wrote at the beginning of the season to bet the under until you couldn't store any more cash. Anyway, we won our Giants bet for 75 and we won our under bet in the Denver/Tampa game (easiest bet of the day) for 150 so that is a +225 and then we lost our sucker teaser bet when the Fins went under 36...
KARMA
Posted on October 04, 2008UPDATE: IF YOU ARE HAVING TROUBLE READING THE POSTS- IF THE SIDE BAR RUNS INTO THE POST, TRY ADJUSTING YOUR FONT SIZE, AS THAT MAKES ALL THE DIFFERENCE. Proving that if he doesn't have Johnny Cochran to rhymeOJ will do the timeOJ Simpson was convicted on Friday of all 12 charges...
THE ARMY OF THE POTOMAC AND SARAH PALIN
Posted on October 03, 2008Governor Palin had a high school flashback when she repeatedly referred to the Commanding General in Afghanistan as "General McClellan". General McClellan, as history buffs will remember, was the commander of the Army of Potomac who promised President Lincoln so much, and to Lincoln's frustration, did so little, during the opening year of the Civil War...
WHY JURORS SHOULD KNOW THE PENALTY
Posted on October 02, 2008DEBATE UPDATE: TAKE BIDEN - 14.5. Yes, two touchdowns is a lot of points to give up. But this is like the Redskins playing FIU. One of them doesn't belong in the arena (hint: she's from Alaska.)The Miami Herald has the story of three federal jurors who were "intimidated" into a guilty verdict on the gun counts...
5 Friends Uncensored
Posted on October 02, 2008PLEASE WATCH THIS AND DO NOT UNDER ANY CIRCUMSTANCES VOTE IN THE PRESIDENTIAL ELECTION!!!!Hollywood, CA Friends Of Rumpole. Site Feed
TOUGH TIMES AND TRANSMOGRIFIED TIPS
Posted on October 01, 2008OUR NEWEST SUPREME COURT JUSTICE: JUDGE RICKY POLSTON OF THE FIRST DCALawyers delivering pizzas, tending bar, working as doormen or construction workers. Tough times are here for the legal profession. Coming out of law school tens of thousands of dollars in debt with the myth of 150K jobs disappearing and being replaced with $38,500...
DEATH AND FUNERALS
Posted on September 29, 2008Judge Shelly Schwartz writes below about the late Judge Michael Salmon. Herald Reporter Oh Susannah Nesmith writes looking for information about the late Judge Joe Eaton. And the Republicans killed the economy and the stock market today.By Shelly Schwartz Sunday, September 28, 2008 10:36:00 PM "Judge Michael Salmon was one if not the best judge to serve Miami Dade County in at least the past 40 years...
NFL WEEK FOUR
Posted on September 28, 2008After a nice Caymus Cabernet 2005 Special Reserve (being up 570 after three weeks helps with the price) , we tender these NFL picks for week four. Gotta love the battle of Ohio. McCain vs. Obama. Bungles vs. Brownies. Someone, anyone, is coming out of this game with a win...
NOBODY WAS COOLER
Posted on September 27, 2008Cool hand Luke. Fast Eddie Felson. Nobody was cooler. A true superstar with a conscience. Paul Newman passed away today at age 83. Nominated for 10 academy awards, he won the Oscar for his reprisal of Fast Eddie Felson in the Color Of Money.Suicide Pool...
JUDGE MICHAEL SALMON HAS PASSED AWAY
Posted on September 26, 2008I cannot tell you how sad I am to learn of the news that JudgeMichael Salmon has passed away. He was a lawyer's judge. Extremely smart. Very well read in the law and in other areas. In all of the time I appeared before him, and the several trials I had with him, I don't think I ever saw him lose his temper...
JACK THOMPSON DISBARRED FOR LIFE
Posted on September 25, 2008BREAKING BLOG NEWS: FDIC SEIZES WASHINGTON MUTUAL AND SELLS ASSETS TO JP MORGAN. LARGEST BANK FAILURE IN US HISTORY. Very strange. FDIC usually seizes banks Friday afternoons so they have all weekend to work on the books. Our sources tell us the WAMU top brass were not even told when the FDIC seizure went into effect...
4th ORDERS LEVEY BACK ON BALLOT
Posted on September 24, 2008DOWN GOES DIJOLS. DOWN GOES DIJOLS. (thanks to Howard Cosell for his "down goes Frazier ...down goes Frazier" call in the historic Frazier/Foreman fight.). The title links to the 4th DCA opinion ruling that Mardi Anne Levey Cohen (add favorable name here) shall be restored to the ballot for the upcoming judicial election...
A ROSE BY ANY OTHER NAME
Posted on September 23, 2008It seems that Broward Judicial Candidate Mardi Anne Levey a/k/a Mardi Levet Cohen has found much to her chagrin "tis but thy name that is my enemy."The title links to Judge Dijols's response to Levey/Cohen's request for an injunction. The response was filed with the 4th DCA and it is a powerful blast against Levey/Cohen's name games...
TRIALS
Posted on September 23, 2008Former FBI Agent John Connolly's trial has heated up with the testimony of Southie Hood Stevie "The rifleman" Flemmi, who is serving life in prison for various crimes. The Herald's David Ovallee reported on the trial here. Meanwhile in Orlando, defense experts continued to testify about the delusional world teenage killer Michael Hernandez lived in...
MNF
Posted on September 22, 2008We're -37.50 for the week. We won our Giants over for +100 and lost Steelers (boy did their offense get hammered) and Green Bay for a -125 +10% for a -137.50. Our week is riding on the over 43 for the JETS/Chargers game. Lets press the 50 to +100 over 43...
AT SEA
Posted on September 22, 2008We've used the Dolphins road trip this week to spend some time on our boat and hop over the Bahamas. The Florida September sky is so deep blue, and the warm sun has just a glint of the coolness that our small fall will bring. What we like to do is just turn off the engine and float...
FOOTBALL WEEK THREE
Posted on September 20, 2008We're up $507.50 for the year, and now things are tough. Some nice games this weekend, including Cowpokes at Green Bay and Steelers at Eagles. The Monday night game is the J..E...T...S at San Diego. Lots of things to worry about in this game, including the health of LT...
SCARY
Posted on September 20, 2008Just how close was the world wide financial system to a total collapse? Closer than anyone knew. The title to the post links to the article. From the Article:?When you listened to him (Treasury Secretary Paulson) describe it you gulped," said Senator Charles E...
BLAKE BOFFO IN BEANTOWN
Posted on September 18, 2008The title of the post links to a Boston Globe article praising Judge Stan Blake for his courtroom humor and how he is running the trial of former FBI agent John Connolly. Why doesn't Judge Blake have his own TV show?We hope he stays right here.Anyone have updates on the trial?Meanwhile, here is Bob Norman's Broward New Times Article on newly elected Judge Ian Richards...
AND THE HORSE YOU RODE IN ON
Posted on September 17, 2008More on the Richard Feder ruling on the Broward fiasco. The title links to the Herald Article. To summarize, Judge Feder came out of retirement and granted Judge Dijols's motion to throw Candidate Mardi Levey (legal term: "chuck-off") off the Broward Ballot for the upcoming run-off election...
THREE TRIALS
Posted on September 17, 2008UPDATE!!!! JUDGE FEDER Of MIAMI ORDERS CANDIDATE LEVY STRICKEN FROM BROWARD BALLOT IN ELECTION RUN-OFF. JUDGE DIJOLS BACK ON BALLOT. BREAKING NEWS. CHECK THE BROWARD BLOG FOR THE LATEST. The Herald article is here. We note the irony of a Broward judge having to come to Dade for Justice...
JAZZING UP THE BENCH
Posted on September 16, 2008Didn't our late great Judge Alfred Nesbitt start it all with his blue robes?The title to the post links to the NY Times articles on the sartorial splendor of Judges. The greatest Judge we ever met, and he really is the dean of all trial Judges in the US- a Judge's Judge if there ever was one, was Jack Weinstein of the Eastern District of NY...
SUICIDE POOL- IT WASN'T PRETTY
Posted on September 16, 2008Wow did week two clean house. So many lawyers went down it looked like a Wall Street firm last Friday. Clay Kaiser, last years runner up went down with the J..E..T..S.Shumie Time met a similar fate with the same team. The Q was sunk when the Titans creamed the Bengals, and Iffy and his "iffy" KC Chiefs lost to the Raiders...
SHE'S NOT READY
Posted on September 15, 2008To lead. Or even intelligently talk about the problems we face. That is the Op Ed piece of Bob Herbert in the NY Times this past weekend. The title links to the piece. Asked about her insight into Russia- Palin responded that she could see Russia from an island in Alaska...
NFL SUNDAY WEEK TWO
Posted on September 14, 20087-1 last week. Up more than the entire payroll of ROC, (422.50) is it time cash in or let it ride? As Sy used to say, we'll rest when we're dead. Rest in peace old friend. Buffalo Bills roll into Jag land and play the Jaguars in Jacksonville. Are these surprising Bills for real? The line is Jax -6, so we put +50 on the Bills to at least keep it close, and possibly downright win the game...
Suicide pool for tomorrow
Posted on September 13, 2008NFL Cancels Texans-Ravens game, as the roof of Reliant Stadium was damaged by Ike. Right now we cannot confirm the rumor Judge Blake has volunteered the ROC Lawyers to play against the combined Ravens/Texans- in a practice scrimmage at the Orange Bowl grounds...
BEACH COP MACIAS GUILTY
Posted on September 12, 2008The Herald reports that Miami Beach officer Eduardo Macias has pled no contest to battery for groping a female he had arrested for DUI. IA got involved in the case when the female came forward and said Macias gave her his phone number. She called Macias and set up a meeting that was recorded by IA...
ROSENBERGS GUILTY?
Posted on September 12, 2008BREAKING BLOG NEWS??? WHOA NELLY. A reader reports the 3rd DCA just stayed Judge Blake's order giving all the third degree felony cases in the United States to the three attorneys and two high school students who Rock-n-Roll for ROC. Say it ain't so Joe!!!Decades and Decades ago we stumbled across a book on the trial of accused Russian spies Ethel And Julius Rosenberg...
WE NEVER FORGET
Posted on September 11, 2008"But, in a larger sense, we can not dedicate -- we can not consecrate -- we can not hallow -- this ground. The brave men, living and dead, who struggled here, have consecrated it, far above our poor power to add or detract. The world will little note, nor long remember what we say here, but it can never forget what they did here...
THE CAPTAIN REPORTS:ELECTION UPDATE
Posted on September 10, 2008THE CAPTAIN REPORTS:ELECTION UPDATE ..........On the national front, eight weeks from today we will know who will be the 44th President of the United States.On the local front, we have one open Circuit Court seat that will be decided by the voters in November: a runoff election between Steve Millan and Yvonne Colodny...
ONLY NORTH OF THE BORDER
Posted on September 09, 2008UPDATE: DBR INSIDER BLOG TAKES CHEAP SHOT AT OUR FACDL PRESIDENT HERE. Embattled Broward Circuit Court Judge Pedro Dijols- he of the third place finish in the most recent Judicial Election- is suing the second place finisher-Mardi Levy- to have her name removed from the ballot this fall in the runoff election...
THE CHIEF JUSTICE MADE ME DO IT!!!!!
Posted on September 08, 2008A JUSTICE BUILDING BLOG EXCLUSIVEWe have exclusively learned that none other than US Supreme Court Chief Justice John Roberts, in Gainsville for the Gator/Canes game this weekend had Rick Freedman change his suicide pool pick from the Chargers to the Patriots, as the CJ was convinced that the Carolina Panthers had a legitimate shot to win the game and beat the Chargers (which in fact they did on the last play of the game...
SUNDAY WEEK ONE RECAP
Posted on September 07, 2008Someone once said "it ain't braggin if you can do it." or something like that. We started the first Sunday up 125 by virtue of the Giants and under this past Thursday.J..E...T..S..-3 over Fins. (+150)Bills over Seahawks. (+100)Upset special of the week, month, and maybe the year: Titans and the money line to beat the Jags outright...
NFL WEEK ONE 2008
Posted on September 06, 2008Welcome back to the JBB's fabulous football prognostications. People pay good money for these picks, but for you, our dear readers it's free (which should comfort our robed readers who gravitate to free like Raven (and former Cane) Middle Linebacker Ray Lewis to Quarterbacks)...
SUICIDE IS PAINLESS
Posted on September 05, 2008"It brings on many changes....." Name the Movie/show that song was used for.IKE'S PATH PROJECTED SOUTH OF MIAMI- KEYS NOW IN PREDICTED PATH. PANHANDLE AND GULF COAST ALSO NEED TO BE CONCERNED. STAY TUNED.It's not too late to sign up for our suicide pool...
TGIF
Posted on September 04, 2008IKE IN THE SKY KEEPS ON TURNING. The weekend will bring the news as to whether we have more to worry about. We will keep you updated. NOT A BAD WAY TO START THE SEASON- 2-0Both our Thursday nights picks were winners: Giants -4 (+100) and under 40 (+25)...
NFL PREDICTIONS
Posted on September 04, 2008EMAIL US YOUR PICKS FOR THE SUICIDE POOL. READ YESTERDAY'S POST FOR RULES AND DETAILS. Before we start with the important stuff, we love this line, from the Broward Blog, applauding the establishment of a permanent Judge to handle bond hearings (denied) and first appearances North Of the Border: "The blank, scared stares of the civil division judges will now be confined to weekends only...
DISCHARGED!!!
Posted on September 03, 2008SUICIDE POOL: IT STARTS THURSDAY WITH THE GIANTS -REDSKINS GAME. IF YOU WANT EITHER OF THOSE TEAMS EMAIL US BEFORE GAME TIME. OTHERWISE YOU HAVE UNTIL SUNDAY 12 NOON FOR THE POOL. Here's how it works: pick one team each week to win. No points. Straight up...
CNN: Tucker Bounds On Palin Foreign Policy Experience
Posted on September 02, 2008CNN's Campbell Brown takes McCain spokesman Tucker Bound to school and asks and asks and asks Bound to explain what foreign policy Governor Palin has if something happens to McCain. Bound says Palin was commander in chief of the Alaska National Guard...
WE DON'T LIKE IKE
Posted on September 02, 2008UPDATE: JOSEPHINE. WELCOME TO THE PARTYIKE'S PATH?WWII not withstanding.....Just remember what the government scientists say: "There is no global warming. Al Gore is a kook. There is no global warming. Al Gore is a kook."If you repeat it long enough when you have nothing else to do (like when you're sitting in a dark house with no power because one of the dozen of killer hurricanes that have nothing to do with global warming have finally struck you down) then you may in fact one day believe it- despite all the evidence to the contrary...
GUESS WHO'S COMING TO DINNER?
Posted on September 01, 2008UPDATE: Palin hires legal counsel in "Trooper-gate" probe. See below.The 17 year old unmarried daughter of putative Republican Vice Presidential Candidate Sarah Palin is .....omg.....pregnant!!!The title links to the NY Times article.Talk about lack of family values...
MCCAIN'S PICK
Posted on September 01, 2008We've been thinking a lot about McCain's pick for Vice President. In another life at another time a long time ago, we worked on a campaign that made a decision for Vice President. In the end we have decided that there is nothing bold about McCain's pick...
STORMY WEATHER
Posted on August 30, 2008Two Labor Day Weekend storms bear down on Cuba and the United States.Gustav batters Cuba Saturday morning before heading into the Gulf where it's expected to gain strength and then strike somewhere on the Gulf coast. We can all rest assured that the President and his disaster team will react with the same alacrity and professionalism that made us all proud of the Government's rescue efforts after hurricane Katrina...
WINNERS. LOSERS. AND WHINERS.
Posted on August 29, 2008UPDATE: TS HANNA TO MAKE A LEFT TURN EARLIER THAN EXPECTED AND SOUTH FLORIDA NOW IN CONE OF UNCERTAINTY.The worst part of this is the Republicans crowing about this is what happens when you move to the left instead of the right. We'll keep you updated throughout the weekend...
THE DREAM FULFILLED
Posted on August 28, 2008UPDATE: CRIST APPOINTS 2nd DCA JUDGE CANADY TO FLA SUPREME COURTForty Five years ago today, August 28, 1963, Dr. Martin Luther King was introduced at the Mall in Washington as "The Moral leader of our nation."Dr. King began his remarks by stating he believed he was speaking at the "greatest demonstration for freedom in the history of our nation...
AFTERMATH
Posted on August 27, 2008Congratulations to our new Judges, and congratulations to Judges Bernie Shapiro Jerri-Beth Cohen and Norma Lindsey in retaining their seats. We are especially pleased for Bernie Shapiro because he is a well respected Judge who did not deserve opposition...
THE MAN IN THE ARENA
Posted on August 27, 2008Today the votes have been counted. The winners celebrate a future bright, while the losers face a new day, haggard from a sleepless night contemplating what might have been. For all those who were "In the arena" we re-run what has become a tradition on this blog- that portion of Teddy Roosevelt's famous "Man in the Arena" speech first given by our 26th President on April 23, 1910 at the Sorbonne, Paris, France, that deals with defeat...
THE CAPTAIN REPORTS:"The right
Posted on August 26, 2008THE CAPTAIN REPORTS:"The right of citizens of the United States to vote should not be denied or abridged by the United States or by any State on account of sex."On August 26, 1920, 88 years ago today, the 19th Amendment to the United States Constitution became law...
1:00 am ELECTION UPDATE
Posted on August 26, 2008THE CAPTAIN REPORTS:VOTING RETURNS - 1:00 amREAL TIME UPDATESMIAMI DADE ELECTIONS Things look bleak for Chumbly. I think at 9:35 you can safely say that races that are at 55-45 will probably stay that way. The candidate that has benefited the most from the returns in the south is Stacy Glick...
DEMOCRACY IN ACTION
Posted on August 26, 2008I never made it to Denver so I voted this morning. Apparently I am on some blogger watch list at the airport. I declined the invitation of a very large man named Stanley to do a cavity search prior to boarding the aircraft. So I decided watching the convention on CNBC was good enough, and as I headed back from the airport, I decided to vote...
VOTE!!!
Posted on August 25, 2008Tomorrow/Today is election day in Dade County. There are several judicial races that will directly impact the readers of this blog. Unlike in past years, we have refrained from making endorsements, primarily because we don't know most of the candidates, and quite frankly, the choices are demoralizing at best...
RENAME THE E.R. GRAHAM
Posted on August 24, 2008She remains the finest prosecutor any of us will ever encounter. She inspired a generation of prosecutors and lawyers by giving them simple and heartfelt instructions: "go where the facts and evidence take you and do what's right." As a lawyer, State Attorney and Attorney General of the United States she always did her "level best" to do the job right...
THE CAPTAIN REPORTS:IT'S BIDEN.
Posted on August 23, 2008THE CAPTAIN REPORTS:IT'S BIDEN. BARACK OBAMA HAS CHOSEN DELEWARE SENATOR JOSEPH BIDEN AS HIS RUNNING MATE.THE TICKET READS: OBAMA/BIDEN.CAPTAIN OUT .........Site Feed
ARE YOU READY FOR SOME
Posted on August 22, 2008FOOTBALL? We are! THE SUICIDE POOL, YEAR II:Remember the excitement of last year's suicide pool, won by your humble blogger Rumpole? We defeated CK deep into the season and we look forward to a rematch. Just shoot us an email and you are in. The rules are you need to pick one team, no point spread, to win each week, and once you use that team you cannot use it any longer for the rest of the year...
CHINA SENTENCES TWO ELDERY WOMEN TO RE-EDUCATION CAMP
Posted on August 20, 2008Two elderly (ages 77 & 79) women attempted a protest during the olympic games. They have been sentenced by the government of China to a re-education camp. The title links to the NY Times Article. We guess any government that is not muslim is OK with the Bush administration...
THE CAPTAIN REPORTS:Over the course
Posted on August 19, 2008THE CAPTAIN REPORTS:Over the course of the next two weeks, two of the most important decisions in American political history will take place.Never before have the choices for Vice President had the probability of impacting our lives as directly as they do for us today...
COURT IS CLOSED MONDAY
Posted on August 17, 2008THE TITLE LINKS TO MIAMI DADE GOV EMERGENCY MANAGEMENT WEBSITE WHICH STATES THAT COURT IS CLOSED MONDAYOf course the 11th Judicial Circuit website here has not mention of this. Another example of our efficient court system at work. People who want to know what to do tomorrow regarding court would naturally go to the 11th Judicial Circuit website, which apparently is updated as frequently as the president is on world affairs ("The Russians invaded Georgia? Those boys in Atlanta won't stand for this...
THE LONG GOODBYE
Posted on August 16, 2008Judge Rosinek was back in the REGJB Friday presiding over his last Drug Court graduation as a Judge. It was by all accounts a wonderful afternoon in the big courtroom on the fourth floor. It is bittersweet to see someone who has done this community so good leave us, and yet his retirement is well deserved...
THE CAPTAIN REPORTS:ELECTION UPDATE
Posted on August 14, 2008THE CAPTAIN REPORTS:ELECTION UPDATE ....The first week of early voting ends tomorrow and you can still vote through next weekend without having to stand in line on Tuesday, August 26, 2008. Don't forget to exercise your right to vote; we could have as many as nine new judges on the bench come January...
RUSKIES IN TROUBLE NOW
Posted on August 13, 2008UPDATE: THE DBR ARTICLE ON THE CABA JUDICIAL POLL:Judge Chumbley gets top marks, Judge Jeri Cohen not so bueno.The NY Times reports that our fearless and feckless president has decided to punish Russia by sic-ing Condi Rice on them. Plus he's sending "aid" to Georgia, including a shipment of spare exercise bicycles he no longer uses, and DVD's of the best of Donald Rumsfeld...
AUGUST DOLDRUMS
Posted on August 12, 2008There's just not a lot going on. Is it me, or is our president positively Jimmy Carterish in his dealings with the Russians this week? I mean, he can't do anything other than shake his finger at them and accuse them of violating international law. And if that is not the Texas pot calling the kettle black, then I don't know what is...
THE GOSPEL
Posted on August 10, 2008ACCORDING TO THE BOSS- BRUCE SPRINGSTEEN. Here's what we're reading this summer: The Gospel According to Bruce Springsteen: Rock and Redemption from Asbury Park to Magic.The Link is to the NPR story this morning. This may be a town for losers, but I'm not pulling out of here to win...
CHAD-STER!!!!!
Posted on August 09, 2008(send me your tired, your weak, your washed up and injured and "on the way out" veterans)The Fins sign Chad Pennington, late of the NY Jets who just signed Brett Favre. The title links to the Yahoo sports article. The Dolphins now have an estimated 64 quarterbacks in camp, with the number expected to rise over the weekend as other teams begin cutting QBs...
NEW FINGERPRINT TECHNOLOGY
Posted on August 07, 2008The NY Times reports (the title links to the article) on an article in the Journal Of Science in which mass spectrometry can now identify what a fingerprint was touching prior to leaving the print. The article details controlled experiments in which latents were left with cocaine, the explosive RDX and other chemicals...
THE CAPTAIN REPORTS:CAMPAIGN UPDATE
Posted on August 06, 2008THE CAPTAIN REPORTS:CAMPAIGN UPDATE - FACDL JUDICIAL CANDIDATES FORUMOn May 28, 2008, we wrote: "Beginning today and continuing each and every Wednesday, we will attempt to provide you with a weekly contest overview and then let you have at it and give us your opinions on why we should or should not vote for a certain candidate...
GONE BUT NOT MISSED
Posted on August 05, 2008Anybody else thinking that with the circuit judges away this week , the courthouse has been quiet and peaceful and actually a decent place to work? Or maybe the oppressive heat just has dampened down everyone's normally bad manners. See You in the peaceful and quiet courthouse...
STEVE CHAYKIN
Posted on August 04, 2008Today Steve Chaykin will be laid to rest. I didn't know him well as a person. However his reputation as an attorney was well known to all: a lawyer's lawyer; a man dedicated to his clients and to raising the standards of his profession. In reading the articles and tributes about Mr...
IRANIAN EMP NUCLEAR THREAT?
Posted on August 02, 2008I don't think I've ever read an article in the last decade that frightened me more. The tile of the post links to the article. A nuclear attack does not have to involve dozens or hundreds of MIRV'd warheads striking US cities. That was the Soviet threat in the Cold War...
BLAKE TOSSES SAO OUT OF PD CASE
Posted on August 01, 2008Judge Stan Blake tossed Rudy Sorondo* and his client- the SAO out of the State Public Defender case in which the PD seeks not to accept any more cases during the budget crisis. However, Judge Blake allowed ASA Don Horn to cross Bennett Brummer. The title to the post links to the DBR Article which has a audio clip from the cross:"Q: You were late today?A: Yes...
THE CAPTAIN REPORTS: ELECTION UPDATE
Posted on July 30, 2008THE CAPTAIN REPORTS: ELECTION UPDATE ..... Welcome to our ninth and final report in a series of reviews of the contested judicial races. Over the past two plus months we have attempted to introduce you to the 19 candidates that are running for the nine contested judicial seats in Miami-Dade County...
1000+
Posted on July 28, 2008Very quietly last week we posted our 1000th blog post. It seems a bit surprising that we have sat down at various computers over the years almost a thousand times (we've had a few guests and the Captain contributes regularly) to write, mostly about our little world...
ABE LASER REMEMBERS KURT LYLE MARMAR
Posted on July 24, 2008A few weeks ago there was a passing comment on the blog about a lawyer named Kurt Marmar. Mr. Marmar passed away in the 1980's. Mr. Abe Laeser responded with a comment about a Moot Court award at the U of M Law School given in Mr. Marmar's name. We asked him to write a few words about Kurt Marmar and he responded with this:Kurt Lyle Marmar Rare is the person who does not fade from memory after their death...
THE CAPTAIN REPORTS: ELECTION UPDATE
Posted on July 23, 2008THE CAPTAIN REPORTS: ELECTION UPDATE ..... Welcome to our eighth in a series. Over the past seven weeks, we have brought you seven of the nine contested races analyzing the judicial elections in Miami-Dade County. In Week One, we focused on the only contested County Court race of Lindsay v...
Tricia Walsh Smith - The video that started it all!
Posted on July 22, 2008The divorce case from hell. We've all heard about them. Well, this woman, who is divorcing her husband who is apparently well known Broadway producer, made a video about her husband and divorce and posted it on You-Tube. 3.2 million hits later, you can still watch her call her husband's secretary and complain that they had no sex, and yet she found a bottle of viagra and condoms...
BROWEIRD
Posted on July 22, 2008Longtime and careful readers of the blog know our deep and abiding affection if not outright love for the courthouse and its denizens north of the border. Not. Check out the post on the Broward Blog entitled "Broweird." (the title of the post links to the blog article) A statue of Florida Governor Napoleon Bonaparte Broward stands in the hallway to the entrance to the new wing of the courthouse...
ANOTHER HOT MONDAY IN JULY
Posted on July 21, 2008It's the middle of summer.It's hot. It's boring. Somehow there are some robed readers who are left in this sweltering town who are actually trying cases. Great. Hot. Bored. And in trial. It's not a great combination. Meanwhile, the FINS TRADE JASON TAYLOR...
LOCAL BOYZ MADE GOOD
Posted on July 18, 2008In a seeming blast from a past, a couple of Miami Cops were arrested on Thursday and appeared in Federal Court today before Magistrate Dube on charges they were involved with a gang that ran drugs and took bets. Rumpole says: What no food? What's a good bet without a little nosh?The title links to the Herald story...
COURAGE AND STRENGTH BEYOND ALL MEASURE
Posted on July 16, 2008The following account is almost unbearably sad. And yet, it is a story of strength and courage and a life that would not be defeated. All nations have their important or tragic days seared into the national consciousness. April 22, 1979 is one of those days for IsraelisIn the early morning hours of that day, Samir Kuntar, then 16 years of age, landed on a beach in Israel with three other members of the Popular Front for the Liberation of Palestine...
JAIL HI-JINKS
Posted on July 15, 2008Anyone have the scoop on the fracas at the Dade County Jail?Protests. Ms. Georgia Ayers. Controversy and possible arrests.Rumours are flying, but alas we were not there. Who was?Site Feed
HANLON/MCDUFFIE CONTINUED
Posted on July 14, 2008Two sides to the Hanlon/McDuffie issue:"Batman" wrote:When did we become such an unforgiving society that we can not recognize a good man rising from the ashes of his wrongdoing? Why do we celebrate such a story in movies and written fiction and not in real life? We preach redemption to our children when we bring religion into their lives, yet we grant none to those who have earned it...
RANCK WATCH D-DAY
Posted on July 14, 2008Todays the day. Does the SAO continue its reign of terror firing anyone and everyone who crosses the path of the administration?Voice a concern about a police shooting? YOU'RE FIRED!!Accept a toy for charity in court? YOU'RE FIRED!!!Lie about why you were fired? YOU'RE REALLY REALLY FIRED!!!Sexually harass women employees? please resign whenever you feel most comfortable doing so...
30 YEARS AT THE SUPREME COURT
Posted on July 13, 2008NY TIMES Reporter Linda Greenhouse is retiring after covering the Supreme Court for 30 years, Click on the title of the post to read the article. PENNY BRILL WAS RIGHT!!!That is the current headline on David Ranck's blog. We never knew anyone said she was wrong...
RANCK WATCH
Posted on July 10, 2008ASA David Ranck posted on his blog that he has been summoned to a meeting with among other, Don "The Hatchet" Horn in which he will be disciplined for his comments critical on the State Attorney's Office handling of a specific police shooting case and other police shooting cases in general...
THE CAPTAIN REPORTS: ELECTION UPDATE
Posted on July 09, 2008THE CAPTAIN REPORTS: ELECTION UPDATE ..... Welcome to our seventh of nine weekly reports analyzing the contested judicial elections in Miami-Dade County. In Week One, we focused on the only contested County Court race of Lindsay v. Lesperance. Since then, we have provided you with the Circuit Court races of Cueto v...
GREGG WENZEL
Posted on July 09, 2008Today marks 5 years since the death of Gregg Wenzel. Gregg started as an assistant public defender in '94 and then went to The Florida Bar as Bar Counsel. He then was hired by the Foreign Service and based in Addis Ababa, Ethiopia, where he was killed by a drunk driver, who was tried in absentia, convicted and sentenced to one year in jail...
Friend Of Rumpole
Posted on July 08, 2008Um...uhh...hello. Friend Of Rumpole here. He is uh...indisposed at the moment. He can't post with any regularity at the moment. He gave me the password and asked me to post something. Since I really don't know anything about what you guys do here, this is really my best effort...
HERE COME DA JUDGES
Posted on July 07, 2008Miami Herald article Sunday (new feature: the title of the post links to the article) catching up with what we all know: That former Judges Marilyn Milian, David Young; Alex Ferrer; Cristina Pereyra- Shuminer and Karen Mills-Francis all have television shows where they play a Judge on TV...
NEW DECLARATION OF INDEPENDENCE
Posted on July 04, 2008When, in the course of human events, it becomes necessary for one people to dissolve the political bonds which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the laws of nature and of nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation...
THE CAPTAIN REPORTS: ELECTION UPDATE
Posted on July 03, 2008THE CAPTAIN REPORTS: ELECTION UPDATE ..... Welcome to our 6th in a series of nine weekly reports breaking down the contested judicial elections in Miami-Dade County. In Week One, we focused on the only contested County Court race of Lindsay v. Lesperance...
UPS AND DOWNS
Posted on July 02, 2008UPDATE AND BREAKING NEWS:FEDERAL FRACAS!!!FDC FIST-A-CUFFS!BILL "The Brawler" BARZEE vs. BENSON "First Punch" WEINTRAUB. Punches; headlocks. Read all about it on David Markus's Federal Fight Blog. Rumpole says: You know, we've often thought that there needed to be little more civility and professionalism in Federal Court...
THE CAPTAIN REPORTS:.... AND IN
Posted on July 01, 2008THE CAPTAIN REPORTS:.... AND IN THIS CORNERFor the defence: A distinguished member of The Florida Bar for the past 47 years, PARKER THOMSON. (Horace, you may have the "Clarence Clemons" of criminal law, but we've got the Clarence Darrow of the courthouse)...
FACE OFF AND SHOWDOWN
Posted on June 29, 2008For the prosecution: The Big Man. The Clarence Clemons of Criminal Law. Local REGJB lawyer made good. Circuit Court Judge. Third District Court Judge. Now partner at Holland and Knight. Representing the Dade State Attorneys Office gratis in the contretemps over the Public Defenders' refusal to accept more cases in this era of budget cuts is one Rodolfo "Rudy" SorondoBut Sorondo has his work cut out for him, because Bennett Brummer and his wrecking crew of appellate law specialists are undefeated in this arena...
GOODBYE JUDGE ROSINEK
Posted on June 27, 2008Today (Friday) is Judge Jeffrey Rosinek's last day on the bench. It's been quite a ride. We will miss him, as will all of Dade County. We are diminished by his absence. Stop by today and shake his hand; wish him well in retirement and while you're there, drop off a cheque for Friends Of Drug Court...
REMEMBERING JOE REYES
Posted on June 26, 2008Woops: The DBR reported on Judge Jeri Beth Cohen's campaign faux pas: " Miami-Dade Circuit Judge Jeri Beth Cohen, who is facing an election challenge, committed an ?unintentional violation? of a judicial canon by speaking at a Coral Gables Area Democratic Club meeting without her election opponent present, the Dade County Bar Association concluded...
THE CAPTAIN REPORTS: ELECTION UPDATE
Posted on June 25, 2008THE CAPTAIN REPORTS: ELECTION UPDATE ..... It's Part Five of our weekly series breaking down the contested judicial elections in Miami-Dade County. In Week One, we focused on the only contested County Court race of Lindsay v. Lesperance. Since then, we have provided you with the Circuit Court races of Cueto v...
OUR LONG JOURNEY TOGETHER HAS COME
Posted on June 23, 2008OUR LONG JOURNEY TOGETHER HAS COME TO AN ENDFACDL President Rick Freedman is a guest columnist today:Circuit Court Judge Jeffrey Rosinek, head of the "Drug Court" is leaving the bench. Judge Rosinek has been on the bench since 1986 and he has spent the past ten years in Drug Court as the presiding judge...
RICARDO CORONA REPLIES
Posted on June 22, 2008Before we get to Mr. Corona's response, longtime and careful readers of the blog will note the addition on the side panel. Through intensive work and negotiations with the chaps at Google, we now bring you our favourite blogs, with a "snippet" of the latest entry...
THE START OF A MOVEMENT?
Posted on June 21, 2008Anonymous wrote:Hi all,I'm the Anonymous that first stated that I am writing in David Peckin's name in a certain race. It occurs to me that if this "grassroots" movement as the Capt. dubs it is to have any merit, someone will have to crawl out of blogland-anonymity and spearhead the campaign...
THE CAPTAIN REPORTS:ELECTION UPDATE
Posted on June 19, 2008THE CAPTAIN REPORTS:ELECTION UPDATE ..... This is our fourth in a series on the candidates that seek your vote for County & Circuit Court Judge. To date, we have provided you with a review of the County Court race of Lesperance v. Lindsey, and Circuit Court races of Cueto v...
THE HONORABLE FLORA SEFF
Posted on June 19, 2008Congratulations to our newest County Court Judge, former longtime assistant state attorney FLORA SEFF!!!!The Governor got it right with this appointment.Site Feed
REMEMBER WHEN?
Posted on June 17, 2008OK old timers, who remembers the last time a controversial Miami lawyer was thrown in the can for his actions (or refusal to act) on a case? Hint: his picture is above.Who was the lawyer?Who was the Judge?What was the dispute that sent him to the Stockade?How did it get resolved?All these questions, and more, answered on your favourite blog...
ATTORNEY JONATHAN SCHWARTZ SENTENCED TO 1O DAYS JAIL
Posted on June 16, 2008UPDATED BELOW: Defendant blogs during misdemeanor trial.Miami Attorney Jonathan Schwartz, a former Dade Public Defender was found guilty of contempt of court and sentenced to 10 days jail, 6 months probation and a special condition that he take a Florida Bar course in professionalism...
ON RYE WITH A LITTLE MAYO AND MUSTARD
Posted on June 15, 2008Sorry Captain, but this seems to be the prevailing sentiment on the race you just covered: Anonymous wrote:If the state would allow us to add the name "HAM SANDWICH" on the ballot with Manny and Migna the Sandwich would win by a landslide... How did this happen with over 10,000 attorneys in Miami Dade ...
THE CAPTAIN REPORTS:ELECTION UPDATE
Posted on June 12, 2008THE CAPTAIN REPORTS:ELECTION UPDATE .....One day later than normal, we bring you our next in a series of reports on the contested judicial elections in Miami-Dade County. In Week One, we focused on the only contested County Court race of Lindsay v. Lesperance...
WELCOME TO OUR WORLD MIKE MAYO
Posted on June 12, 2008Sun Sentinel Columnist Mike Mayo wrote thisIN HIS BLOGrecently about Broward Attorney Sean Conway?s decision to accept a public reprimand from the Florida Bar:Part of me is disappointed that attorney Sean Conway backed down from an important free speech fight against the Florida Bar for an Internet posting in which he called Broward Circuit Judge Cheryl Aleman ?an evil, unfair witch...
THE SAGA OF JUDGE ALLEN
Posted on June 10, 2008Below is the link to the coverage of the JQC trial of 1st DCA Judge Michael Allen who finds himself the defendant because he wrote an appellate opinion criticising fellow 1st DCA Judge Charles Kahn. Khan did not disqualify himself from a case involving the appeal of the felony convictions of former Florida Senate President W...
PDS FIRED?
Posted on June 08, 2008We received this comment:Anonymous said...Carlos and Bennett did it again. Instead of firing any of the old guard who mostly have no more passion for the work, make over 100k, and are already financially set for life, they fire the young attorneys making less than 50K who are just out trying to start a career...
BUDGET CUTS
Posted on June 07, 2008The DBR reported yesterday, HEREthat the 11th Judicial Circuit fired 14 employees and eliminated 14 other jobs that were vacant to snip 1.6 million from the budget. The SAO and PDs office reported that they have also not filled vacant positions, although the comments section of the blog on Friday was rife with rumours that several people had been fired from the PDs office...
D DAY
Posted on June 06, 2008UTAH. OMAHA. GOLD. SWORD. JUNO.Hallowed ground. It was so bad at Omaha beach it was referred to as ?bloody Omaha.?The Boys of Pointe Du Hoc. US Army Rangers who climbed cliffs straight into the teeth of blazing machine guns.The PIRs of the 82nd and 101st Airborne Divisions...
THE CAPTAIN REPORTS:ELECTION UPDATE
Posted on June 04, 2008THE CAPTAIN REPORTS:ELECTION UPDATE .....Last week we began our nine week series covering the contested races for judge in Miami-Dade County. As we reported on May 2, 2008 on this blog, there are nine contested races here in Miami-Dade County; eight in the Circuit Court and one in the County Court...
SAY IT AIN'T SO JOE (CARLOS & BENNETT)
Posted on June 03, 2008Various media outlets are reporting that the Miami Dade Public Defenders Office has stopped accepting appointments for certain cases. Rumpole wonders....Can they do that?Here's the DBR article on State Court layoffs. DBRFor instance, the West Palm Beachers (motto "you don't belong here") have had to cut back on the dog sitters, and have reduced the number of magazine subscriptions to The Robb Report...
DREAMING
Posted on June 02, 2008The Broward Blog had a link to this ST. PETE TIMES article on the perfect judicial candidate. The writer was dreaming.From the article:To me, the perfect candidate to ascend to the bench would be a lawyer who has done time in both trenches, as prosecutor and public defender, good-guy avenger and perpetual underdog...
MISHKIN II
Posted on June 02, 2008We received this comment. It rightfully deserves posting on the front page:Kenneth Weisman said...I have been unable to discuss Stuart Mishkin's life and death without breaking down in tears (I cry as I type). I had the honour of working with Stuart for nearly 20 years...
WHAT I WANT...
Posted on May 31, 2008Is a waiter to take my order without becoming my new best friend.Address me as Mr?..(almost blew it there) Rumpole. And I will reciprocate by using their last name .I don?t care to know the brand of organic fertilizer used to grow the potatoes. Starbucks is now telling me on what day they roasted the coffee...
FBI ARRESTS 2 CITY OF MIAMI OFFICERS
Posted on May 30, 2008And no, the Chief, who just recently admitted to "wrongdoing" was not one of them.Officers Geovani Nuñez and Detective George Hernandez were arrested, according to the Herald, HEREfor offenses involving "drugs" and "stolen merchandise", but not "stolen drugs" as there is indeed, apparently, honor among thieves, even those that wear a badge...
STUART MISHKIN HAS PASSED AWAY
Posted on May 29, 2008Stuart really deserves his own post. If you wish to comment on the PD and SAO budget crisis and impending cuts, go to the post below this one.Sad news reaches us, apparently confirmed, that longtime REGJB Lawyer Stuart Mishkin has passed away. Stuart was a former prosecutor, and good friend to many lawyers, court reporters, Judges, and court staff...
THE CAPTAIN REPORTS:ELECTION UPDATE
Posted on May 28, 2008THE CAPTAIN REPORTS:ELECTION UPDATE .....With election season in full gear, we can accurately report that we have been flooded with emails and snail mail items all inviting us to campaign fundraisers all over town. As reported on May 2, 2008 on this blog, there are nine contested races here in Miami-Dade County; eight in the Circuit Court and one in the County Court...
THE PD'S OFFICE IS.....
Posted on May 28, 2008CLOSED!!!!??????The rumor we are hearing is that very shortly because of the infamous budget cuts, the Public defenders, those champions of altruism and defender of those who no one else will defend, will very shortly be telling judges (politely we hope for their sake) that they can no longer accept appointments on news cases...
BUSY
Posted on May 27, 2008Talk amongst yourselves. Be nice. Lots going on. Rumpole is very busy at the moment. The down escalator from 2 to 1 is fixed so of course they now take the up escalator from 1 to 2 out of service. Why do they taunt us like this?Did the new plan to reduce traffic to the building work today? It seemed the lines to get into the building were shorter...
YOU ASKED FOR IT
Posted on May 22, 2008Readers have been emailing us and writing comments asking about Judge Dava Tunis, her decision as a Florida Bar Referee in a disciplinary proceeding, and the State Attorney's Office's recent close out memo on the Loyalty Oath fiascoes.Courtesy of the Daily Business Review, here is the link to the close out memo:MEMOApparently Judges Orlando Prescott, Linda Singer-Stein and Dava Tunis have signatures on their loyalty oaths ("are you now or have you ever been Rumpole?") that were forged...
WITHER JUSTICE KENNEDY?
Posted on May 22, 2008Last year the Supreme Court issued 68 written opinions, 24 decided 5-4, with Justice Kennedy in the majority of all of them. Indeed Kennedy was in the majority of all but two of the opinions issued last year. Quite a batting average. This year, with 35 written opinions issued so far, there has been one decided 5-4...
A STRANGER IN A STRANGE LAND
Posted on May 20, 2008And Moses was content to dwell with the man : and he gave Moses Zipporah his daughter.And she bare him a son, and he called his name Gershom: for he said, "I have been a stranger in a strange land."-- Exodus 2: 21-22 We recently received an email from a prominent federal defense attorney who noted his/her travails on a recent Monday morning outing to our humble building...
I CAN'T HELP MYSELF
Posted on May 19, 2008Wasting money on elevators is really bugging me.My obsession has now spread beyond our own humble building.ELEVATORSI obviously need help. Plus, nothing else is going on. But fear not, our collection of robed readers in situ loci and North Of The Border are sure to help out shortly...
PARTY TONIGHT?
Posted on May 17, 2008The Florida Association of Criminal Defense Lawyers - Miami Chapter was founded in 1963 and in 2008 celebrates 45 years as one of the largest voluntary bar associations located in Miami Dade County. This year's Annual Installation & Awards Banquet takes place on Saturday, May 17, 2008 at 6:00 PM at the JW Marriott on Brickell Avenue in Miami...
NEW COUNTY COURT JUDGE AND TRISCADECAPHOBIA
Posted on May 16, 2008DOUBLE BREAKING BLOG NEWS: Guilty of first degree murder verdicts in the Merrick Park murder case tried these past few weeks before Judge Reemberto Diaz. Grim faced defense attorneys vowed to appeal.A reader posted this BREAKING BLOG NEWS:Move over, Capitan:Breaking Blog News...
SY AND WHEAT
Posted on May 14, 2008(Scott Saul posted a legal question so interesting that we are posting it below this post. Scroll down, and read Scott's question, and confine your comments under that post to possible answers.) We received this email:Rumpole, I do not know if you were at ceremony for the dedication of Sy's memorial...
SPEEDY TRIAL CONUNDRUM
Posted on May 14, 2008Scott Saul said...WHO KNOWS THEIR SPEEDY TRIAL ISSUES HERE?The scene is Broward!I have a client that was arrested, and had charges filed, for a felony and corresponding misdemeanor.Without ever taking a continuance and 170 days into the case, the State nolle prossed the felony...
JUDGES IN NYC MAKE A STARTLING DISCOVERY
Posted on May 13, 2008Police Officer?s lie!Police officers don?t lie do they? Ask any prosecutor and they will tell you police officers never lie. Most Judges in Florida feel the same way. But much like the way the water in NYC makes the bagels taste different, so must the water imbue the Judges of New York City (State and Federal) with the ability to discern when an officer has lied...
SY GAER DEDICATION WEDNESDAY AT 12 NOON
Posted on May 13, 2008The signs are up at the Justice Building. 12 Noon on Wednesday we dedicate the memorial to our departed friend and colleague Sy Gaer. Try to be there. In memory of Sy, it promises to be a good time with fun memories. Sy would have wanted people to laugh and remember the good times...
THE CUPBOARD IS BARE
Posted on May 10, 2008A Daily Business Review article highlights the upcoming Trial Court Budget Commission (Motto: "Yes we actually exist") meeting this week:From the article: The courts won?t know exactly what effect the budget cuts will have on each circuit until after a meeting of the Trial Court Budget Commission and chief judges next week in Tampa...
WISE WORDS
Posted on May 08, 2008(David Ranck Update below)"Do we have the right here in the United States to say that we're going to kill tens of thousands, and make millions of peoples, as we have, refugees, kill women and children as we have...I very seriously question whether we have that right...
CLINTON'S NUMBERS
Posted on May 08, 2008Before we get to the topic today, once again those wild and crazy lawyers North Of The Border intrude upon our thoughts. Just when you were sure things could not get any crazier in "fun city" comes this little gem: Criminal Defense attorney Gary Ostrow flew to Tallahassee on May 2 to file papers to challenge incumbant Public Defender Howard Finklestein...
SY GAER MEMORIAL
Posted on May 06, 2008FACDL-Miami Invites you to theDedication of the Sy Gaer MemorialWednesday, May 14, 200812 NoonRichard E. Gerstein Justice Building2nd Floor Rumpole: Finally.Site Feed
THE DEATH OF LEONARDO BARQUIN
Posted on May 05, 2008Leonardo Barquin was shot and killed by Miami Police Officer Jorge Espinosa. Barquin was one of two men who burglarized a home. Espinosa arrived and shot Barquin in the back and killed him.Espinosa gave a statement that he saw Barquin with a gun. No gun was found...
SPECIAL REQUEST
Posted on May 04, 2008TO THE PERSON WHO SENT RUMPOLE AN EMAIL WITH A LINK TO A BLOG THAT CONTAINS A COPY OF AN EMAILyou sent it this morning. We attempted to respond to the email with the aol address but it was bounced back, probably from your spam filter. Please add our address as a safe email...
HERALD SCOOPED
Posted on May 03, 2008The facts is dear Readers, our wonderful El Capitan scooped the Herald on Friday with the news of the judicial elections.The Captain had it here first, and unlike the on-line articles in the Herald's Breaking News Section, the Captain had it right. Great Job Captain...
D DAY
Posted on May 02, 2008DOS DE MAYOD DAYThe day our wonderful robed readers will find out if they have opposition. Will the summer be spent knocking off around 3PM and squeezing in a round of golf or a massage at the Four Seasons on Brickell (we highly recommend their spa) or trudging to endless chicken dinners at such hot spots as the Hialeah Kiwanis Club or the evening card rooms at Aventura condos? Like the German Atlantic wall (and we are ever mindful of the problems we ran into the last time we used a WWII analogy) Judges have their hired guns- political consultants, lawyer-friends, and the rumor is one even hired new Dolphin Offensive Lineman Jake Long- manning the wall in Tallahassee...
THE CAPTAIN REPORTS:ELECTION UPDATE
Posted on May 02, 2008THE CAPTAIN REPORTS:ELECTION UPDATE ??The numbers are in and here they are: 35 Incumbent Judges (7 County and 28 Circuit) have been returned to office without opposition. There are 9 contested races (1 County and 8 Circuit). Four Incumbent Judges face opposition in August (Lindsey, Shapiro, Chumbley, and Cohen)...
VOIRE DIRE FROM HELL
Posted on April 30, 2008The Scene: A modest courtroom on the fourth floor of our little building. Judge Reemberto Diaz and a group of hardworking prosecutors (Gayle Levine headlining) and defense lawyers (Dan Lurvey, Ken White, Bruce Fleisher, and ??) are slogging their way through panel after panel of jurors...
THE UPS AND DOWNS
Posted on April 29, 2008of practising law in federal court have never been more apparent than in the last couple of weeks. Literally.Have a case in federal court? Here are your choices: The Dyer Building and all the mold you can breathe or...the King Courthouse which has eleven floors, and ONE working elevator at any given moment...
SOMETHING IS IN THE AIR
Posted on April 28, 2008As we worked toward the swift completion of our appointed rounds today, we couldn?t help but notice that something was in the air in our beloved REGJB today. In one hallway, there was a judge grabbing a bunch of lawyers into chambers where the judge personally brewed a batch of Cuban coffee...
BILL GELIN ON JUDGE GARDINER
Posted on April 28, 2008Broward lawyer Bill Gelin posted this on the Broward Blog and it bears repeating here:Because I believe it is highly unlikely that Broward State Attorney Mike Satz will take the necessary steps to uncover the truth in the controversy involving his friend Judge Gardiner and his prosecutors, it is once again up to the rest of us to make sure justice prevails in Broward County...
Judging Ana
Posted on April 25, 2008These links are on the Broward Blog but the stories are just too juicy for us to ignore here. First, here is the link to the New Times story on the many loves and friendships of Broward Circuit Court Judge Ana Gardiner.JUDGE ANAAnd here is the link to Bob Norman's story on the nasty letter the Judge had her attorneys send him:JUDGE'S GAMBITAll in all another day North Of the Border...
THE CAPTAIN REPORTS:ELECTION UPDATE
Posted on April 24, 2008THE CAPTAIN REPORTS:ELECTION UPDATE ??Be careful what you wish for ?.. In Group 18, Migna Sanchez-Llorens has long been unopposed for this open Circuit Court seat. (Migna has raised $18k and added another $40k of her own money to the campaign account)...
Judge Tunis Needs More Time.
Posted on April 24, 2008Here is the link to the GamePolitics Blog post on our favourite lawyer, who is otherwise banned from posting on this blog. The topic was Judge Tunis's request to the Florida Supreme Court for more time to issue her reccomendation in the Florida Bar versus Jack Thompson...
...AND THROW AWAY THE KEY
Posted on April 23, 2008The US has 5% of the earth's population.The US has 70& of the earth's lawyers (most of them waiting in line to get into the REGJB). And the US has 25% of the earth's prisoners.Those are the statistics in this startling article in the NY Times:PRISONERSHere are some other highlights: China- that bastion of godless communism with no respect for individual rights, has four times the population of the US, and one million less prisoners (2...
MAKING FACES
Posted on April 22, 2008Miami Criminal Defense attorney Bruce Lehr closed out a nasty case this week. Lehr was involved in the case where four defendants were charged in the beating death of a homeless man. The plea was to manslaughter and ten years followed by probation.The Herald article by you know who is HERESpeaking of North of the Border, the Broward Blog has the details on Judge Geoffrey Cohen dashing from the bench and assisting the courtroom deputies in subduing an unruly tough...
PROBLEMS AND SOLUTIONS
Posted on April 21, 2008Anonymous said...10:30, people are not anonymous because of your reasons on THIS blog. They are anonymous because they don't want to be trashed just because someone sees their name. It doesn't matter what people say. If John Doe says "it's Monday," the next 5 responses are that John Doe cant try a case, something about their past, something about their distant past, or something untrue that just sounds juicy...
ORGINAL INTENT
Posted on April 20, 2008Very quietly there is a revolution going on North of the Border as more sitting judges have received opposition this year than any time in recent memory. We don?t know most of the Judges or candidates for that matter, but check out the Broward Blog for the latest happenings...
MEMBER'S ONLY-NOT YET
Posted on April 19, 2008In an effort to counter the anonymous snipping that has infected the blog to the point where we have lost valuable readers and comments, we are considering trying OPENID as a way of requiring people to post a comment with an ID. What does this mean?If you already have a Google Account, and AOL account, or one of several other accounts, click above to see, you will have to enter that account to post a comment...
JUDGE KAREN MILLS FRANCIS
Posted on April 18, 2008AU REVOIR JUDGE KAREN MILLS FRANCISToday was her last day in court as she retires with a Sony Development deal firmly in hand for a Television show. Although we hardly knew her, we hear that this could not have happened to a nicer person. We wish her well...
SPRING IS IN THE AIR
Posted on April 17, 2008Spring is here. Easter has come and gone. The Jewish holiday of Passover approaches. Children are on spring break; flowers are blooming; love is in the air. The Pope is using this season of joy and renewal to visit the United States. Yesterday the United States Supreme Court approved the use of lethal injections as a means of executing anyone Dick Cheney doesn't agree with...
GEMMA COSENTINO
Posted on April 15, 2008CAPTAIN said... I noticed today that it has been exactly 5 years since the death of Gemma Cosentino. Amazing how time flies.For those of you that did not know her, she was a fantastic attorney and, more importantly, she was an incredibly warm and caring person who brightened every room she walked into...
JIM DEMILES RESPONDS
Posted on April 15, 2008I received this comment. I have no way of knowing who wrote it, but I sincerely hope it was Mr. DeMiles, who I have never had the pleasure of meeting to the best of my knowledge. If I have been taken advantage of, I just might leap off a bridge, as lately no matter what I do I seem to screw this blog up...
FLACK
Posted on April 14, 2008We received lots of comments about the ?threatening to withdraw a plea? post, and here are some of them. We note right off the bat that we must be doing something right, as we are getting flack from both sides. Lets start with the prosecutors:An ASA wrote: Are you trying to get all of the ASAs to leave the blog, Rump? I really don't know when you changed the name of the Justice Building Blog to the Justice Building Defense Blog, but I, for one, am really tired of the SAO and ASAs being egged on by you and your brethren based upon half truths, suppositions (and you're supposed to be the sentry between the accused and the accusers, yet you don't even give the benefit of the doubt before you start accusing and convicting) and outright lies that you post (like the "facts" of the oxycodone case in your last thread that turned out to be nothing more than a bunch of crap)...
THE OTHER SIDE OF THE COURTROOM
Posted on April 14, 2008Let?s play pretend.I?m a prosecutor. (I said this is pretend). I?ve been a lawyer for 3 years. I?ve tried a bunch of cases and now I have a trafficking case with a 25 year minimum mandatory. The drugs on the defendant were in a prescription bottle in the name of his girlfriend, and his girlfriend is sick...
REGJB
Posted on April 13, 2008WELCOME TO THE RICHARD E GERSTEN JUSTICE BUILDING"children under the age of 18 not welcome, unless we're trying to send them to adult prison."Terry Chavez, some sort of spokesperson for the Dade County State Attorneys Office. Site Feed
BULLIES
Posted on April 13, 2008It has been alleged that the prosecution in the recently concluded drug trafficking case refused to make a plea offer after the defense had filed a motion to suppress. Whether or not that is true, it raises the issue of prosecutors doing this more and more...
THE CAPTAIN REPORTS:WHAT IN THE
Posted on April 12, 2008THE CAPTAIN REPORTS:WHAT IN THE HECK IS GOING ON IN OUR COURTS???The Miami Herald is reporting today on a story that, if true, is simply mind-boggling. Where shall we begin: with the prosecutor or the Judge?THE SETTING:The courtroom of esteemed jurist Beatrice Butchko...
NUREMBERG IN MIAMI
Posted on April 11, 2008What would have happened if the prosecution was successful in the drug trafficking trial of Joaquin Decantor? Would the prosecutor have gone home and celebrated his victory of putting a man in prison for 25 years on those facts?Overlooking the reports of the absurd closing argument of the prosecution that the defendant was guilty of trafficking because he was walking in the middle of the street ( yup- drug traffickers often try to draw as much attention to themselves as possible, especially when transporting 25 years worth of drugs) the real question is WHY WAS THIS CASE PROSECUTED?As near as we can understand, the ?defense of the prosecution? is?I WAS JUST FOLLOWING ORDERS...
A TRAFFICKING STORY
Posted on April 09, 2008Another example of Justice Building Justice, as our intrepid Herald reporter Oh Susannah Nesmith, (back from an editing stint) reports on the trial of Joaquin Decantor for trafficking drugs.The article isHEREThe defense: his car broke down and before he walked home he grabbed his girlfriend?s prescription medicine to take home to her...
WE'RE BACK!!!
Posted on April 08, 2008FREE AT LASTFREE AT LASTTHANK GOOGLE ALMIGHTYWE'RE FREE AT LAST.For those of you suspicious of Rumpole, you can click below to see what froze our blog.SPAM BLOGThe day we were most frustrated about not being able to post was the day of the 40th anniversary of the assassination of Dr...
I'M BACK
Posted on April 02, 2008This has been a very difficult and unusual day to say the least. I know many blog readers believed that I was running a prank for April Fools day. Did it ever occur to anyone that I was the victim of an April Fools prank?I have known for many months that someone was trying various combinations of passwords to get into the blog...
I HACKED RUMPOLE'S BLOG
Posted on April 01, 2008I DID IT!!!! I HACKED RUMPOLE AND THOUGHT OUTSIDE THE BOX!! THE BLOG IS MINE. THE KING IS DEAD. LONG LIVE THE KING!I tried to hack the blog for months and months and months, and one day, looking at the sign in, using rumpole?s email as a sign in, I started writing ?think outside the box? as the password...
THIS BLOG HAS BEEN SUSPENDED
Posted on April 01, 2008A complaint has been filed and we are investigating it. After reviewing the pages of this blog we find sufficient reason to suspend all activities including comments on this blog pending completion of our investigation. Please check back in a few hours...
I'M GONNA TURN THIS BLOG INTO CHEAP PORN AND BAD CARTOONS
Posted on April 01, 2008EMAIL ME RUMPOLE.Site Feed
PAY ME OR I WILL DELETE THIS STUPID BLOG
Posted on April 01, 2008I RUN THIS BLOG NOW. I CAN CHANGE ANYTHING. I CAN DELETE ANYTHING OR EVERYTHING. RUMPOLE. EMAIL ME AND PAY ME OR I WILL BLOW THIS BLOG TO SMITHEREENS. TICK TOCK. Site Feed
REPRINT
Posted on March 31, 2008THIS WAS ON THE BROWARD BLOG OVER THE WEEKEND. SCHOOL -- 1958 vs. 2008Scenario: Jack goes quail hunting before school, pulls into school parking lot with shotgun in gun rack.1958 - Vice Principal comes over, looks at Jack's shotgun, goes to his car and gets his shotgun to show Jack...
BAR NONE
Posted on March 30, 2008EDITORIALTC PALM Editorial: Judicial Candidates Hide Behind Florida Bar's Restrictive Free-Speech CanonFlorida's sparsely contested judicial contests continue to suffer from a lack of transparencyFlorida has 162 Circuit Court judgeships up for grabs this year...
WITH THIS PLEA I THEE WED
Posted on March 27, 2008The following is a transcript from Judge Spencer Eig?s division. (Welcome to the blog Judge Eig) Some of the names have been removed by Rumpole to protect the innocent. The transcript has been edited in that much of the proceedings have been removed. However, no words have been added...
CRISIS: State cuts court budgets.
Posted on March 26, 2008CRISIS: State cuts court budgets. Chief Judges in Dade and North of the Border announce drastic personnel cuts. Drug court (at least in Broward) will be gone. No social service programs of any sort. Limited civil court hours as most resources directed to keeping the criminal courts running...
11th Judicial Circuit Historical Society
Posted on March 25, 2008We rarely get invited to anything intentionally, but somehow this arrived in our email in box:THIS THURSDAY March 27, 2008 @ 6:00 PMTHE HISTORICAL MUSEUM OF MIAMI101 West Flagler StreetCall 305-375-1619 for details. Dear friend,Please accept this invitation to attend the 11th Judicial Circuit Historical Society?s Second Annual Reception...
THE CAPTAIN REPORTS:ELECTION UPDATE
Posted on March 23, 2008THE CAPTAIN REPORTS:ELECTION UPDATE .....The 2008 Election season just got hotter as we now have our fifth incumbent judge who has drawn opposition.In Circuit Court Group 76, Incumbent Judge Spencer Eig is being challenged by Aventura attorney Roniel "Ron" Rodriguez IV...
OUR LEGISLATURE AT WORK
Posted on March 22, 2008From the Broward Blog: OUR LEGISLATORS HARD AT WORK DURING A BUDGET CRISIS:A bill to be entitled An act relating to the indecent wearing of below-waist underwear; prohibiting a student from exposing below-waist underwear in a specified manner while on the grounds of a public school; providing penalties; providing an effective date...
OBAMA FOR ELEPHANTS
Posted on March 21, 2008We were very impressed with New Mexico Governor Bill Richardson?s endorsement of Barak Obama. This endorsement may well turn out to be the turning point in this protracted campaign. However, we for one do not believe a contested convention would be a bad thing for the Democratic party...
HEIMLICH MANEUVER NEEDED...WE'RE CHOKING!
Posted on March 20, 2008From the Miami Herald article on the Florida Supreme Court Chief Justice's comments on budget cuts:(The Crist is Senate Criminal Justice Committee Chairman Victor Crist)Noting that the use of court and social services rises with a bad economy, Crist also said that state attorneys, judges and public defenders need to do a better job managing their time, selecting cases to prosecute and ensuring that only the truly poor use public defenders...
THE 110
Posted on March 19, 2008Judge Farina has concluded that the 11th Judicial Circuit will have to FIRE 110 court employees to meet the current budgetary cuts!!!From the Chief Judge's latest email:On Tuesday, March 18th, we began to evaluate the impact of the proposed budget cuts on the judicial branch's budget and our ability to carry out our responsibilities as required by the State of Florida's Constitution...
RUMPOLE INVITED!!!
Posted on March 18, 2008We received the following invitation:Marsha Madorsky and I would like to invite you to attend a cocktail reception for our friend Katherine Fernandez Rundle.Please RSVP toChris in my office at (305) 285-9331. Rick SisserBill and Jessica Biondi, Steve Brodie, Ruben and Mariana Garcia, Gregory Cesarano, Ellen Freidin, Debra Goodstone, Marsha Madorsky, Amelia Maguire, Edith Osman, Chuck Rosenberg, Rick Sisser, and Bill and Gretchen TunkeyCordially invite you to a fundraiser in honor & in support of our friend and neighborKatherine Fernandez Rundle,State Attorneyon Thursday, March 27, 2008from 5:30 p...
A COUPLE QUESTIONS
Posted on March 17, 2008TOP'O THE MORNING TO YA!1) A reader wants to know why are our superbly trained and highly efficient REGJB security people are making people remove their belts?Q: What?s that?A: A paper clip.Q: Code Red! Code Red! Sir. Please stay right where you are. Do not move...
"I SHOT THE CLERK? I SHOT THE CLERK?"
Posted on March 17, 2008FACDL-MIAMI FREE SEMINAR:"ANATOMY OF AN INTERROGATION"Thursday, March 20, 2008Brickell Bay Club 2333 Brickell Avenue, Miami5:00 PMSponsored by: Transitions Recovery ProgramThe evening includes a seminar as well as Cocktails and Hors D'oeuvresCome learn about the methods used by police during the process of interviewing and interrogating subjects...
JUDICIAL ELECTIONS
Posted on March 14, 2008Nice DBR article on the different election problems Florida Judges face from County to County.DBRFor instance, North of the Border, if you run against an incumbent judge and win, the Judges in power respond by assigning you the weekend bond hearings for the first 5 1/2 out of six years of your first term, with the remainder of the time spent being required to read "The collected wit and wisdom of Dale Ross...
ROCK N ROLL
Posted on March 13, 2008BREAKING BLOG NEWS:Several alert readers have emailed us that the Florida Supreme Court (motto: Gore Should be President) has upheld the new conflict public defender's office, what we have been calling the ROC.The order is below.ORDERA tricky disorderly conduct case has kept us in court for the last few days so we haven't had a chance to review the order...
HUBRIS
Posted on March 12, 2008From Wikipedia:Hubris or hybris (Greek ?????a) according to its modern usage, is exaggerated self pride, arrogance or self-confidence (overbearing pride), often resulting in fatal retribution. In Ancient Greece, "hubris" referred to actions taken in order to shame and humiliate the victim, thereby making oneself seem superior...
ADVICE
Posted on March 11, 2008"Never talk when you can nod, and never nod when you can wink, and never write an e-mail because it's death. You're giving prosecutors all the evidence we need." Elliott Spitzer, interview with ABC news, circa 2006 as Attorney General of New York. Site Feed
17th AVENUE BRIDGE RE-OPENS
Posted on March 10, 2008Rumour has it that one of the more distressing periods in REGJB history has come to (or will soon come to) an inglorious end with the re-opening of the 17th avenue bridge.If you recall, in an example of superb urban planning, while re-constructing the 12th Street Bridge, city planners suddenly decided to close the 17th avenue bridge, effectively reducing access to the REGJB from most points south to one or two lanes of obstructed traffic on one bridge over the famed Miami River (motto used to be: ?cops dump your drug rip-off murder victims bodies here?...
SHOTS FIRED
Posted on March 09, 2008Two Miami Herald articles have caught our attention:In the first, shots were fired and thankfully missed Miami Attorney and judicial candidate Abbie Cuellar as she was driving her car home from a function last week. The David Ovalle Herald article is HERE , and the current belief is that it was an attempted car jacking and not related to any political activites...
RUMPOLE ON SLATE.COM!!!
Posted on March 08, 2008Yes we've made the big time (although Ms. Nesmith's columns have been great as well).Slate.com writes HERE about our posting Mr. Thompson's legal pleadings in his "dispute" with the Florida Bar. And all you readers said our indulging Mr. Thomson would lead to no good! Indeed...
THREE STOOGES AND SILENT JOHN
Posted on March 06, 2008David Ovalle has this news story about some of our soon to be clientsHEREIt seems Moe, Larry, and Curly, went to rob a jewelry store; jumped out of the car with masks and guns; ran to the door?.and realized that the owner needed to buzz them in.Woops?no harm, no foul, but the police were called and apprehended our soon to be clients shortly thereafter...
COURT CRISIS CONTINUES
Posted on March 05, 2008Rumpole has received the Memo from the ?Trial Court Budget Commission? (who even knew there was such a thing? Maybe if they did away with the commission they might have enough money to staff the courts. Just a thought. )A Mr. Belvin Perry Jr. has written that we can expect the following belt tightening changes:1) GOOD BYE TRAFFIC MAGISTRATES! Funding ends Friday March 14, 2008...
ZACK CLEARED
Posted on March 04, 2008Proving that we in Dade County don't hold grudges, our own Dade Assistant State Attorney Howard Rosen issued a "close out memo" clearing Broward Judge Robert Zack of any possible criminal charges in taking two loans from an attorney north of the border...
THE BLOG ON CHANNEL TEN
Posted on March 04, 2008BLOG NEWS ALERTAt 6:00 pm tonight, Ace Channel Ten reporter/anchor Glenna Milberg reports on the crisis at the Justice Building and the long lines our clients have to endure to get into court.Rumor has it that the news report (which should air right after the first set of commercials) may even use the now infamous picture we posted on the blog of lines snaking around the justice building...
THE CAPTAIN REPORTS:Can you say
Posted on March 04, 2008THE CAPTAIN REPORTS:Can you say SALVIA DIVINORUM & SALVINORIN A ... ???- SPRING SESSION 2008 - THE FLORIDA LEGISLATURE - BACK IN SESSIONAnd with it comes the hundreds of bills that the 120 House members and 40 Senators have introduced to be heard during the annual 60 day Spring Session...
DENISE MARTINEZ-SCANZIANI RESPONDS:
Posted on March 02, 2008The following is an unedited reply to the Captain's post from Judicial Candidate Denise Martinez-Scanziani. We received an email from the candidate and re-print it in its entirety here:O, Captain! My Captain! Quite a fearful trip you have dragged us into...
LEGISLATURE BLINKS!!!!
Posted on March 01, 2008BREAKING NEWS:Reported by the Miami Herald HEREThe Florida Legislature has agreed to tap into "emergency funds" (meaning they will forgo their nightly Ribeyes at tax payer expense) and fund the court system without any layoffs for JAs, clerks, etc.Site Feed
Officer Struck and Killed
Posted on March 01, 2008City Of North Miami Police Officer Fritz Doucet was killed in Fort Pierce on I-95 when he and another person who had stopped their morotcycles in the emergency lane were struck by a car when the driver lost control of her vehicle.According to the Miami Herald report HEREDocuet was a nine year veteran of the police department...
ONE IN A HUNDRED: BROWARD DOES THEIR PART
Posted on February 28, 2008One in a hundred americans is in prison or jail, and here's why Broward is helping to keep that number high:The Broward Blog contains the welcome news that Broward Attorney Valerie Small-Williams was acquitted of the misdemeanor charge of failure to obey a police officer...
BROWARD BLOG'S SOLUTION & THE PASSING OF WILLIAM F BUCKLEY
Posted on February 27, 2008Our Brother Bloggers North of The Border have proposed a solution to the pending court funding-JA furlough crisis: have the robed readers donate a small portion of their salary (like 5%) back to the State to be used to fund salaries for judicial assistants...
POWER TO THE PEOPLE
Posted on February 26, 2008This was the scene this afternoon in a REGJB Courtroom as Rumpole was conducting a devastating cross examination: Rumpole: "Are you sure you saw my client officer?"Officer: Yup.Rumpole: if you're lying, lightening may strike.Officer: if you say so. Channel Seven Reports that Turkey Point (motto: "it's cool to glow at night" and "read our new pamphlet: seven fun facts about radiation poisoning" ) shut down two reactors causing the power outage across the state...
THE CAPTAIN REPORTS:OCCCRC .....
Posted on February 26, 2008THE CAPTAIN REPORTS:OCCCRC ..... GET USED TO THE LETTERSAt 9:00 AM tomorrow morning, the State of Florida and the Florida Association of Criminal Defense Lawyers will clash heads before the Florida Supreme Court in the case of:FLORIDA GOVERNOR CHARLIE CRIST;KEN PRUITT, AS PRESIDENT OF THEFLORIDA SENATE; KURT BROWNING, ASSECRETARY OF STATE; AND JEFFREYLEWIS, JACKSON FLYTE, JOSEPH GEORGE,JR...
HAPPY BIRTHDAY
Posted on February 25, 2008Happy Birthday Marbury v. Madison! 5 U.S. 137 (1803) Decided February 24, 1803 (the case was argued thirteen days before the decision was issued.)205 years old and despite the current White House, still going strong!"The government of the United States has been emphatically termed a government of laws and not of men...
JUDGE SLOM RESPONDS TO THE COURTHOUSE CROWDING
Posted on February 25, 2008And we quote: "Let them eat cake."Seriously, Judge Slom sent out the following memo on the problem of overcrowding on Tuesday when there is a Monday holiday. THE HONORABLE SAMUEL J. SLOMCOUNTY COURT JUDGE1351 N.W. 12 STREET ROOM 513Miami, Fla. 33125Phone 548-5187TO: THOSE SEEKING ACCESS TO THE REG JUSTICE BUILDINGFROM: SAM SLOM, ADMINISTRATIVE JUDGE, COUNTY COURT CRIMINAL DIVISION RE: TUESDAY CALENDARS FOLLOWING A HOLIDAY MONDAY DATE: FEBRUARY 24, 2008 As many of you know, the large number of people seeking access to the REG Justice Building on a Tuesday following a Monday holiday is overwhelming...
REPORT FROM THE FRONT LINES
Posted on February 24, 2008Hi Rump. We are a State Attorney And a Public Defender and we decided to take you up on your offer to write something for Sunday. Each of us feels, for different reasons that we cannot reveal our identity. On the PD side, there is a culture of being against ?sleeping with the enemy? (not that we?re sleeping together) and the PD here feels s/he will have the friendship held against him/her...
THE CAPTAIN REPORTS:ELECTION UPDATE
Posted on February 23, 2008THE CAPTAIN REPORTS:ELECTION UPDATE .....The following is a reprint of a relevant portion of my post of February 15:Group 34 of the County Court has a new candidate. Her name is Denise Scanziani and she has been a member of The Florida Bar for seven years...
WHO WILL YOU VOTE FOR?
Posted on February 22, 2008As the field of presidential candidiates narrows down to three, just who would you like to see as the next President?Hillary Clinton?Barack Obama?John McCain?While we?re at it, how about Vice Presidential choices? Be the first to show your political instincts and correctly predict who the candidates will choose as their running mate...
RULE ...SHMULE
Posted on February 20, 2008When we last left Jack Thomson, Esq., he was hard at battle with the Florida Bar, Florida Supreme Court, Judge Tunis, and the video game industry. The Florida Supreme Court filed a rule to show cause as to why Mr. Thompson should not be held in contempt for his frequent filings in the Supreme Court, many of which have been posted in the comments section of this blog...
FACDL RESOLUTION IN SUPPORT OF BEN KUEHNE
Posted on February 19, 2008RESOLUTIONOF THE FLORIDA ASSOCIATION OF CRIMINAL DEFENSE LAWYERSIN SUPPORT OF BENEDICT P. KUEHNEWHEREAS, Benedict (Ben) Kuehne has been a member of the Florida Bar since 1977 and is Board Certified by the Florida Bar in Criminal Trial, Criminal Appellate, and Civil Appellate Law;WHEREAS, in addition to his leadership as a member of The Florida Bar Board of Governors, President of both the Dade County Bar Association and Miami Chapter of FACDL, Ben Kuehne is a Charter Member of the Board of Directors of the Florida Association of Criminal Defense Lawyers (FACDL), dating back twenty years to 1988;WHEREAS Ben Kuehne is a trusted advisor to those he has served with in FACDL, and always made himself available to better the organization on issues of by-laws, ethics, and other legal matters;WHEREAS, Ben Kuehne has contributed as an author to FACDL?s Defender magazine on issues of the Fourth Amendment, and the United States Supreme Court;WHEREAS, Ben Kuehne has routinely been recognized for his legal talents and contributions to the legal profession and specifically the criminal justice system, including but not limited to his recognition as one of the ?Lawyers of the Year? by the National Law Journal in 2000;AND WHEREAS Ben Kuehne is currently seeking justice in his own defense and is deserving of the same support, counsel and assistance that he has given to FACDL for so many years;NOW THEREFORE BE IT RESOLVED BY THE FLORIDA ASSOCIATION OF CRIMINAL DEFENSE LAWYERS:That the FACDL supports and stands ready to assist Ben Kuehne during this time when he seeks to find justice for himself in a criminal court of law...
COURTHOUSE IN CRISIS
Posted on February 19, 2008This was the scene Tuesday morning, as the lines to get into the courthouse stretched from the rear entrance (by the bridge to the jail) around the corner. If the line was any longer it would have met the line waiting to get into the front entrance. The citizens who own this courthouse should not have to wait for an hour to get inside...
HAPPY PRESIDENT'S DAY
Posted on February 18, 2008To all our brother and sister lawyers North of the Border this President?s Day:Try not to work too hard.Sincerely,Your Friends and Colleagues South of the Border.Item: The Broward Judiciary does not recognize President?s Day as a day off from work. Site Feed
THE GREAT FLOOD
Posted on February 16, 2008Latest Herald article on the "Kuehne sting." HEREThe Government was using an informant to feed Kuehne phony information that drug money was legitimate. They ought to hang their heads in shame for prosecuting this man.And God looked upon the earth (and North Of the Border), and, behold, it was corrupt; for all flesh had corrupted his way upon the earth...
Woops.
Posted on February 15, 2008Once again DNA evidence exonerates an innocent individual, in prison since 1993. But the case of Lynn DeJac and her wrongful conviction for murdering her 13 year old daughter 14 years ago has a different twist.Last year DNA evidence that implicated another individual led to a court granting DeJac?s motion for a new trial and her release...
JUDGE GARDINER
Posted on February 14, 2008From the Broward Blog comes this article about the driving habits of North Of the Border Judge Ana Gardiner, who serves as Chief of the Criminal Courts (but not traffic) division. On Valentine's day, the lesson is love can sometimes hurt (and wreck a Mercedes)...
MADNESS
Posted on February 13, 2008Is John McCain the last sane man in the Republican party? You can make a good case for the fact that he is. Start with this thought: Mike Huckabee is the clear choice of a large vocal and powerful wing of the Republican party. It is 2007, and Mike Huckabee does not believe in evolution...
POP QUIZ
Posted on February 11, 2008Time for a little update and recap and a quick quiz. Here?s what we?ve learned so far:In Miami it is dangerous to:A) Shake hands with a federal prosecutor.B) Get arrested in Miami Beach.C) Issue a due diligence opinion letter.D) Be acquitted of all charges in Federal Court...
A NEW IDEA
Posted on February 10, 2008The City of Miami Beach Police Department has apparently come up with a new way of avoiding those pesky problems that come with pre-filing a new case: kill the defendant. As reported HEREby the Miami Herald a man died after a fight with Miami Beach Narcotics Detectives...
HI! How are ya doing?
Posted on February 09, 2008This being South Florida, the water or the air is different and things like this happen:An attorney who went to Federal Court in Broward in support of her husband who is on supervised release, is now in solitary confinement for shaking the hand of the AUSA...
JON MAY SPEAKS ABOUT BEN KUEHNE
Posted on February 08, 2008We received this email from nationally known criminal defense attorney Jon May (who was a Federal Prosecutor before he joined up with the good guys.)STATEMENT OF JON MAY INSUPPORT OF BENEDICT P. KUEHNE An innocent man has been charged with a crime...
BEN KUEHNE INDICTED
Posted on February 07, 2008BREAKING BLOG NEWSRumors have persisted for months and today the Miami Herald reportsHERE as breaking news that our respected colleague Ben Kuehne has been indicted by a Federal Grand Jury for money laudering. He is surrendering in Federal Court today...
THOMPSON V TUNIS continued
Posted on February 06, 2008OK, here's where we are in this brouhaha:Mr. Thompson claims that Florida Statute 876.05 requires all elected officials to file a loyalty oath before taking office. The oath that is filed must be notarized. Mr. Thompson has obtained two oaths said to be executed by Judge Tunis and he alleges that one of them is forged and not her signature...
FIRST IN THE DCA LAST IN DECORUM
Posted on February 05, 2008UPDATED: THE LINK TO THE ARTICLE IN THE ST PETE TIMES WORKS.Several alert readers have alerted us to the ARTICLEin the St. Pete Times about the goings on in the First DCA.Judges filing complaints against each other.Judges getting concealed weapons permits...
Judge Butchko
Posted on February 04, 2008A controversy of sorts erupted on the blog last week as readers wrote in- pro and con -on relatively new Circuit Court Judge Beatrice Butchko. We?ve been toying with a top to bottom evaluation of the Judges in our little building. Starting with the sixth floor and working our way down to two, we?ve been thinking of a way to encourage readers to talk about the good, the bad, and the judicial, in the REGJB...
GIANTS WIN!!!
Posted on February 03, 2008GIANTSWINAnd Rumpole told you to take them to win, no points needed.The 72 Dolphins remain perfect, and the Cheaters get what all cheaters deserve: a big fat loss.Eli is the MVP and Brady is DOA.Site Feed
SUPER SUNDAY
Posted on February 03, 2008BLOGGING LIVE DURING THE GAMENO MODERATION(BEHAVE)The line is the Cheaters minus 12, the over/under is 54.First the lock of the day: tails is 110, meaning you have to bet 110 to win 100. Do it- it?s a Rumpole lock.OK- the easy stuff first: The Over is 54 and we like it...
THE KICK
Posted on February 02, 2008Lawrence Tynes stood exactly seven yards away from the ball. The ball was on the 33 yard line. The sunlight had already faded in the University of Phoenix Stadium and the lights had been on for sometime now. The roar was a deafening din, but Tynes heard nothing...
MEAN RUMPOLE
Posted on January 31, 2008In the wake of our criticism of the FACDL and Judges Blake and Slom, we have been flooded with emails telling us in so many words to back off and give these guys a break. Criticizing these guys is apparently akin to kicking a puppy. For instance:"Rumpole: I think you need to work on your interpersonal skills...
REAPING WHAT WE SOW
Posted on January 30, 2008The unintended consequences of the budget cuts in the Justice System are detailed here in this DBR article. DBR From the article that details the delays in a criminal case in which a person was shot and his wife was murdered: "The Sutton case illustrates what may end up becoming a constitutional crisis of massive proportions in the state?s court system...
JUST WONDERING
Posted on January 29, 2008How is that Sy Gaer memorial coming, FACDL head honcho Barry Wax? You know, the one with a his small black book and a picture of Sy? Any day now?Why did it take a lawsuit for JAC to pay court reporters the bills for work they performed? Is JAC getting as bad as health insurance companies?When (if ever) is the SAO going to address the allegations of sexual harassment by one of the division chiefs they just fired? Or does quitting mean never having to say you're sorry?In this day and age when judicial restraint are the code words for appointment and advancement in the federal system, by what right and what power does a Judge tell an acquitted defendant that he cannot speak about his ordeal at the hands of the government? Do any of the chief judges give a damn that there is no parking and it takes a freaking hour (that's a legal term they teach in law school...
STAR WARS
Posted on January 28, 2008EPISODE IV: A NEW HOPEIt is a period of civil war. Rebel Court reporters, striking from their hidden base, have won their first victory against the evil galactic and Florida Empire, JAC. During the battle, rebel spies managed to steal secret plans to JAC's ultimate weapon: the thirty six page request for reimbursement form...
THIS SPACE FOR RENT
Posted on January 26, 2008The football season has dwindled down to its final game: Next Sunday is Super Bowl Sunday. Most americans will spend the morning in their favourite house of worship, before solemnly settling down to four to six hours of lust, greed, gluttony, and over indulgence...
ROME IS BURNING?
Posted on January 25, 2008Nope. But the Monte Carlo hotel in Vegas is on fire!!!!!And congratulations to ASA Flora Seff on being named Prosecutor of the Year.The Herald article is HERESite Feed
HECKLE THE CHIEF JUDGE TONIGHT
Posted on January 24, 2008Tonight. One night only. Those crazy and wild lawyers at the 11th Circuit Historical society are doing it again with a wild Symposium in which Chief Judge Joe Farina and former Chief Judge Gerald Wetherington will appear together in a reunion rivaling the Beatles reunion in historical significance and pure entertainment...
IF IT'S TUESDAY, THEN IT'S ALSO MONDAY IN MIAMI
Posted on January 23, 2008(undated Herald Photo of Miamians waiting in line on Tuesday after the former federal holiday celebrating the birthday of Rutherford B Hayes.) Something has got to be done.The system is breaking down.We are speaking of Tuesday trial days when Monday is a holiday...
WHO'S WEARING THE WHITE HAT THESE DAYS?
Posted on January 22, 2008Not Prosecutors in Virginia.In the State Of Virginia?s relentless pursuit to execute a retarded man (See, Atkins v. Virginia 536 U.S. 304 (2002) ) we now know the reason the prosecutor?s are so angry: Mr. Atkins may well be innocent of the accusation that he was the trigger man in a robbery...
NELAN SWEET HAS PASSED AWAY
Posted on January 20, 2008We read with sadness this morning in Joan Fleischman's column in the Herald, that former municipal court Judge Nelan Sweet passed away at age 85. There is a service today, Sunday, at 2:30 at Mt. Nebo at 5505 NW 3rd Street.Old timers will remember Mr. Sweet in the courtroom as a courteous attorney...
CHAMPIONSHIP SUNDAY
Posted on January 19, 2008And now the games are down to a precious few: two tomorrow, and then a bittersweet finale two weeks from now. Bittersweet because once again, going on some twenty plus years since our last super bowl appearance, our home town Dolphins just barely missed the playoffs...
JUST WHEN YOU THOUGHT IT WAS SAFE
Posted on January 17, 2008to go to court and get appointments,THE ROC IS BACK!The Supremes have spoken HEREThe Stay is back in effect.ROC n roll.Site Feed
HAPPY BIRTHDAY
Posted on January 17, 2008To the "Greatest" of all time. He's 66 today. There he is, standing over Sonny Liston, in Lewiston Maine, May 25, 1965, having thrown "the phantom punch." Only a real boxing aficionado could tell you that former heavyweight champ Jersey Joe Wallcott was the third man in the ring that night...
SECOND AMENDMENT SHOWDOWN
Posted on January 15, 2008The Supreme Court is scheduled to resolve a conundrum they haven?t addressed in over sixty years: How can they look at themselves in the mirror every morning having voted to stop the re-count in Florida in 2000?No, seriously: just what does the second amendment mean and what does it protect??A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear high powered semi-automatic weapons shall not be infringed...
FORMER JUDGE ELEANOR SHOCKETT HAS PASSED AWAY
Posted on January 14, 2008UPDATED BELOW:The details are sketchy, and we believe her funeral is scheduled for January 27th @ 11:00 A.M. at Temple Judea, Coral Gables.We suggest you check the Herald Obits for further details.We did not really know Judge Shockett so we are unable to provide any memories or details about her life and work as a Judge...
OUCH
Posted on January 14, 2008A couple of us are saying "ouch" today.First Rumpole, utterly beaten on Sunday, picked both games incorrect, after picking both Saturday playoff games correctly. Not only did this hurt, but we didn't see it coming, it was totally unexpected, and we'd probably make the same bets again...
NFL SUNDAY
Posted on January 13, 2008Both of todays games are like low hanging fruit on a tree. Take both home teams and give the points. Simple as that.Take the Indy/Charger over 47. 2-0 yesterday on lines. Green Bay after a shaky start was the pick of the weekend. The Cheaters couldn't cover so our Jax pick paid off...
GAG ME WITH A LENARD
Posted on January 12, 2008The Sun Sentinel reports HEREon our favourite Federal Blogger, David O Markus with a K, and the gag order issued in the Liberty City Seven case.Lenard issued a "gag order" that included Queen Elizabeth, Janet Reno, Sylvester Stallone, "every resident in any zip code that begins with 3...
NFL SATURDAY
Posted on January 12, 2008Green Bay hosts the Seahawks today in the early game while the Jaguars travel to New England to play the 135-0 Cheaters. Both lines have moved since the opening and that merits discussion. The Packer/Seahawk game opened at GB-8.5 and it is now GB-7.5...
TIMONEY "LAWYERS UP."
Posted on January 11, 2008You've seen it a hundred times if you've seen it once.The police are investigating your client. He or she is under arrest. They take them to that small windowless interview room and cuff them to the bench and let them stew for an hour or so thinking about their fate...
COURTHOUSE STUFF
Posted on January 10, 2008We are gratified to run this blog when we can do something like host a site where people can comment on their remembrances of someone like Alvin Goodman who has just passed away.The comments about Alvin reflect a life well lived. Alvin was an original...
A MURPHY MIRACLE?
Posted on January 09, 2008The Herald (via our Oh Susannah Nesmith) is reporting HEREnothing short of a miracle!Judge Murphy has accomplished something that legions of prosecutors, not to mention judges, have been unable to do over the years: he silenced Richard Sharpstein!!!!...
ALVIN GOODMAN HAS PASSED AWAY
Posted on January 08, 2008A day for sad news continues as word reaches us that everyone's favorite Lawyer cum Magician, palm reader, Boxing Aficionado, and dabbler in the occult has passed away. Like Sy Gaer, Alvin was a true REGJB original. He could represent you, and make the Ace of Spades rise out of your shirt pocket...
MIAMI DETECTIVE JAMES WALKER SLAIN
Posted on January 08, 2008Tragedy strikes our City and police force again today.The Miami Herald story is HERESite Feed
HAPPY?
Posted on January 07, 2008Happiness is a warm puppy. Is it also a job at the SAO?The comments on the blog are mostly about whether assistant state attorneys are happy, and whether the SAO is a good place to work. The events surrounding the Christmas Eve Massacre cannot have improved morale...
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Divorce what will I get if all is in his families name?
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