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Criminal Law

Justice Building Blog

Discussion about and between the judges and lawyers who labor in the world of Miami's criminal justice.
By "Captain Liberty" and "Rumpole"

Post Frequency: 3.5/day

Last Entry: November 04, 2020 at 06:48:00

NFL WEEK 16 2010

Posted on December 26, 2010
Things could not be any closer as the season winds down in our pick-em contest with David Markus. With two games left in the regular season, and although we didn't discuss it we are willing to extend this to the super bowl, Mr. Markus is at 8-5-1 while we are at 9-6...

NEIL ROGERS HAS PASSED AWAY

Posted on December 25, 2010
He was the very best there ever was at what he did. He entertained millions of us for decades and when we weren't laughing we were debating some of the thought provoking ideas or comments he had. I have missed him since he went off the air.Rest In Peace Uncle Neil...

XMAS EVE EVE

Posted on December 23, 2010
UPDATE: YOUR NEW CIRCUIT JUDGE- JUST IN TIME FOR CHRISTMAS: DARRIN GAYLES. WELL DONE GOVERNOR CRIST! On the eve of Christmas Eve, here's the holiday scoop:Miami Dade Courts are open today, although the clerks office will probably close at 12:00 or 1:00 PM...

RARE EVENTS

Posted on December 21, 2010
Today/Tonight is the winter solstice (when the sun is at the lowest point in the northern sky for the year) and a lunar eclipse! "So what's so special about that?" you say? Well, it happens about once every two thousand years. According to the Washington Post, the last time both events occurred on the same day was in 1638 or perhaps 1544 (either way it was a long time ago, even before there were lots of Starbucks...

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CHRISTMAS WEEK

Posted on December 20, 2010
Anybody in trial? We think Judge Cooke in Federal Court was starting a trial today, but you know those guys over there...scrooges one and all (even nice ones like Judge Cooke.) DOM Picked the Giants on Sunday and boy was that ending a shocker! We kept saying all day long Vick would lead a comeback, but we didn't see it ending that way...

NFL WEEK 15 2010

Posted on December 18, 2010
We're going to try and get back on track with some old favourites, specifically the Eagles, in New Jersey, getting 3 points playing the Giants. Risking 300 Andy Reids on this game. We also like the Saints at the Ravens. The Ravens barely squeaked out an OT win last Monday night, while the Super Bowl Champs are peaking at the right time and are fighting for the division with the Falcons...

IS JUSTICE BLIND?

Posted on December 16, 2010
?That Justice is a blind goddessIs a thing to which we black are wise,Her bandage hides two festering sores, That once perhaps were eyes.?Langston Hughes, 1923. The title of the post links to a NY Times article on a new book arguing against the concept that Lady Justice was meant to be blind...

TOY DRIVE THURSDAY

Posted on December 15, 2010
Thursday at the PDs office there is a CLE seminar from 12:-1:30. It is free and lunch is provided (expect to see a lot of robes blowing in the frigid breeze as they hustle over to 14th street to grab the free grub.)Price of donation for attorneys is one unwrapped toy which will be donated to the Chapman Center and given to an underprivileged child for the holiday...

JAIL VISIT GUIDELINES UPDATED

Posted on December 13, 2010
OK, we're back. Sort of. Not really into it, but we'll try. From Rick Freedman comes this jail visit update: The new policy, outlined below, which goes into effect December 15, 2010, is listed here on Correction's website (they also have great deals on amazon dot com electronics) In June of this year I began meeting with the Miami-Dade Department of Corrections & Rehabilitation...

REST IN PEACE ROBERTO PINEIRO

Posted on December 12, 2010
UPDATE: While we could not attend the funeral Sunday, we have received several emails confirming an astonishing fact: that two of Rob Pineiro's closest friends who eulogized him mentioned this blog! We are humbled. We are told that one of his best friends quoted our brief statement that "he was not a good man, but a great man...

ROBERTO PINEIRO

Posted on December 09, 2010
The title of the post links to an expanded article by Herald writer David Ovalle and it is an excellent piece. A memorial service will be held at 2 p.m. Sunday, Dec. 12, 2010, at Temple Beth Moshe, 2225 NE 121 Street, North Miami, Florida 33181.Burial will be at Lakeside Memorial Park, 10301 NW 25th Street, Miami, FL 33172, immediately following the service...

JUDGE ROBERTO PINEIRO REMAINS IN THE HOSPITAL

Posted on December 07, 2010
UPDATE: Rob Pineiro's condition remains extremely serious. As several comments have indicated, including an eloquent statement by our State Attorney Ms. Rundle, his wife Barbara appreciates all the well wishes and prayers but wants to make sure everyone knows that this is a very personal time and the family wishes to be with him at the hospital without anyone outside of the family, no matter well intentioned, being present...

BAH...HUMBUG!

Posted on December 06, 2010
UPDATE: The temperature will dip down tonight into the low 40's and perhaps the high 30's as you move inland away from the ocean. Tomorrow the high will be 60 and the low will be 40. Time to turn on those heaters and dress warmly. UPDATE: The Governor selected ASA Charlie Johnson as your next County Court Judge...

NFL WEEK 13 2010

Posted on December 05, 2010
First the numbers- 1-2 last week, 24-17-1 for the season, +1880 for the year. Both DOM (7-5-1) and Rumpole (9-3) lost last week. This week Mr. Markus hops on the struggling Colts -5 at home against the resurgent Cowboys. Tough week, not a lot of games look good with our metrics...

COLODNY JQC CASE CLOSED

Posted on December 04, 2010
The title links to the Florida Supreme Court Decision. Judge Colodny has a date in Tallahasee for a public reprimand by the Florida Supreme Court. Since the Court tapes its proceedings, you will be able to tune in and watch the Chief Judge yell at her...

LIFE IN PRISON

Posted on December 03, 2010
That was the jury recommendation Thursday night for Grady Nelson, a defendant before Judge Jackie Scola in a trial that has been going on for the last several weeks. A great defense was set forth by Terry Lenamon and David S. Markus and they saved this man's life...

FIRST POST IN DECEMBER 2010

Posted on December 02, 2010
UPDATE: The JAA Broward Blog reports that controversial Judge Cheryl Aleman has passed away after a bout with lung cancer. Their blog has all the details. Good Thursday morning! It's December 2, 2010 and the year is winding down. When the sun rose this morning at 6:51 am we were already back in our abode having completed a leisurely bike ride...

THE HEAT IS ON (the downslide)

Posted on November 30, 2010
UPDATE: This just in: Hurricane season is over! A quiet season that spared South Florida is just another reason we are thankful this holiday season. Best of Luck to Miami Candidates Judge Andrew Hague and Attorney Jeffrey Swartz as they interview for the job of Statewide Prosecutor...

JUSTICE STEVENS

Posted on November 29, 2010
If you didn't catch it on 60 minutes last night, this interview with Justice Stevens is well worth the time. His insights on court issues large and small are gems. His criticism of Bush v. Gore is right on the money as is his view on Citizens United. Both cases show that "conservative" judges have no problem with legislating from the bench and being "activist" so long as the issue is important to their cause...

NFL WEEK 12 2010

Posted on November 26, 2010
Good Sunday morning. The Dolphins are in Oakland and we're in a zone. We won our Turkey Day pick when the Cowboys came storming back in the second half and lost by three while getting four at home against the Saints. We're 23-15-1 for the season, +2420 for the season and 9-2 against DOM (7-3-1)...

BLOG MAINTENANCE

Posted on November 24, 2010
A few house keeping matters this short holiday week.A thank-you to the Captain for remembering our birthday last week. You know how it is, the older you get the less you like your birthdays. Just how many Heat seasons has it been since some cocky federal lawyer shot his mouth off to the press that before the end of basketball season our identity would be known? He thought he was dealing with an amateur...

YOU'RE RIGHT-YOU'RE WRONG

Posted on November 23, 2010
Let's take a look at some recent comments:Rumpole is wrong: Anonymous said...KUDOS to 9:54 a.m.! Rumpole, weren't you a little harsh on the original poster? Come on now, this isn't about folks trying to make it in this big melting pot we call Miami. It's about folks who can't effectively communicate in English (note I did not refer to it as the official language) & who take great pleasure in working against the lawyers who are necessary elements of the system -- all the while proudly parading giant chips on their shoulders...

BROWIERD....AGAIN V.2.0

Posted on November 23, 2010
If it wasn't for those wacky Judges North of the Border, dozens of bloggers would be out of work.Courtesy of one of our favourite blogs, Bob Norman's The Daily Pulp, comes this scholarly and thoughtful email from Judge Joel Lazarus of the "proud and fighting 17th Judicial Circuit Robe Wearers Brigade", to all his troops and Judges...

BUREAUCRACY

Posted on November 22, 2010
We received this email:Rumpole: Help!Here is a description of my encounter with a an individual who works for a particular agency in the Justice Building. My goal was merely to provide them a certified copy of a motion to transport. I won't name the agency, but it rhymes with "directions"...

NFL WEEK 11 2010

Posted on November 20, 2010
Good morning and welcome to week 11 in the NFL!Here are the numbers: +2350 for the season; 21-14-1 in our picks. DOM is 6-3-1 and Rumpole is 8-2. Green Bay is at Minnesota. At 3-6 the Vikes are one loss away from being all but officially eliminated from the big dance and nobody more than the Packers would love to drive that stake through the heart of the ageless vampire Brett Favre...

JURY OUT IN LEYRITZ

Posted on November 18, 2010
North of the Border the jury is out in the Jim Leyritz trial. We can't call it a DUI/Manslaughter trial because the Judge JOA'd the state on that one. A Driving with Unlawful Blood Alcohol Level (UBAL) Manslaughter charge is the only felony remaining...

FACDL UPDATE

Posted on November 17, 2010
Lots of news about the FACDL (Motto: "Dues, please") so lets get right to it:Item one: Congrats to Arnie Trevilla who won a DUI trial before Judge Miranda yesterday. But just to show you that his heart is in the right place, here is his email when the jury went out, and kudos to his praise of the judge BEFORE the verdict: arnoldtrevilla@gmail...

COUNTY COURT CONTINUED

Posted on November 16, 2010
First- for the unenlightened few who read this blog and left comments yesterday, how difficult is it to understand that we did not write the post? It was written by a contributor who calls him or herself (their identity is unknown to us) The Colonel of County Court...

NFL WEEK 10 2010

Posted on November 14, 2010
Good Miami Dolphins-Chad Pennington -Football Sunday!It's a beautiful day and the Dolphins have a new starter at QB. Fun fact: two players making their first start for their teams today in Miami -Chad Pennington and Randy Moss- both played college football at Marshall...

COUNTY COURT CRISIS?

Posted on November 14, 2010
A report from the Colonel Of County Court:Good morning Rumpole and readers, with a criminal county court bench in flux (two judges- Bloom and Seff are out in the new year) there are troubling issues that are already bedeviling county court. These issues are reported after several weeks of witnessing most of these problems myself and with speaking with several long time county court practitioners PROBLEM #1 EX PARTE COMMUNICATION: Judges (and prosecutors who are being encouraged by Judges), are routinely engaging in ex parte communication with clients in an effort to clear their courtroom...

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