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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

HAPPY FOURTH OF JULY

Posted on July 03, 2010
The Bluffs at Martha's Vineyard. Here is the news you need as a responsible blog reading lawyer, heading into the Fourth of July Weekend. Check back often, as it raises the stats on our hit counter, and we will update the blog as events warrant. Item one: February 1865 was the only month in recorded history not to have a full moon...

DHSMV DISASTER!

Posted on July 01, 2010
We received this emergency communiqué from the Colonel Of County Court:Rumpole- get this our right away. Comminque' from the field from the Colonel of County Court:Listen up soldiers, there is a new offensive that we need to counter. For those of you who practice DUI you know that there are two ways your client can lose his or her license...

3RD DCA ROUNDUP-CORNERED EDITION

Posted on July 01, 2010
HOLIDAY WEEKEND UPDATE:Unlike other blogs of local import who have mailed it in for the next four days, we will be up and running, providing updates, posting comments, and providing you the service you have come to expect of a superior legal blog. Make sure to read Saturday's blockbuster post with a sneaky Supreme Court Trivia Question...

GUNS

Posted on June 30, 2010
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.If this girl had a gun, she probably would not have been attacked. Site Feed

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THE POLITICS OF OIL AND WATER AND IDIOTS

Posted on June 29, 2010
HALEY BARBOUR IS AN IDIOT.For seventy days Haley Barbour, the Governor of Mississippi and former head of the Republican National Committee has loudly complained that fears of oil reaching Mississippi's coastline was created by the liberal media. Barbour, a former lobbyist for Oil Companies, and whose run for Governor was financed in part by large oil companies, has also been an outspoken critic of the government's ban on new offshore drilling, and has spoken against the use of Obama's "big government" against "private oil companies...

WOE UNTO US

Posted on June 28, 2010
Germany 4 England 1. The World Cup has ended for us. Please don't mention this for another 4 years or so. True fact: In the stands during matches between Germany and England, the German fans chant "3 world cups" because of the German championships won...

ALLS WELL THAT ENDS WELL

Posted on June 28, 2010
There is for once, a happy ending to a startling and sad kidnapping caper:From: David SisselmanSent: Monday, June 28, 2010 12:03 PMTo: All BHB Building UsersSubject: Thank You for your kind thoughtsTo all of you who have wished me well in my time of loss, Thank You for your kind thoughts...

WELL DONE LADS

Posted on June 26, 2010
It was with a mixture of bemusement and haughtiness that we watched the American team in the world cup. Getting a tie against our beloved boys from England two weeks ago was difficult to swallow. But these Yanks had pluck, coming from behind again and again...

FRIDAY NEWS

Posted on June 25, 2010
Here's the news you need heading into your penultimate July 4th weekend. The Florida Supreme Court overturned the death sentence for one of the defendants who partook in a brutal kidnapping, rape and killing of an innocent young woman named Ana Maria Angel...

3rd DCA ROUNDUP-QUANTUM MECHANICS EDITION

Posted on June 23, 2010
We continue our semi regular review of decisions by the best damn appellate court* on or near the FIU campus. We start with a case from the Keys: In Bruce v. State, the lesson here is strictly for our robed readers: You can no longer deny pro se motions with impunity because a defendant has counsel...

REVEALED!!!

Posted on June 22, 2010
That Judge who was harassed by that "Gorilla Monsoon" looking gendarme was none other than retired Judge Rick Margolius, a/k/a Ric Zweig, as his website here explains everything. Ric writes in the "royal we" on his site, as we do here, and that says something about class...

WHO WAS THAT MASKED MAN II?

Posted on June 21, 2010
We received an email from a Judge. Can you tell who wrote it? Play for valuable prizes. We'll post the answer with a surprise tomorrow. I had something interesting happen last friday as I entered the hallway to 524 on the 5th floor. Two Metro cops were exiting as I was entering, so I didn't need to enter the security code...

JUNE 18, 1940

Posted on June 19, 2010
On the BBC on June 18, 1940, radio's crackled across France with a familiar voice announcing:"This is General Charles De Gaulle" . On June 17, 1940 Vichy France surrendered to nazi Germany. And the very next day, and seventy years ago Friday, General De Gaulle announced the French Resistance...

HERSCH STANDS HIS GROUND

Posted on June 17, 2010
The title of the post links to a fascinating decision in State v. Yaqubie. Yaqubie stabbed and killed someone. Own our Richard Hersch came to court on behalf of Yaqubie armed with self defense. Under Florida's new self defense statute, the defendant is entitled to seek immunity from prosecution pursuant to section 776...

NINO AND DAVID

Posted on June 15, 2010
Longtime and careful readers of our blog and Mr. David O Markus with a K's blog know that Mr. Markus has engaged in a long and continuing battle with us over Justice Antonin Scalia. Despite his Harvard education, Mr. Markus somehow clings to the belief that Justice Scalia is the best friend a criminal defense attorney has on the US Supreme Court...

WHO'S THE MOLE? AND FUN AT FDC

Posted on June 14, 2010
DRAMATIS PERSONAE: Attorney Brittney Horstman who was stopped from entering FDC (that's the Federal Detention Center for our state court robed readers.) Jay Weaver- Miami Herald Reporter following a "hot" story. Brian Tannebaum, Miami attorney; bon vivant, and current present of the statewide Florida Association of Criminal Defense Attorneys...

OUR SENTENCING POLICIES

Posted on June 13, 2010
In the comments section someone wanted to know where we got our information on the rate of incarceration in the US versus other countries. The title of the post links to the NY Times article that has current statistics. In our view the statistics in this article support our contention that the sentencing system in the US is severely broken and needs to be repaired...

IN DEFENSE OF RUMPOLE

Posted on June 11, 2010
RUMPOLE DEFENDS HIMSELF: I am surprised that based on the level of experience and intelligence of our dear readers that no one gets my point: I AM NOT DEFENDING SCOTT ROTHSTEIN. His crimes are indefensible. I am criticizing the specific sentence in this case and our overall sentencing philosophy...

50 IS WAY TOO MUCH

Posted on June 09, 2010
As we all know by now, Federal Judge James Cohn sentenced former attorney-ponzi schemer Scott Rothstein to 50 years in prison. Rothstein turns 48 on June 10, 2010. This sentence is way too severe. It was ten years more than the government asked for, and twenty years more than the defense asked for, and 30 years more than former attorney-ponzi schemer Marc Dreier received for his crimes in NYC...

ELECTION DAY TUESDAY

Posted on June 08, 2010
Before we get to the races across the country, a little local business. The final piece of the Scott Rothstein puzzle was filed yesterday as the Government, through former Dade ASA Larry LaVecchio, asked for 40 years for the Ponzi-Schemeing attorney...

YOUR TAX DOLLARS AT WIORK

Posted on June 08, 2010
THIS IS BIG NEWS. So big, that we're just soooo excited. Or....hmmm...how can we put this? We're all atwitter at this exciting news. ( Steady now)The 11th Judicial Circuit....our lovable Judiciary.... IS ON TWITTER!!!!! Yes, if you just can't get enough of your favourite robed reader in court, now you can follow their musings on Twitter...

RUN RUMPOLE RUN

Posted on June 07, 2010
Good morning. Today is June 7, 2010, the start of the second REGJB trial week in June. For those of you following the "Baby Lollipops" re-trial, the trial starts next Monday - June 14, 2010 before Judge Reemberto Diaz. The trial is State v. Ana Maria Cardona, and the young boy who was murdered was 3 year old Lazaro Figueroa...

NEWS FOR THE WEEKEND

Posted on June 05, 2010
Good Saturday morning and here's the news you need heading into the post Memorial- Day holiday weekend.We're in our Nation's Capital for the 21st running of the Susan G. Kormen Global Race for the Cure® where according to Mike Allen's Playbook post, over 41,000 people will participate, including 3,500 cancer survivors, and many from South Florida's legal community, possibly including you know who...

QUICK FRIDAY UPDATE

Posted on June 04, 2010
Today is a travel day for us, so until we land, unless the wifi is working on the plane, here is a quick update:Judge Reemeberto Diaz, who still could care less about what a county court judge thinks, is presiding over the re-trial in the tragic "Baby Lollipops" homicide...

OUT OF ORDER

Posted on June 02, 2010
The people who maintain and repair the REGJB escalators decided that on a Tuesday following a Monday holiday was the perfect time to shut down the escalator from the first floor. Of course chaos (not pictured) ensued. The escalator repair company blamed the snafu on the company that advises them on repairs: BP...

DRILL BABY DRILL

Posted on June 02, 2010
Here is Sarah Palin talking about "environmentally safe and friendly" off shore drilling during the Presidential campaign.Here is Sarah Palin today reminding the liberal environmentalists why she always wanted to drill only in safe on-shore sites:Xtreme Greenies: see now why we push 'drill,baby,drill' of known reserves & promising finds in safe onshore places like ANWR? Now do you get it?" the former Republican vice presidential nominee wrote Tuesday evening on her Twitter account...

BACK TO WORK TUESDAY

Posted on June 01, 2010
Good Tuesday Morning! It's the first working Tuesday of 2010 June. Today is June 1, 2010, the 152nd day of the year. There are 213 days remaining. In 1792 Kentucky was admitted to the Union. In 1812 James Monroe asked Congress to declare war on our UK and last year General Motors filed for bankruptcy on this date...

HAPPY MEMORIAL DAY WEEKEND II

Posted on May 30, 2010
The view from the beach we're running on every morning. (OK. Part walk, part run. But it's still exercise.)Here's a Memorial Day Weekend update because we're just in one of those moods. Here's a nice Sun Sentinel article on Federal Judge James Cohn. "A true southern gentlemen" is how he is described...

HAPPY MEMORIAL DAY WEEKEND

Posted on May 29, 2010
Good morning. It's Memorial Day Weekend and here's the news you need to enjoy your weekend. IT'S THE CONSTITUTION, STUPID.Meet Judge Beatrice Butchko- former prosecutor; spent time in private practice; appointed Circuit Court Judge, and self described (drum roll please)DEFENDER OF THE CONSTITUTION!Under an April 25, 2010 (why did it take Rumpole so long to address this story? See below) Miami Herald Headline "Miami Dade Judge Blasts Flawed Public Defender System" Judge Butchko said this in response to a PD who announced she was not ready for trial because she was overloaded with cases: 'We're not in some Third-World nation where the Constitution means nothing...

TRY IT AND LOSE IT

Posted on May 26, 2010
For those of you who have never been in a courtroom as a trial lawyer, (and yes that includes most of you robed readers) have you ever wondered what really bothers us about Broward? No it's not the horrible parking, or the sanctimonious Judges who in the past would blatantly discriminate against attorneys from Dade and their clients...

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