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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

MORONS AT WORK

Posted on March 18, 2010
We couldn't make this up if we tried: The Florida Legislature, in a mad dash to pander to the gun lobby, to gun nuts, to the NRA, and in general to right wing lunatics, have spent their time in session drafting and approving a bill that PROHIBITS adoption agencies from inquiring of prospective adoptive parents whether there is a firearm in their home...

3rD DCA ROUNDUP -The Road to hell edition

Posted on March 17, 2010
The road to hell is paved with good intentions. In State v. McCray, Judge Murphy sentenced a defendant who scored 21 months prison to two years probation, 100 community service hours, participation in a jobs program, and $205.00 restitution. The road to hell and a reversal by the 3rd DCA is paved with both good intentions, and failure to file written reasons for the download departure or failing to contemporaneously pronounce on the record the reasons for the downward departure...

NOW IS THE TIME TO HELP HAITI

Posted on March 16, 2010
When all the cameras and CNN and MSNBC are gone, people are still suffering in Haiti. Now is the time to help. We received an email from an attorney who enclosed a story about his legal secretary who is from Haiti. Her mother runs an orphanage in Haiti...

DEFEND BILL GELIN!!

Posted on March 13, 2010
BROWARD BLOG UNDER ATTACK- THE DBR ARTICLE IS HERE. Some nincompoop - blowhard-slug who is (hold your nose....ughh) an insurance defense lawyer and who is president of some organization called the Broward County Bar Association (motto: "duhhh...we hate dade") is taking on Bill Gelin who runs the Broward Blog...

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3RD DCA ROUNDUP -MURDER MOST FOUL EDITION

Posted on March 11, 2010
We start our 3rd DCA roundup with a case that has a conundrum: What do you do when the jury instruction for a lesser has a higher standard of proof then the jury instruction for the charged crime? If you're the 3rd, you wince and certify a conflict. Leggett v...

ON AND ON IT GOES.

Posted on March 09, 2010
The Chief administrative Judge of Criminal Court is rumored to be resigning. The Chief Judge is having a meltdown. Another Judge is just not showing up for work. Dade? Nah. We couldn't be that lucky. West Palm? Get real. It can only be our favourite County in all of Florida...

CRIME IN MIAMI

Posted on March 08, 2010
Believe it or not, Miami has a Museum. And this Museum (The Historical Museum Of South Florida) has a "Crime In Miami" exhibit with historical artifacts from the criminal courts in Miami, including an actual legal pad used by Sy Gaer!One devoted reader wrote in about the exhibit:I thought you might want to inform your readers about the Crime in Miami exhibit...

COUNTY COURT REPORT

Posted on March 08, 2010
Our Colonel of County Court has a report, but before we get to it, we are happy to report that Attorney Bob Lamons, stuck down on Friday with a medical incident, is fine and on his way to recovery. REPORT FROM THE COLONEL OF COUNTY COURT. Gather round and take a knee soldiers...

THOSE WACKY JUDGES AND LAWYERS FROM YOU KNOW WHERE

Posted on March 05, 2010
There is so much going on in Broweird we hardly know where to begin. Lets start with Judge (but not for long) Ana Gardiner. Here's what we know: The girl can chat! Texting and phone calls to her main squeeze -Attorney Howard Scheinberg.Judge (but not for long) Gardiner just caught a JQC complaint...

SOME SAD NEWS

Posted on March 04, 2010
We abandon our veneer of frivolity to alert our readers to some tragic news: We learned this week that Judge Reemberto Diaz's judicial assistant's (who previously was the Judicial assistant to the late Judge Henry Leyte-Vidal) 19 year old daughter was killed in a tragic car accident last weekend...

3rd DCA ROUNDUP -"TO PUT IT MILDLY" EDITION

Posted on March 03, 2010
A very tragic case starts us off today: Stephenson v. State: This is a tragic case in all respects. A young woman with no priors gives birth to a very premature baby, who had numerous serious medical issues concomitant with being born premature. The woman was convicted of aggravated manslaughter of her child via the theory that she neglected the child who starved to death...

NO COPIER FOR YOU!

Posted on March 01, 2010
So there we were at around 9:30 am Monday morning wandering around the 2nd floor looking to copy an a-form and doing our best to hide from a certain judge who wanted to pick a jury at 10am. "Ah. There is Judge Zabel's chambers. Uhho. What's this sign say? 'Due to budgetary cuts...

COHEN/BACKMAN BROWEIRD SUMMARY

Posted on February 27, 2010
Ok. lets summarize- because to keep track of those wild and crazy judges north of the border you need a scorecard and a blogger named Rumpole. Judge Dale Cohen has a massive JQC complaint filed against him after he set out to intimidate a lawyer who had filed a lawsuit to remove Cohen's wife from the judicial ballot in the last election...

SOME SAY SOTO

Posted on February 25, 2010
New ChiefSome say Judge (Bertilla) Soto supplants Stan (Blake) as Stan slips the surly bonds of the REGJB and slinks, slips, and slides to the Lawson center courthouse where he will sit in Family court. Rumour has it that Judge Soto will be our next administrative judge...

WHO AM I?

Posted on February 25, 2010
It's time again to play.....WHO AM I? (Give yourself the corresponding points when you correctly guess the identity of our mystery guest).I am a Circuit Judge. (1000 points) I refused to grant three motions to recuse myself filed by the same lawyer. (950)I sent my wife to another courtroom to try and secretly photograph the lawyer using her cell phone...

JUDGE FLETCHER HAS PASSED AWAY

Posted on February 24, 2010
Judge Fletcher of the 3rd DCA has passed away. The Herald Obit is here. Judge Fletcher was a former Miami County Attorney and the 3rd DCA's resident expert on Land Use issues. Judge Juan Ramirez, now Chief Judge of the 3rd DCA was quoted by the Herald as saying this:In matters of land use, ``his expertise went way beyond mine,'' said Ramirez, now the appellate court's chief judge...

JUDGE BAGELY LOWERS THE HAMMER

Posted on February 23, 2010
On Aventura and its pesky video ticket system. "Unconstitutional"! Says the Judge. The Herald article is here. We just have one question after perusing the article? "Ticket Cricket"?? What the hell is that? BROWIERDFrom the Broward blog comes all sorts of weird stuff about "The Juice Blog" being sued for these posts here and here...

BYE BYE BLAKE?

Posted on February 22, 2010
The rumor is that Judge Stanford Blake, head honcho at the REGJB is rotating to civil. No word on who is replacing him. Good move? Bad move? What say you? Who do you want to see take over the reins as CJ for the REGJB? ("Where have you gone Ralph Person? Our courthouse turns its lonely eyes towards you")Global warming- the good news: probably less hurricanes...

WHO WAS THAT MASKED MAN?

Posted on February 19, 2010
Visitors to felony bond hearing court today may have been a bit startled to see a ghost from the past. Who was that strange fellow sitting on the bench with the long gray pony tail?Just who was that judge who was later seen in Au Bon Pain peddling a CD (proceeds to charity) with his picture on the front canoodling with a well endowed, much younger Panamanian woman? Why none other than the man, the myth, the legend...

3rd DCA ROUNDUP - CIVIL PROCEDURE EDITION

Posted on February 18, 2010
For perhaps the first and last time, we discuss an issue of civil (yuck) procedure.Murray v. State. For all you civil commitment mavens out there be warned: to preserve a sufficiency of evidence argument on appeal not only must you make a timely motion for a directed verdict, but to preserve the issue you must also make a post verdict motion for entry of a judgment in accordance with the motion for directed verdict...

ENOUGH

Posted on February 17, 2010
We've had quite enough of Messrs. Catalano and Hirsch for a while. Time to move on. PD Sisselman reports that Lourdes Simon has been tapped by Governor Quisp to be our newest County Court Judge. Congratulations. Boy has this week been tough. From the comments:Anonymous said...

IN PRAISE OF MICHAEL CATALANO

Posted on February 16, 2010
Michael Catalano, much discussed on these pages in the last few days, does not need anyone to defend him. He is quite capable of doing that himself. We however, do feel compelled to praise him. The facts of this mess are contained in the previous post and the link to the Herald article...

VALENTINE'S DAY

Posted on February 14, 2010
"Love is all you need. "John Lennon. Site Feed

CATALANO WEARS A WIRE

Posted on February 14, 2010
About a year ago a very tragic case occurred: Gabriel Delrisco was driving a car that hit a mini van and killed three children, ages 10, 7, and 4. Michael Catalano is a the defense attorney for Derisco. Catalano complained that civil attorneys for Delrisco offered him a proposition: Have Delrisco say he was drinking at a specific bar in Homestead just before the accident, allowing them to file a lawsuit against the bar, and the family would agree to a lighter sentence...

3rd DCA ROUNDUP VALENTINES EDITION

Posted on February 11, 2010
Before we get to our roundup, a quick briefing from the Colonel Of County Court:The Colonel reports: Alright, settle down. Just a quick heads up. The last few Mondays have seen a significant increase in traffic in county court. Most courtrooms are overflowing with defendants, witnesses, cops and lawyers...

A BROWEIRD MURDER CASE

Posted on February 10, 2010
Last week we wrote about a murder case North Of the Border that ended when the State refused to give an opening statement and then refused to call any witnesses after a jury was sworn. Here is the transcript in what we call Lebow(the judge) v. Rossman (the prosecutor)...

NIGERIA HAS A NEW ACTING PRESIDENT

Posted on February 09, 2010
And we have a new favourite politician : Meet Dr. "Goodluck Jonathan" Nigeria's new acting President who assumed powers today after President Umaru Yar'Adua, who has been ailing and out of the country for the last two months, called the BBC and said he was in Saudi Arabia recovering from a heart condition...

COUNTY COURT IN DISARRAY!!

Posted on February 08, 2010
The Colonel of County Court reports:Alright, remain seated and listen up. We continued our reconnoiter of the Monday County Court situation and things are not looking good. This experiment of no soundings is headed towards failure. The simple reason is that courts don't work if people cannot get into court...

SUPER SUNDAY

Posted on February 07, 2010
UPDATE: If you had Warren Sapp in your arrest pool, you win! Booking Info here. The Ex-Hurricane and Tampa Bay Buc (and Oakland Raider) was arrested Saturday night in a domestic dispute. Who's going to use his SB Ticket? Do they get to watch the whole game at TGK or is it lights out before it ends? SUPER BOWL SUNDAY IN MIAMI...

NOT TO BRAG BUT

Posted on February 07, 2010
WE WON EVERY SUPER BOWL PREDICTION WE MADE!We won our guaranteed super bowl coin toss lock. We picked the first team to score and how (Colts, fg). We picked the under. And most importantly we told you to take the Saints, forget the points and take the odds because the Saints as underdogs would win outright...

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