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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

ARE YOU READY FOR SOME FOOTBALL!

Posted on September 21, 2009
Are you ready for some football?We are. Go Fins!Site Feed

FOOTBALL 2009 WEEK TWO

Posted on September 20, 2009
This 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, 2009
SUICIDE 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, 2009
We 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...

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The Jewish Service Heard Round the World: Live from Germany

Posted on September 18, 2009
Tonight 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, 2009
Here'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, 2009
Judge 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, 2009
UPDATE 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, 2009
UPDATED 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, 2009
Many 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, 2009
It 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, 2009
NFL 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, 2009
Antietam. 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, 2009
This 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, 2009
We 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, 2009
Fast 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, 2009
Steelers 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, 2009
Eyewitness 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, 2009
Enjoy 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, 2009
We 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, 2009
It'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, 2009
UPDATE: 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, 2009
New 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, 2009
It 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, 2009
THE 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, 2009
The 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, 2009
We 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, 2009
Better 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, 2009
Senator 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, 2009
The 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...

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