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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

CINCO DE MAYO

Posted on May 05, 2009
HAPPY 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

Posted on May 04, 2009
Before 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, 2009
Rick 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, 2009
Today 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...

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JOHNNY K NEW CIRCUIT JUDGE

Posted on April 30, 2009
John 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, 2009
UPDATE 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, 2009
Lots 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, 2009
Rick 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, 2009
Starting 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, 2009
The 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, 2009
Judge 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, 2009
The 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, 2009
At 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, 2009
We 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, 2009
If 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, 2009
David 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, 2009
arrrrgggg.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, 2009
We 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, 2009
One 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, 2009
If 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, 2009
Phil 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, 2009
In 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, 2009
BOOM. 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, 2009
Judge 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, 2009
After 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, 2009
Judge 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, 2009
This 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, 2009
Rumpole?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, 2009
Goodbye 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, 2009
Now 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 ...

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