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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

JUSTICE FOR TED STEVENS

Posted on February 21, 2009
THE RETIREMENT OF LAESER, GILBERT AND WAKSMAN CONTINUED:There are wonderful comments in yesterday's post about the retirement of Messrs. Lseser, Waksman, and Gilbert. We're glad to see some newer ASAs are reading the blog. And we appreciate that many of our readers echo our sentiment that the SAO is just not losing top notch trial attorneys, but also the best teachers for the young lawyers that pass through the office...

LAESER, WAKSMAN, GILBERT TO RETIRE.

Posted on February 20, 2009
The title of the post links to the New Times article. Budget cuts are to blame. The Dade SAO now loses three top trial prosecutors who have over 100 years of combined experience. The loss of these three prosecutors is bound to adversely affect our community...

3rd DCA ROUNDUP

Posted on February 19, 2009
If it's after Wednesday, then it's time for 3RD DCA ROUNDUP. Judge Thomas was reversed and the case remanded for discharge based on a PCA opinion which succinctly stated that there was no founded suspicion much less probable cause to justify the stop, search and seizure...

NEWS AND NOTES

Posted on February 18, 2009
New policy north of the border: in lieu of issuing traffic citations, officers will now let female motorists go with a warning that next time they will "spank their bottom" and a kiss. Check it out here. Courtesy of the Broward Blog. Want to win friends and influence people? Want to be the talk of the town, or at least the federal courthouse? Then go ask our favourite federal blogger David O Markus to be his guest blogger...

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VICTORY!!!!

Posted on February 18, 2009
A Reader wrote in the comments section:Michael Mathers, a real gentleman, gets a NOT GUILTY on all charges in a first degree murder case before Judge Jimenez. The defendant was accused of being the hitman in the killing of a federal witness who had testified against his codefendant, Fat Tony...

TUESDAY MEANS LINES

Posted on February 17, 2009
UPDATE BELOW: ASA David Ranck replies to the opinion and his conduct in Chapinoff.Once again we come to work on a Tuesday with a Monday off. And once again our clients will be faced with inhumanely long lines. Nothing turns people off to the court system then the perception that it is an unwieldily bureaucracy plagued with long lines, and staffed by clerks who do their utmost to frustrate you...

PRESIDENTS DAY QUIZ

Posted on February 16, 2009
Match the quote with the President. The quote is taken from an Op Ed piece each president wrote for the NY Times at some time, not necessarily during the time they were in office. Answers tomorrow. Hint: just because you can figure out the date of the quote, does not mean the president at that time wrote it...

HAPPY BIRTHDAY: TAKE THE A TRAIN

Posted on February 15, 2009
In 1939, when Duke Ellington was living in the Bronx, NY, he invited a "Pittsburgh guy" named Billy Strayhorn to visit him. The directions included: "Once in New York, take the A train to Sugar Hill."Strayhorn arrived and wrote the song to show Ellington that he could write lyrics about anything, including directions to his house...

WHAT CAN BROWN DO FOR YOU

Posted on February 14, 2009
The DBR reports that Joel Brown rolled to a victory as a chief judge, with a "landslide" 62-59 win. The title of the post links to the DBR article. More later. Sartorial Splendor.Ever alert for the need of lawyers to dress for success, we scour the ads and check out the stores, so that you can feel confident we will direct you to the very finest places for suits...

MISERY?

Posted on February 12, 2009
Forbes Magazine (motto: "We used to report on money when anyone had some") has ranked Miami, our fair city, the 9th most miserable city to live in, in the US. And to add insult to injury, we are snugly nestled in between Buffalo, NY, and St. Louis, MO...

WEDNESDAY IS FUNDAY AT THE 3RD DCA

Posted on February 11, 2009
We're not the only one spoiling for a fight, but if you're going to fight, be warned ASA's, it could cost you a conviction. So held Judge Schwartz in Chapinoff v. State, when two mistrials caused by antics, fist-a-cuffs, and "free for alls" between ASA David Ranck and Defense Attorney Syndey Smith were enough to cause the 3rd DCA to vacate the defendant's conviction and remand for discharge on double jeopardy grounds...

LIES; DAMN LIES ...AND

Posted on February 10, 2009
STATISTICS!!As first reported on the Broward Blog here are the acquittal rates for defendants after jury trials :July 2007-June 2007Miami Dade: Circuit 30%; County 49%Broward: Circuit 40%; County 75%Orange/Osceola: Circuit 40%; County 61%The title of the post links to the Florida State Courts Web Site (who even knew THAT existed? Wonder how much money they're spending on that?) There's lots of fun statistics on the site that we're going to play with...

CHIEF JUDGE ELECTION TOMORROW

Posted on February 10, 2009
Joel Brown vs. Ivan Fernandez.Predictions anyone? Our poll has Fernandez ahead 46% to 36%. STIMULUS BILLThe Senate passed the stimulus bill on Tuesday 61-37. Now the Senate and the House have to conference to work out the differences. Query: Which party will have the most clout in these negotiations?If you said "the republicans" you are correct...

JUST ANOTHER MONDAY IN PARADISE

Posted on February 09, 2009
Our new Chief Judge poll is up. Vote. Careful readers of the blog will note our new link with Channel Two's uVu. They promised a a link to our humble blog. Check out uVu. SUPREME COURTWith the illness of Justice Ginsberg, how does that effect the widely anticipated retirements of Justices Stevens and Souter? Stevens has done a superb job, but as the bible says, there is a time for everything, and his time on the court is coming to an end...

BAR SUPPORTS ADOPTION BY GAY PARENTS

Posted on February 09, 2009
The Florida Bar Board of Governors has voted 42-0 to authorize the Family Law section to file an amicus brief in the 3rd DCA in support of Miami Circuit Judge Cindy Lederman's ruling that the state's ban on adoption of children by gay couples violates the Equal Protection Clause...

THE PRICE OF TRUTH

Posted on February 07, 2009
for Everton Wagstaffe is remaining in prison to await the results of a DNA test, although he can leave anytime he wants because he has served 17 years and is approved for parole. The title of the post links to the NY Times article. ?I am willing to sacrifice more to prove my innocence,? Mr...

3rd DCA ROUNDUP

Posted on February 06, 2009
Chief Judge runoff- February 12th, high noon. Judge Ivan Fernandez versus Judge Joel Brown. Details of the vote were faxed seperately to Rumpole last evening by judges Miller and Dennis-Espinosa. If it's after Wednesday, and we don't have anything else to do then it's time for 3RD DCA ROUNDUP!!!!In Martinez v...

NEW CHIEF JUDGE

Posted on February 05, 2009
The Cardinals are in conclave. No white smoke yet. We may not be able to break the news when it happens. There's this horse running at 3 and ...never mind. Site Feed

BRRRR

Posted on February 04, 2009
Good morning. It's 46 degrees. And a cold front is moving through that may make it colder. Welcome to Miami. More on jury questions: The comments section to yesterday's post contained pro and con thoughts on jurors asking questions. But we still have this question: Is it now mandatory to allow jurors to ask questions? If it is mandatory, and the court does not make provisions for jurors asking questions, then is a defendant entitled to appeal if s/he loses at trial? Also, some lawyers wondered whether some questions would require a mandatory mistrial? As we understand it, the rule requires the judge to review the questions before asking those the judge deems appropriate...

ABRAMSON LOSES IN SUPREME COURT

Posted on February 04, 2009
Many of you have followed with bemusement the predicament of West Palm Beach "Circuit Judge" Stuart Abramson, who upon being elected, was promptly suspended by the Florida Bar for 91 days. To be a judge and not be able to practice law, or not be a judge, that is the question, that hung Hamlet like over our dear Thane Governor as he pondered "what to do ...

FORGED IN STEEL

Posted on February 02, 2009
Judge Rob Pineiro said...Dear Friends of Judge Manny Crespo:On my return to Criminal I managed, with the kind help of the AOC, to move into Chambers 625 and Courtroom 6-1?Judge Manny Crespo?s Chambers and Courtroom. I have an 11? by 8? picture of Judge Manny which I have placed in all my assigned courtrooms...

SHOULD JURORS ASK QUESTIONS?

Posted on February 02, 2009
Here's the Herald article summarizing the experiment some south florida judges have been conducting with allowing jurors to submit questions after a witness testifies. The juror writes the question down and both attorneys and the judge review it. If it meets with approval, the Judge asks the witness the question...

SUPER BOWL SUNDAY

Posted on February 01, 2009
And out internet is down. Here's an abbreviated look at the match-up everyone is talking about:THE STEELER DEFENSE VS. THE CARDINALS OFFENSE.The Steelers run a defense like nothing the league has ever seen. When you see 365 pound Casey Hamton, the nose tackle, out in pass coverage, you've seen it all...

SUPER BOWL BREAK DOWN ONE.

Posted on January 31, 2009
Good morning. It is 47 degrees this morning at 6:32 with a windchill of 41 degrees. The high will be 65 today and this cool weather should last through Wednesday. Perhaps our last cold front of the season? Enjoy it. Cardinal Defense versus Steeler Offense:The Arizona Cardinals Defense has been superb in the playoffs...

BROWARD MAYHEM

Posted on January 30, 2009
MUSIC GONE. SEE BELOW. There is so much going on North of the Border today that they get their own post. The title of the post links to the very busy blog. FIRST: A man ran from Judge Imperato's courtroom and was chased by law enforcement. He ran outside and jumped into a canal...

THE CLUB

Posted on January 29, 2009
One of the most elite legal clubs to be an alumni of? Yes, those who practice in Hialeah Branch court are an elite group, as are those who gather for coffee in Au Bon Pain at 7:30 AM. However, when you surpass those elite groups, you ascend to the stratosphere of legal intelligentsia: former AUSAS and United States Attorneys for the Southern District of New York...

I'M GONNA REPORT YOU TO THE BOARD OF BAR OVERSEEERS

Posted on January 28, 2009
Monday it was sentencing ....today it's discovery Federal style. Plus, State PD takes the oath. See below. "I'm gonna report you to the Board of Bar Overseers... "That was a line from one of our favourite movies: The Verdict, staring Paul Newman. The Judge played by actor Miles O'Shea yells that line at Newman after their first go around in court during the trial...

3rd DCA ROUNDUP

Posted on January 28, 2009
COUNTY COURT JUDGES BATTLE FOR PARKING SPOTS.....BELOW. Continuing our new year's resolution (Rumpole's motto: Keeping resolutions for at least a month) we return to the 3rd DCA website to see what's new in criminal law.Smith v. State: Everything you wanted to know about the standards for objecting to a preemptory challenge, but were afraid to ask...

IGNORING THE LESSONS OF HISTORY

Posted on January 27, 2009
UPDATE. (And at 7:20 am, perhaps the earliest update in our history.) This you gotta read. The Broward blog recounts the long sad tale of a defendant who stood up to the SAO. To make a long story short, after losing a PVH, winning a jury trial on the same charges, and doing 48 months in prison, the SAO waits until the defendant is released from prison before filing a one count misdemeanor battery charge related to the defendant being tased in court during his PVH sentencing...

FIRST SUNDAY

Posted on January 25, 2009
This is the first Sunday without football since those hot, steamy mornings in September (August if you count pre-season). Some readers consistently send emails throughout the season trying to remind us that this is supposedly a legal blog, and they don't like reading about sports...

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