Criminal Law

All Good Things Come to an End

Posted on September 27, 2008
In this case, my stint in the county court. I was transferred to the Juvenile court division of my office, and my first day will be on Monday. In attempts to figure out "what's going on" in most large organizations,...

Trial Prep for the Upcoming Week

Posted on September 21, 2008
Sponsored by Alabama Jack's in Key Largo. Conch fritters. Ummmm. Also sponsored by Battlestar Galactica's Season 4. I just finished it today. Clearly the weakest of all 4 seasons, it lost its way at several points, substituting emotional confrontations (usually...

Not a Pretty Picture - Hanna, Ike, Josephine

Posted on September 03, 2008

Ruling on PD's Excessive Caseloads

Posted on September 03, 2008
The Circuit court decision addressing the Miami Public Defender's motion to appoint other counsel in unappointed non-capital felony cases just came down. I'll refrain from a detailed analysis except to note (out of strictly personal curiosity, not official office policy)...

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?Well, I?m back,? he said.

Posted on September 02, 2008
Apologies to those who check in on the blog to see what I?m up to, but it?s been a busy time for me. When last I wrote, it was mid July. Since then I engaged in a frantic apt. search,...

Bad Day. Sit Day. Sit.

Posted on June 21, 2008
The night seemed to start well, despite the fact I had a sweet potential apartment snatched from under me. I spent the early evening hanging out with an (equally) opinionated cyclist grrrl who was a blast. The fact that I...

Justice in Jeopardy

Posted on June 15, 2008
ABC news is reporting on our local crisis, as well as the financial problems facing public defenders in Kentucky and Minnesota. Defense attorneys tend to get a bad rap from the angry public. Public defenders, at least in my own...

Bumper Stickers

Posted on June 07, 2008
are only of use in speaking to others while you are killing the planet. Spoke Cards are much better instead. This is mine at the moment.

Stupidity/Compassion

Posted on June 06, 2008
A bright guy I ain't. Any evidence to the contrary. The way I see it, any kind of bright guy wouldn't have made such a hash of his future, in terms of what he values v. what he does not....

Breaking News

Posted on June 03, 2008
Well, I'm sorry I haven't written in recently. Things have been rather busy. How busy? Kind of crazily so. I've had a couple of trials since I last wrote, and went down to Key West for a much needed breather...

Bullet Proof

Posted on May 18, 2008
Blogging's fallen by the wayside this week, as sometimes it will. I have much doings to relate in an abbreviated manner, but not any significant news just now. For example, in the bullet proof category, I put new kevlar tires...

New England Humor

Posted on May 11, 2008
Yes, it does exist, in its gently straight faced way.

So I was Wrong

Posted on May 11, 2008
Which happens often. The trick is to not fear being wrong, for without risk, there's no growth, no tension that causes you to examine. So, talking, reading, thinking, writing, doing and being newly is the mandate. Not obsessively, of course,...

Glass Heart Uncracked

Posted on May 10, 2008
And so I finish my first courtroom stint with a whimper, not a bang, as nothing has gone to trial recently, nor have any of my specially researched issues come up - and so the caselaw and arguments sit dormant,...

Wasted Wishes

Posted on May 08, 2008
So I got back on the bike, twice, and tooled around the keys. It was just enough to get my metabolism back up and let me know exactly how much this two month long coughing/sickness jag had taken out of...

Judicium Interruptus

Posted on May 01, 2008
These last minute Nolle Prossequi are just killing me. . .and I had the double-barreled testimonial hearsay exclusion arguments (State and Federal Constitution) locked and loaded. I don't even think the state knew - they just knew I wanted to...

The Samely Different (a post in which the author of the blog touches on past, present, and future, in his usual rambling quasi-autobiographical way.)

Posted on April 29, 2008
Well, some email has rolled in, given the tenor of the next-to-last post. So, I thought I?d sit down and try to see what?s changed with me in the past year or so. First though, I have some BIG news...

Luck is the Residue of Design

Posted on April 24, 2008
Sometimes you think you'll have good arguments - sometimes those arguments get shot down one after another after another. So it pays to lay some arguments here and there and then touch on them in close, because you never know...

Hit by the Trial/Good News Truck

Posted on April 20, 2008
That'll teach me to be frivolous in my posting. (Snort.) In any event, after trial on Mon./Tues., I really didn't expect anything to go the rest of the week. Which means, of course, that I ended up in trial on...

MJOA

Posted on April 15, 2008
It's fun to win at the M-J-O-A. It's fun to win at the M-J-O-A. (To the tune of YMCA by the Village People.) Yes, once again the state crumbles in the "bringing it" department, with some gentle help by the...

Addition to Jorge Luis Borges' "Book of Imaginary Beings"

Posted on April 12, 2008
The Ethical Prosecutor In American Cosmology (TV) the Ethical Prosecutor is often seen hard at work on every channel battling the Evil One, usually a murderer or child molester/murderer or some educated liberal. Unencumbered with the uncertainty of not-knowing if...

Dinner

Posted on April 12, 2008
And of course, it never hurts to have the option of taking a break from court-thoughts with a friend (and wine and dinner on the water). This was the view on Thursday night from her building's patio. Just another ho-hum...

Not Much News, but Much Blinking

Posted on April 12, 2008
It's been a long hard week of nothing much at all. Most of the week's energy was spent being a backup on a colleague's trial involving a former client of mine. But not really. It's kind of complicated to explain,...

Sunday Sunday Sunday

Posted on April 06, 2008
Well, it was a mildly busy weekend of getting things in order. First off, I slept for 14 hours. That's a goodness. Lungs are also less frothy, so that's a goodness as well. I'm such a malingerer. ** I went...

But it's a good kind of tired. . .

Posted on April 02, 2008
Sunday - prep. Monday - trial day, 37 cases, all KNP/CTS except for 2. State tries to get us to go on (arguably) our weakest case. Really really tries. I mean like really really really tries to the point that...

Welcome Back (again) Recidivists

Posted on March 27, 2008
Some clients you know you'll see again. You hope you won't, but you know you will. And, in a division with as rich a history as ours, sometimes our division alumni will reminisce about certain clients, with the attendant speculative...

Trial

Posted on March 24, 2008
After a couple of weeks of not going to trial, we got another win, but this time we didn't need the jury, nor did we need MJOAs. Instead we got a nolle pross during the state's direct. Here's how it...

Kevlar - Bullet/Road Proof Easters are Needed

Posted on March 23, 2008
Don't ride in Miami without Kevlar - I blew out a tire/tube cornering on Sheldon Bike. Looks like I got some glass clean through the tire and tube this time. Took about a second - Ffft Ffft Ffft grumble grumble...

Sheldon Bike

Posted on March 22, 2008
This is how you recycle a Peugeot wanna-be-fixed gear. First of all you take off the wheels with the beach cruiser hub (which can't brake for a damn). Then you hammer apart all the stuck components, imagining you are wielding...

Damn it.

Posted on March 21, 2008
Sheldon Brown died. Sheldon was a man who rode bicycles. A lot. And thought. A lot. And decided to share what he knew. On an epic scale - with no renumeration but your satisfied curiosity. I'm not sure how one...

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