Federal Judiciary
Southern District of Florida 
News and notes on the Southern District of Florida
Post Frequency: 1.7/day Last Entry: November 19, 2009 at 23:06:00 Recent Entries: 576
Go to Southern District of Florida, find other Federal Judiciary blogs, or browse all law blogs.
Search
Posts
News & Notes (Fins edition)
Posted on November 19, 2009It's been a long day, so I'm trying to cheer up in watching the Fins. So far, so good. 14-3 as we speak. Here we go with some news & notes:1. Who wants to be a Magistrate? There's an opening in the District. The salary is $160K and to apply, you need to be less than 70, a member in good standing of the bar for 5 years, and not related to any judge in the district...
Lawyer acquitted in federal court in Georgia
Posted on November 18, 2009Friends of the blog, Tom Withers* and Craig Gillen, walked a lawyer (Mark Shelnutt) today in Columbus, Ga. Shelnutt was charged with money laundering and drug offenses. The judge read 36 not guilty verdicts:At 2:45, Land began to read.?Count One, conspiracy to launder money,? the judge said...
"Liberty City terror suspect gets 6 years in prison"
Posted on November 18, 2009The first of the Liberty City defendants -- 24-year-old Burson Augustin -- was sentenced today. The government sought the maximum -- 30 years. But Judge Lenard did the right thing and sentenced Augustin to 6 years. From the AP:A judge on Wednesday handed a six-year jail sentence to one of five men convicted of plotting to blow up the tallest building in the United States, Sears Tower, and swearing allegiance to Al-Qaeda...
Vamos a Cuba
Posted on November 17, 2009Gotta love Miami -- Denials of cert are rarely newsworthy, especially front-page newsworthy. But the cert denial re Vamos a Cuba landed on the front page of the Miami Herald:A three-year battle that pitted claims of censorship against the right of Miami-Dade schools to remove from their shelves a book that portrays an inaccurate view of life in Cuba ended Monday on the steps of the U...
"WAWW"
Posted on November 15, 2009That was the name of 22 of Scott Rothstein's corporations and it stood for "What a Wonderful World." Indeed. Here's the Sun-Sentinel story covering the genesis of the Rothstein spending, which started sometime in 2005.I know, I know, enough Rothstein...
This is not a post about Scott Rothstein
Posted on November 12, 2009Who's going to the ADL lunch today honoring Albert Kreiger and Edith Osman? Come by and say hello.Those who aren't can try betting on the Supreme Court.Or watch some clips of Curb Your Enthusiasm, the best comedy on TV right now:You prefer Glee, you say...
News & Notes (Scott Rothstein edition)
Posted on November 12, 20091. Bob Norman is killing this story, telling us about strippers, Bova Prime (SFL will like the picture in this post, which I included to the left) and Judge Zloch.2. Chaz Stevens has done it again -- tracking down William Boockvor. 3. And in non-Rothstein news, Dan Christensen is covering secret dockets under USA candidate Daryl Trawick...
Ed Morse duped for $57 MILLION
Posted on November 11, 2009According to this Herald article, he wired Scott Rothstein $57 million based on this story:What began as a dispute over a $2 million decorating bill for Morse's new Boca Raton and Maine homes transformed into a $57 million scam, in which Rothstein allegedly ripped off his wealthy clients with an elaborate series of lies, delays and forged court orders, sources familiar with the matter told The Miami Herald...
Schadenfreude
Posted on November 09, 2009Sure, there's a lot of that going on with the Scott Rothstein case, but the guy isn't doing anything to help his cause. SFL covers his Herald interview, which was a total train wreck:"I am sitting here smoking cigars with [my lawyer] Marc [Nurik]." "Doing pretty good...
Drinks at the Capital Grille over lunch
Posted on November 09, 2009Bob Norman has been all over the Scott Rothstein case and had the (good?) fortune of running into him at the Capital Grille today. He even took video:Here's another post about the encounter.Why is this guy out in public at the Capital Grille talking to reporters? I understand that this was just happenstance, but he was bound to run into someone at lunch at the CG...
Do as I say, not as I do
Posted on November 06, 2009From the oral arguments on Tuesday of this week in the Supreme Court:MR. BARNHOUSE: The lawsuit would be -- the lawsuit itself would be property, but the -- but any recovery would not be property until it became choate, until there was an amount of money assigned to it...
I like Twizzlers
Posted on November 04, 2009"When you have a Twizzler in your mouth, you can't have a serious conversation.""The red-colored licorice are kinda sweet ... pleasant tasting. They put you in a good mood." "There were two ways to eat the Twizzler: Sucking on the licorice, like a baby with a pacifier, or tearing it into small pieces and gobbling it down...
Above the Law case voluntarily dismissed
Posted on November 04, 2009Well that was quick.Here's ATL on the dismissal:Pursuant to Rule 41(a)(1)(A)(i)(B), the dismissal is without prejudice. But if Professor Jones were to attempt to refile at this point in time, he would encounter a statute of limitations problem.There was NO SETTLEMENT in this case...
Federal Bar Association dinner
Posted on November 04, 2009Fun event today with Judges Gold and Jordan. (Yes, that's my terrible phone camera picture to the left.) Some of the topics discussed:Facebook, Blogs, and Roshambo. And there was even a question about how Iqbal has been affecting the courts. Perhaps SFLawyer was in the audience...
Above The Law Sued by UM Law Professor Donald Jones
Posted on November 03, 2009NLJ has the details:It's the kind of story that tends to get big play on the legal blog Above the Law: A prominent University of Miami School of Law professor and civil rights advocate arrested on suspicion of soliciting an undercover officer for sex...
Where in the world is Scott Rothstein
Posted on November 03, 2009Thanks to a tipster, we have more evidence that bloggers are taking over the world. This time, they've tracked down Rothstein! No joke.
Key count kicked in case against former head of DEA
Posted on November 03, 2009Magistrate Judge Robin Rosenbaum recommended (in a 43-page order*) that an obstruction count be dismissed against Tom Raffanello, the former DEA chief and then head of security for Allen Stanford. The Herald has the details here:Two months after one of Miami's most celebrated drug cops was charged in the Allen Stanford financial scandal, a federal magistrate is recommending that one of the key charges be thrown out...
Blogs crush main stream media
Posted on November 02, 2009At least on legal stories, no? Take for example the story of Scott Rothstein and his firm Rothstein, Rosenfeldt and Adler. This weekend a story exploded about Rothstein travelling to Morocco amid allegations of fraud. And the Daily Pulp and the BrowardBeat were all over it...
Happy Halloween
Posted on October 30, 2009So, Judge Cooke sentenced a cooperting UBS guy to probation the other day, and today Judge Cohn sentenced a similarly situated co-defendant to 3 months in prison. Curt Anderson has the details:A federal judge Friday rejected a plea for probation from a New York businessman who admitted concealing $8 million in secret Swiss bank accounts, imposing instead a three-month prison term in the high-profile tax evasion case...
"I needed a defibrillator."
Posted on October 30, 2009That was Chief Judge Federico Moreno on how he reacted when he realized that Roberto Martinez was asking for an $11 million bonus, and not $1.1 million. Vanessa Blum has all the details here.From the intro:Then Chief U.S. District Judge Federico Moreno first read the final fee request for the Mutual Benefits fraud receivership, he thought lawyers were seeking $1...
News & Notes
Posted on October 29, 20091. There's a new blog in town -- The BrowardBulldog, run by excellent reporter Dan Christensen, with help from Buddy Nevins and Julie Kay. It'll be a regular read, for sure. The first post is about Jerry Frank Townsend, who was falsely imprisoned for murder and rape...
Slow
Posted on October 28, 2009You know it's a little slow when SFLawyers reaches back into the Iqbal well and Rumpole is wishing happy birthday to Teddy Roosevelt. If that's not your thing, you can check up on legal research and writing at UM. Not doing it for you? How about Adam Lambert's new album cover...
First UBS sentencing
Posted on October 28, 2009Judge Cooke sentenced Steven Michael Rubinstein to probation based on his extensive cooperation with the feds. From the AP's Curt Anderson:Rubinstein will be on probation for three years, including the year of house arrest with electronic monitoring and travel restrictions...
Judge Cooke affirmed for dismissing count against Ben Kuehne
Posted on October 26, 2009Great news! Here's the opinion by Judge Barkett. She starts off discussing the plain language:Section 1957(a) prohibits knowingly engaging or attempting to engage ?in a monetary transaction in criminally derived property that is of a value greater than $10,000 and is derived from specified unlawful activity...
Monday Mashup (Updated)
Posted on October 26, 2009Pretty tough sports weekend with the Fins and Canes heartbreakers. At least the blog fantasy team whooped SFLawyers. Not a lot happening today.... So let's check out what's going on around the net:Rumpole has been all over the state court email fiasco...
Why I love Florida's Sunshine law
Posted on October 23, 2009If you haven't seen this yet, you gotta read Susannah A. Nesmith's piece in the DBR today about the email clash between the state court judges on seniority:Cueto, elected last year, fired off a letter Oct. 14 questioning Brown?s authority to take away his short-term seniority rights...
Key West courthouse named after Sidney Aronovitz
Posted on October 22, 2009Here's the Wiki entry for Judge Aronovitz, who was born in Key West. And here is the DBR article about the naming of the Key West courthouse: President Obama signed a bill this week naming the federal courthouse in Key West for the late U.S. District Judge Sidney M...
News & Notes
Posted on October 22, 2009Stories around town today:1. Kenneth Welt, the receiver appointed to oversee Lewis Freeman's business, was sued by his brother who asked that Welt's business be put in receivership. (via DBR).2. Don Diego pleads to 45 years (via Miami Herald). (I thought the Colombian extradition treaty limited potential penalties to 30 years...
What is taking so long?
Posted on October 20, 2009Well, we still don't have any word on our next judge or U.S. Attorney. What could be taking so long? Here's an interesting article from the Washington Post, "Obama Criticized as Too Cautious, Slow on Judicial Posts." Some excerpts:President Obama has not made significant progress in his plan to infuse federal courts with a new cadre of judges, and liberal activists are beginning to blame his administration for moving too tentatively on what they consider a key priority...
Snitching ain't easy
Posted on October 18, 2009Lots of interesting reading on this beautiful Sunday. The Sun-Sentinel has a couple of interesting stories on snitching:1. The first is about a state prosecutor, Sheila Alu, turned FBI informant in the Broward public corruption case:"Sheila is for Sheila is for Sheila," said Bill Colon, who served two terms as a Sunrise commissioner in the 1980s...
FBA dinner tonight at the Biltmore
Posted on October 16, 2009See you all there.FRIDAY AFTERNOON UPDATE -- Breaking: Lewis Freeman's practice placed into receivership. Receiver -- Ken Welt.
Robe-itis?
Posted on October 15, 2009There's been a bunch of funny exchanges this week in the Supreme Court. One tipster sent this one from the attorney's fees case:CHIEF JUSTICE ROBERTS: Maybe we have a different perspective. You think the lawyers are responsible for a good result and I think the judges are...
Judge Seitz case goes to Supreme Court
Posted on October 14, 2009Yesterday the Supreme Court granted cert in Holland v. Florida, which presents the following question:Whether the Eleventh Circuit erred in denying equitable tolling to the defendant to excuse his late filing of his habeas petition, based on the conclusion that the late filing was due to ?gross negligence? of counsel, while factors beyond ?gross negligence? are required for equitable tolling; whether equitable tolling is available to toll the statute of limitation under the AEDPA...
Cuban spy resentenced
Posted on October 13, 2009Antonio Guerrero, who was originally sentenced to life, was just resentenced to almost 22 years in prison by Judge Lenard after the case was remanded by the 11th Circuit. The parties had agreed to 20 years in prison, but Judge Lenard found that the case warranted a higher sentence...
Columbus Day edition
Posted on October 12, 2009What a strange day -- courts are closed, but schools are open. It only took 10 minutes to get downtown on US1... Apparently, the DBR didn't take the day off. All kinds of fun stuff today, including Vanessa Blum's story on billing rates and her awesome video report:There's also a story securities cases, which SFL likes because of the new Scott Dimond photo...
FBI raids Lewis Freeman's office
Posted on October 09, 2009John Pacenti breaks the story here. It may be over parking:The FBI executed search warrants at the offices of high-profile accountant and attorney Lewis Freeman, who frequently is picked by judges as a court-appointed receiver or trustee for troubled companies in South Florida, sources said...
The defendant ?should not be a casualty of the chaos in Mexico.?
Posted on October 08, 2009That was Hector Flores in the New York Times today, speaking for his client -- a former federal ICE agent, Richard P. Cramer. From the Times:According to the complaint, on a number of occasions Mr. Cramer used his position to search federal databases and a California state database to see if certain unidentified drug trafficking organization members were informants for American law enforcement...
Oral arguments at the Supreme Court
Posted on October 06, 2009So I snuck out a bit early from my meeting today and went over to the Supreme Court. I sat in the attorney room for the tail end of the Stevens case, which addressed whether the First Amendment trumped the statute prohibiting the sale of depictions of animal cruelty...
Supreme Court to hear dogfighting video case
Posted on October 06, 2009Brian Maloney summarizes Stevens v. United States here. The issue is an interesting one: whether the First Amendment protects videos depicting animal cruelty. The Third Circuit found that the First Amendment did in fact protect such videos. From ScotusBlog:The en banc Third Circuit overturned Stevens?s conviction, holding that the statute was unconstitutional on its face as a content-based prohibition on protected speech...
First Monday in October
Posted on October 05, 2009It's that time again, and I'm actually in DC for the day. Unfortunately, I'm not getting over to the Court for the first day of oral arguments this Term. I'll post if I can get to a laptop later today; if not carry on in the comment section.
Miami is BACK
Posted on October 04, 2009And it's not just the Hurricanes. We've got all kinds of big fraud and corruption cases on the front page of the Herald this Sunday morning. There's Alan Mendelsohn's story, there's the advice given to Allen Stanford by Greenberg Traurig, and there's the investigation into prominent lobbyist Neil Sterling...
Judge Graham is looking for a law clerk...
Posted on October 02, 2009... to start now! Here's the vacancy posting.Also check out SFLawyer for good coverage of Judge Jordan's recent dismissal of a case involving a lesbian woman and her children who were not allowed to visit her dying partner's bedside at Jackson. The Herald's story is here...
News & Notes
Posted on September 30, 2009Lots going on today:1. Another Mutual Benefits arrest: this time it's eye doctor Alan Mendelsohn. From Jay Weaver's article: Dr. Alan Mendelsohn, a Hollywood ophthalmologist who has raised millions for Florida politicians, surrendered to FBI agents on charges linked to his alleged efforts to thwart a 2000-05 state investigation into Mutual Benefits Corp...
More on Ben Kuehne
Posted on September 28, 2009This weekend Jay Weaver had an interesting article about the oral argument in Ben Kuehne's case. Background here. Jay asks whether DOJ has targeted Fabio Ochoa's lawyers because they actually had the nerve to go to trial. And Joe DeMaria, the recent quote-master, is at it again:"This is the Scopes Monkey trial of money laundering cases,'' said former federal prosecutor Joseph DeMaria, referring to the historic 1925 test case in Tennessee over the teaching of evolution in school...
Happy weekend my peeps
Posted on September 25, 2009Just saw that the blog made the WSJ blog this week. Pretty cool.Hopefully the blog football team will have a better performance. We have the same record as the Dolphins right now... (But in my real league, I'm doing well. Does that count here?)Have a good weekend everyone...
Broward politicians charged
Posted on September 24, 2009By now, all of you have read about the arrests in Broward of a bunch of politicians, so I won't bore you with more on that... But I wanted to give a shout out to Jeff Sloman, who is coming into his own at press conferences. A tipster sent me these quotes:The name of the probe was "Operation Flat Screen...
FBA "Boardroom lunch"
Posted on September 23, 2009From incoming Federal Bar president Bill Roppolo:Dear Federal Bar Members,The South Florida Chapter of the Federal Bar is launching a new small group luncheon series. The Boardroom Lunches will be hosted by local law firms and feature two federal judges...
Blogging the Ben Kuehne argument in the 11th Circuit
Posted on September 23, 2009I was at the oral argument in the Ben Kuehne case this morning. The issue is whether the exception in section 1957 prevents the government from indicting a criminal defense lawyer for taking payment from a client, previously discussed here. Judge Cooke found that the exception applied and dismissed that count against Ben...
"You make this sound like a fraud case. This isn't Bernie Madoff."
Posted on September 22, 2009That was Judge Kenneth Ryskamp last week on the Lin Gosman case, in which the judge sentenced Gosman to probation even though the guidelines called for substantial time in prison. I missed the case when it happened, so thanks to my peeps for sending it along...
"This is probably the single most outrageous prosecution that has happened in South Florida."
Posted on September 21, 2009That's Richard Sharpstein on the Ben Kuehne case, covered by John Pacenti here. The 11th Circuit will have oral argument this Wednesday. Judge Cooke will have Daubert hearings today and tomorrow on the government's proposed currency exchange expert...
Let's get ready to rumble
Posted on September 18, 2009Fascinating lawsuit filed by Joseph DeMaria against DOJ and American Express. Here's the Herald article and the complaint. From the article:Sergio Masvidal, the successful scion of a once-penniless Cuban exile family, says he just wants the Justice Department to give him back his name...
Tweet Tweet
Posted on September 17, 2009John Pacenti has a piece in the DBR today about lawyers tweeting. As far as I can tell, lawyers and Twitter have not been a successful pairing so far because most lawyers are trying to damn hard to use it for marketing instead of for fun. Following most lawyers on Twitter is deathly boring -- it's much more fun to follow Chad Ochocinco...
Scalia likes My Cousin Vinny and Marisa Tomei
Posted on September 15, 2009Here's a piece of the article (HT: ABL):Before signing copies of his book, Making Your Case: The Art of Persuading Judges, (which came out more than a year ago) Scalia dished a few pointers to the spillover crowd of mostly senior citizens who gathered at the Friendship Heights Village Center in Chevy Chase, Md...
Monday Night videos
Posted on September 14, 2009The Fins looked dreadful.Rumpole's picks look worse.What's with the 10:30pm late game?Here are some videos for those of you who are waiting for game 2 to start:v\
"In Mr. Conway?s case, the post that got him in trouble questioned the motives and competence of Judge Cheryl Aleman, and appeared on a rowdy blog"
Posted on September 13, 2009Sean Conway and the Broward Blog made the front page of Sunday New York Times. Very cool!! (Our prior Conway coverage is here.)And it's timely -- the article addresses an issue that we have been discussing on the blog recently: how far can lawyers go in criticizing judges?Here's the intro to the article:Sean Conway was steamed at a Fort Lauderdale judge, so he did what millions of angry people do these days: he blogged about her, saying she was an ?Evil, Unfair Witch...
"Miami's ex-DEA chief charged with shredding documents for disgraced banker Allen Stanford"
Posted on September 11, 2009That's the headline from this Miami Herald article about Tom Raffanello, who was Stanford's security chief after leaving the DEA five years ago. The superceding indictment, which added Raffanello, was filed today. Interestingly, the co-defendant's case is set for trial September 18...
James Hendrick resentenced to probation
Posted on September 11, 2009Our prior coverage of the case is here. You remember this one -- the 11th Circuit reversed Judge Highsmith's sentence of probation for James Hendrick, "once Monroe County's powerful government attorney." Well, he was resentenced today before Judge Zloch (because Highsmith retired) and got probation, again...
Are Sentences for Possession of Child Porn Too High?
Posted on September 10, 2009Yes, according to some district judges testifying before the Sentencing Commission. From the National Law Journal:Judges testifying before the U.S. Sentencing Commission in Chicago told the panel that sentences for people convicted of possessing child pornography have become too severe...
Judge Zloch strikes back
Posted on September 09, 2009Remember Loring Spolter's wild claims that there was a conspiracy with Judge Zloch and the clerk's office? Well, the DBR reports that it didn't go so well for Mr. Spolter:District Court Judge William Zloch is considering suspending a Fort Lauderdale employment attorney from practicing in South Florida federal courts for criticizing him in an interview with the Daily Business Review...
1-0
Posted on September 08, 2009C-A-N-E-SOkay, now that that's off my chest, back to business.The Chief has formed a committee to look at building a new Broward courthouse. From the DBR:With its maze-like corridors, dead ends and multi-level pools, the Fort Lauderdale federal courthouse is outdated in the post 9/11 world...
Justice Stevens to retire?
Posted on September 04, 2009We're a little late on this story, but it's starting to get a lot of traction, so here goes... It looks like Justice Stevens might be on the retirement track as indicated by his lack of hiring law clerks. From the NY Times:Justice David H. Souter?s failure to hire clerks this spring accurately signaled his decision to step down...
News & Notes
Posted on September 02, 20091. The big interviews are today with Senators Nelson and Martinez. They've flown down here and the interviews will be held at the federal courthouse. But they are closed to the public. (They should be open, shouldn't they?) If anyone hears anything about them, please email me...
That's hot -- Paris wins again...
Posted on September 01, 2009...this time in the Court of Appeals (the 9th Circuit -- here's the opinion). From Reuters:The celebrity and heiress Paris Hilton may pursue her lawsuit against Hallmark Cards over its use of her picture and catchphrase "That's hot" on a greeting card, a federal appeals court ruled on Monday...
Lyglenson Lemorin still sits in immigration jail
Posted on August 31, 2009From Jay Weaver's article in today's Miami Herald:A Tampa engineering student acquitted of terrorism-related charges walked out of an immigration court a free man earlier this month, after a judge rejected the U.S. government's bid to deport him to his native Egypt on identical charges...
"Gov. Charlie Crist and ex-aide George LeMieux cleared in federal probe"
Posted on August 29, 2009That's the headline from Jay Weaver's story about the Mutual Benefits case, which keeps taking stranger and stranger turns:Gov. Charlie Crist and former chief of staff George LeMieux -- the subjects of a federal public corruption investigation -- have been cleared of allegations that they tried to thwart a state criminal probe into a Fort Lauderdale insurance company, according to sources familiar with the ongoing case...
News & Notes (the PD's edition)
Posted on August 28, 20091. Paul Rashkind has been working on Guantanamo cases and he just got a nice win in DC: hearsay is not admissible in the detainee cases. Here's SCOTUSBlog's coverage:U.S. District Judge Reggie B. Walton went further than any of his District Court colleagues has gone in cutting back on the Pentagon?s option of proving its detention cases by using a kind of evidence that normally would not be allowed in court ? hearsay, as a substitute for direct proof of facts...
Judge Kozinski champions right to privacy in computers
Posted on August 27, 2009The Fourth Amendment is not dead... at least in the Ninth Circuit. Judge Alex Kozinksi,* writing for an en banc Ninth Circuit, ruled that many additional safeguards must be put in place before a computer search can go forward. See United States v. Comprehensive Drug Testing...
$$$$
Posted on August 26, 2009Today's DBR covers the net worth of state court judges and their spouses. No surprise that former AUSA John Schlesinger tops the list as his wife Marilyn Milian is the judge of "The People's Court." But does Billy Shields have a man-crush on Schlesinger (not that there's anything wrong with that)...
Should judges reject agreed to plea agreements?
Posted on August 25, 2009We've discussed this issue many times on this blog. If two parties in the adversary system work out a deal, should the judge be able to reject it? (Along the same lines, should a judge be able to reject a civil settlement?) I think the answer is clearly no for reasons I've articulated before...
Bueller, Bueller, Bueller....
Posted on August 24, 2009Is there a better comedy than Ferris Bueller's Day Off?Talk to me people. What's going on in Federal Court this week? Is it just going to be more UBS postings...Summer's over -- there's gotta be something good going on.You know it's slow when SFL is comparing Tom Julin to Kingpin and Rumpole is already doing football posts...
Judge Zloch slaps UBS cooperator
Posted on August 21, 2009We covered earlier the UBS defendant who was asking for probation for his extensive cooperation. The government was asking for 2 1/2 years (or a 50% reduction). Judge Zloch today sentenced Bradley Birkenfeld to 40 months, or 10 months more than the government asked for...
11th Circuit update
Posted on August 21, 2009Thanks very much to JANE MOSCOWITZ for this guest post:Richard Strafer and Howard Srebnick had a big win in the Eleventh Circuit this week in United States v. Kaley. Judges Marcus, Wilson and Tjoflat reversed and remanded the district court's decision not to permit the Defendants to challenge the pretrial restraint of assets they wanted to use to hire their counsel of choice, Howard Srebnick and Susan Van Dusen...
Friday's notes
Posted on August 21, 2009School's back Monday. To get you in the mood, here's a clip from Back to School:The DBR reports that the mold lawsuit filed by Ted Klein's family has been dismissed by Judge Story. Apparently, you can only get $1,000 under the Federal Employees Compensation Act when death results from on-duty injuries of a federal employee...
Quick Poll
Posted on August 20, 2009I had a lengthy debate with some friends today about whether Plaxico Burress' sentence was the right result or not. (If you aren't familiar with the case, here's some background).Settle a score for us and vote:How do you feel about Plaxico Burress' two year sentence?Just rightToo shortToo long pollcode...
Why Professor Dershowitz Rocks
Posted on August 19, 2009The challenge. This time to Scalia on his dissent, blogged about a couple of days ago by one of our favorite readers:I hereby challenge Justice Scalia to a debate on whether Catholic doctrine permits the execution of a factually innocent person who has been tried, without constitutional flaw, but whose innocence is clearly established by new and indisputable evidence...
Order in Paris Hilton case
Posted on August 19, 2009Judge Moreno ruled in Paris Hilton's favor on Monday (background here) -- she does not have to pay $8.3 million even though her film ?Pledge This!?? bombed. From Judge Moreno's order: ?The court finds compelling evidence in the record that ?Pledge This!? lost money because the film?s inexperienced producers hastily cobbled together a wholly inadequate marketing plan...
Judge Barkett's "fervent, lonely" dissent reaches open ears of Supreme Court
Posted on August 18, 2009One of my favorite readers has sent in this guest post, and I post it here:Three days ago The New York Times highlighted Eleventh Circuit Judge Barkett as the author of a "fervent, lonely" dissent which expressed frustration with AEDPA's "thicket of procedural brambles...
UBS snitches
Posted on August 18, 2009Oh, there are going to be a bunch of these. Here's one where the government is recommending a 50% reduction (via Curt Anderson):A former Swiss banker should get a sharply reduced prison term for helping the U.S. government as a star witness in a wide-ranging tax evasion investigation of banking giant UBS AG, federal prosecutors said Tuesday...
The last week of good traffic
Posted on August 17, 2009Gridlock starts next week with the start of school...Looks like the storms are gonna miss us. Rumpole has been updating us all weekend on the positions of the storms. A tip for the future: keep an eye on the Herbert boxes.The blawgosphere is aflutter over the possibility of free PACER...
News & Notes
Posted on August 13, 20091. Prosecutors in Georgia are in hot water about their handling of a prosecution against a criminal defense lawyer. Friends of the blog Tom Withers & Craig Gillen represent the defense lawyer. They were part of the defense team that tried the Savannah case with me a couple years back...
Richard Simring's co-defendant sentenced to 100 years
Posted on August 11, 2009That's 50 years less than Mr. Madoff, but still -- that's quite a whopper of a sentence for Edward Okun. (The feds were asking for a 400 year sentence!) Here's the DOJ press release for background. (As an aside, anyone know the largest sentences handed out in this district?)Okun's co-defendant Richard Simring, who was a rising star here in Miami before this case, is scheduled to be sentenced this Thursday...
I'm back
Posted on August 09, 2009Hey everyone. I'm back. A big shout out to Vanessa Blum for filling in last week while I was out tending to the new Markus bambina. Speaking of Vanessa, you all should go over here to the South Florida Daily Blog and vote for her and Dore for their guest-blogging on the interviews of the district judge and U...
OYEZ OYEZ OYEZ
Posted on August 06, 2009It's official.Closer to home, John Pacenti of DBR reports on alleged links between R. Allen Stanford, the Texas billionaire accused of running an $8 billion Ponzi scheme, and Tom Cash, former chief of DEA operations for South Florida. After leaving the DEA in 1994, Cash jumped to fancy private investigative firm Kroll as head of Latin American business...
Health Care on Trial
Posted on August 05, 2009Coming up Thursday. . . Is Florida?s government failing children on Medicaid? Judge Adalberto Jordan is hearing arguments tomorrow on whether a longstanding class action seeking better treatment for Medicaid children can proceed to trial. In June, Magistrate Judge Chris McAliley certified the class over the state?s objections...
Monday round up
Posted on August 03, 2009Hi all and welcome to Monday! Vanessa Blum here, holding down the fort for DOM, while he welcomes his third daughter into the world. Is that guy a slacker or what?1. First, in the name of shameless self promotion: Definitely check out my cover story in the DBR?a scintillating profile of Miami lawyer Stephen Zack, the first Hispanic attorney elected to head the ABA...
Friday news and notes
Posted on July 31, 20091. UBS got pushed one more week, till August 10. Looks like it might settle. From the WSJ blog:In a major break in a massive tax-evasion investigation, UBS AG and the governments of Switzerland and the U.S. have reached a settlement that could force UBS to turn over identities of thousands of account holders, a Justice Department attorney told a U...
We're second...
Posted on July 30, 2009... to Rhode Island?!!I demand a recount.Well, we're trying to be first, with 41 arrests today. Here's the Herald coverage of all the mortgage fraud stuff going on.So, will UBS settle? Trial is "looming" Monday. Judge Gold will have one last status conference this Friday...
SDFLA Fantasy Football League?
Posted on July 29, 2009Miguel de la O wants to start a fantasy football league for the Southern District of Florida. Winner gets bragging rights. If there is enough interest, the league will start. Email Miguel at delao13@gmail.com if you are interested. Spots are reserved for Rumpole and SFLawyers if they are interested.
News and Notes
Posted on July 28, 20091. Another UBS defendants bites the dust. (Via AP)2. Feds drop all charges against lawyer Carlos Loumiet (Via DBR)3. Sotomayor is a step closer. (Via Herald)4. Female Herald reporter accused of sexual harassment. (Via Washington Post)
Great piece on the Chief
Posted on July 27, 2009John Pacenti covers Judge Moreno here: http://www.dailybusinessreview.com/news.html?news_id=56416 From the intro: When socialite Paris Hilton came to town for a civil trial, she was upstaged by none other than Chief U.S. District Judge Federico Moreno...
Poll numbers
Posted on July 26, 2009A week of voting has produced the following unscientific numbers:Who should be our next U.S. Attorney?405 votes totalDavid Buckner 56% 227 votesWilly Ferrer 24% 99 votesDaryl Trawick 20% 79 votesWho should be our next judge?262 votes totalJerald Bagley 24% 64 votesBob Scola 29% 77 votesKathy Williams 46% 121 votesWhy were there so many more votes for U...
Perfection
Posted on July 23, 2009For just the 18th time in baseball history, a pitcher was perfect today. Mark Buehrle was literally perfect. 27 batters. 27 outs. No one reaches first. Unbelievably remarkable. Is there an equivalent for lawyers?
More on JNC picks
Posted on July 21, 2009Between Paris Hilton and the JNC posts, the blog has been on fire lately. Thanks to everyone for stopping by. I have been stuck in trial the last two weeks (if you are in the courthouse, come by Judge Jordan's courtroom and say hello), so I apologize for the slower than usual posts...
New Polls
Posted on July 19, 2009Who should be our next judge?Jerald BagleyBob ScolaKathy Williams pollcode.com free pollsWho should be our next U.S. Attorney?David BucknerWilly FerrerDaryl Trawick pollcode.com free polls
BREAKING -- U.S. Attorney finalists announced
Posted on July 17, 2009Willie FerrerDavid BucknerDaryl TrawickCongrats to the finalists!(And thanks to the many tipsters who emailed me with the names!)
US Atty Interveiws
Posted on July 16, 2009Sorry I didn't do the lunch postings, but I did not have time. I am typing it up now. Overall, the interviews had a very different feel than the judicial interviews. Where those were extremely polite but not overly probing, the US Atty interviews were in depth and at times confrontational...
Paris Hilton update
Posted on July 16, 2009So I still don't know who made the final 3 for U.S. Attorney. Where are you tipsters? In the meantime, here's more on Paris from Above The Law.
Thanks to Dore for Guest Blogging!
Posted on July 16, 2009He gave us some great insight below to the interviews of both potential judges and U.S. Attorneys. I will post the final list as soon as I hear it.UPDATE -- Vanessa Blum has added to Dore's post below with her coverage of the last three interviews. I am very grateful to have such great guest bloggers...
The US Attorney Interviews
Posted on July 16, 2009This post has been updated at the bottom with Vanessa Blum's coverage of the last few interviews. By Dore Louis: The day started off with Mark Schnapp. He has a tremendous amount of experience over a very broad career.Mr. Schnapp immediately noted that the role of a prosecutor should be to strike tough but fair blows...
Morning Interviews
Posted on July 15, 2009The morning interviews got off to a fast start. Judge Rosenbaum's opening remarks were extremely well thought out and prepared. She clearly captured the committee during her initial presentation. Some of the committee member's questions were in depth, and others were not very deep...
BREAKING -- SHORT LIST ANNOUNCED FOR FEDERAL JUDGE
Posted on July 15, 2009That was fast -- the list is out:Kathy WilliamsJerald BagleyRobert ScolaCongrats to those three. Tomorrow, we'll find out who makes the U.S. Attorney short list.
JNC interviews & Guest Blogging
Posted on July 15, 2009Just wanted to give a shout out to Dore Louis for guest-blogging the interviews today. His posts are below. Thank you Dore. The DBR is also covering the interviews on its blog.I'm hoping Dore can give us more insightful coverage tomorrow of the U.S...
Afternoon Interviews
Posted on July 15, 2009I missed Robert Lee's interview and came in about half way through Judge Barzee's.Judge Barzee was on top of the interview, pure and simple. She was asked a couple tough questions and did a great job fielding them. One in particular was how she would prioritize the following three traits in determining who is a great judge: Temperament, Fairness and Courage...
Guest Blogger Here
Posted on July 14, 2009David is in trial before Judge Jordan and is unable to cover the District Court interviews tomorrow. I will be guest blogging for David. Unfortunately, I will have to miss several of the morning interviews and am hoping somebody else will provide information on the ones I cannot attend...
UBS trial continued till August 3
Posted on July 13, 2009Prior coverage here. Judge Gold agreed to the parties' request to let them try and work it out.
Looking for blogger to cover interviews
Posted on July 12, 2009I was planning on covering the interviews for judge and U.S. Attorney this week, but it turns out that I will have to do some real work and will be in court. Any volunteers to go to the interviews and blog 'em? Shoot me an email.
Maybe not on the UBS trial
Posted on July 12, 2009According to the New York Times, the parties filed a joint motion to continue the case over the weekend in the hopes they can settle:The Swiss bank UBS and United States federal prosecutors sought Sunday to delay a hearing scheduled for Monday so the two sides could try to settle their closely watched dispute over the release of names of wealthy American clients of the bank who are suspected of offshore tax evasion...
UBS trial to start Monday
Posted on July 10, 2009Lots of press coverage on the case to start Monday here.I liked this Reuters piece on Judge Alan Gold, who is presiding over the case:The judge presiding over a high-stakes legal showdown between the U.S. government and Swiss bank UBS AG is seen as a straight-shooter who has not shied away from taking aim at big corporate interests...
Paris Hilton to tesify Friday
Posted on July 10, 2009She'll testify today, most likely after lunch. Here's how she looked this morning.Don't worry; there's nothing wrong in looking, right Mr. President? (Here's Professor Althouse's take on the picture)
Best blog post forever
Posted on July 10, 2009Paris Hilton is on the stand. And Judge Moreno is getting in on the act. In one exchange, Moreno was puzzled by the title of Hilton's current reality show, "My New BFF." "What does that mean?" he said. After Hilton gave the full title "Paris Hilton's My New Best Friend Forever" the judge remarked "This will be my best case forever...
I heart Paris
Posted on July 09, 2009I had another matter in the courthouse this afternoon, so I snuck over to Judge Moreno's courtroom to see the Paris Hilton trial. I watched a bit of both opening statements. Judge Moreno was on his A-game, asking lots of questions in his engaging and witty way...
Quick Hits
Posted on July 08, 2009Sorry about the slow blogging this week. It's summer and I'm swamped... What up with that?Okay, to the news:1. General Noriega has filed a cert petition.2. Paris Hilton starts trial tomorrow in front of Judge Moreno. Steven Binhak and Michael Weinstein represent her...
Paris, oh Paris
Posted on July 08, 2009The Paris Hilton trial starts tomorrow. Our prior coverage is here. I imagine it's going to be a circus (as far as circuses go in federal court; remember no tweeting or blogging!) in the Chief Judge's courtroom tomorrow. I'm hoping to get an exclusive blog interview with Paris...
Obama nominates Beverly Martin to Eleventh Circuit
Posted on July 06, 2009President Obama has nominated District Judge Beverly Martin to fill Lanier Anderson's seat on the Eleventh Circuit. She's been a district judge in the Northern District of Georgia since 2000 and before that was the U.S. Attorney for the Middle District of Georgia for three years...
SDFLA turns 4
Posted on July 04, 2009Four years ago on Fourth of July weekend I started this blog with no expectations and no idea if the blog would last a month, let alone four years. Since then, there have been 1,275 posts (there is a post almost every business day) and almost 500,000 hits (it took us a while, but the blog now averages around 600 hits a day)...
Sealed Mutual Benefits stuff starts to leak
Posted on July 03, 2009Jay Weaver has the lengthy front page story here. Our prior coverage is here. The bombshell from the article is that Paul Huck Jr. was one of the reasons a number of documents were sealed and a number of judges recused (including Judge Huck). Of course Huck Jr...
Alex Kozinski and Porn
Posted on July 02, 2009We've posted about the whole dust-up with Ninth Circuit Judge Alex Kozinski and his personal website featuring sexually explicit photos and videos.Well, the Third Circuit's judicial council, tasked with investigating the case, wrote a 41 page opinion admonishing Kozinski, but clearing him of any wrongdoing...
Wardrobe Malfunction
Posted on July 01, 2009Here.You may be wondering what this has to do with the SDFLA. The answer is nothing.
New UM Dean starts with a bang
Posted on July 01, 2009Apparently, incoming 1Ls are being asked to defer a year because UM accepted too many students. Here's the incoming Dean's memo to the incoming 1Ls, courtesy of AboveTheLaw:UNIVERSITY OF MIAMI LAW SCHOOL -- MEMO -- DEFERRAL OPTIONS Every year our Admissions Office uses our past experience with acceptance rates to decide how many students to admit...
Interviews (and times) made public
Posted on July 01, 2009After the list has been floating around the past couple of days, the JNC finally posted it here. You can see the times of the public interviews. I wonder if anyone will show up.Some interesting notes:The order of the interviews is random. (Which is the best slot? Robin Rosenbaum is first up and Ana Martinez is last...
Judge list out
Posted on June 30, 2009The applicants who will be interviewed for federal judge in the Southern District are: Jerald Bagley, Gerald B. Cope, Jr., Mary Barzee Flores, Darrin P. Gayles, Judith M. Korchin, Robert W. Lee, Peter R. Lopez, Patricia E. Lowry, Ana Maria Martinez, Caroline Heck Miller, Robin S...
U.S. Attorney list
Posted on June 30, 2009The JNC has cut the list for US Attorney in Miami to: David M. Buckner, Wifredo Ferrer, Richard D. Gregorie, Ilona Maxine Holmes, Curtis B. Miner, Thomas J. Mulvihill, Lilly Ann Sanchez, Mark P. Schnapp, William Richard Scruggs, Jeffrey H. Sloman, James H...
Disrespectful?
Posted on June 29, 2009I've always cringed a little when I hear a male lawyer address a female judge as "ma'am" (instead of "judge" or "your honor") during an argument. Now Senator Boxer has caused a bit of a stir with this exchange:So, I will put it to you all:Is it disrespectful to address a judge as "ma'am" instead of "judge" or "your honor"? YesNo pollcode...
Breaking! Interviews have been determined for judge and US Attorney
Posted on June 29, 2009I will post the entire list shortly. (I'm getting a haircut right now!)--David Oscar Markuswww.markuslaw.com305-379-6667
They write letters
Posted on June 29, 2009(Okay, so we stole the title from our brother blogger, South Florida Lawyer). While everyone is talking about Ricci and Madoff, the story that interests me is Justice Souter's last day on the bench. Here's the letter from the Chief Justice, signed by all of the Justices, wishing Souter well...
Time for the weekend
Posted on June 26, 2009Before you leave for the weekend, you should know:So Jeff Goldblum didn't die (neither did Harrison Ford).UBS clients are starting to plead."Justice Antonin Scalia [is] the Confrontation Clause?s most devoted defender on the Court." (via ScotusBlog).
SCALIA.
Posted on June 25, 2009Rumpole, check out the 2 criminal law opinions this morning. Justice Scalia wrote a 5-4 opinion (Melendez-Diaz v. Massachusetts) in favor of a criminal defendant on a confrontation clause issue and in another case (Safford v. Redding), joined Justice Souter's opinion in favor of a high school student challenging a strip search on Fourth Amendment grounds...
To Blackberry...
Posted on June 24, 2009...or not to Blackberry; that is the question.Other questions of the today:1) Isn't it time for someone to figure out who Rumpole is? (I think he's given us a hint with this picture -- it's taken from Datran, no?)2) Is the government dropping the UBS suit?3) How many more Medicare arrests will there be?4) Can law firms withhold pay for not billing enough hours?5) Why aren't all of us taking longer vacations?6) How bad is the food at the SuperMax?7) Over the top ad? Or just good fun?8) If you got these tattoos, you would lie too, wouldn't you?
It's a special guest appearance by...
Posted on June 23, 2009Vanessa Blum! In a "special to the Review," she covers the White & Case scandal:Ten years ago, it would have been the stuff of law firm gossip. But in the age of e-mail, blogs and text messaging, the story of a messy affair between a Miami corporate attorney and a married mother of four has spiraled into a much bigger headache for the century-old law firm White & Case...
It was the catfish with black pepper...
Posted on June 22, 2009... that made me crash into the ditch on the way to court for a murder trial. I really wasn't drunk. I swear. Sorry Your Honor.My other weekend reading included:Poor Bernie.In other UM news, Roy Firestone inspired the Marlins. (Or maybe it was Jim Leyritz who depressed the Yanks)...
It's a bird, it's a plane, no... it's....
Posted on June 22, 2009Mary K. Butler, a senior trial attorney with the Public Integrity Section who is now involved in the Mutual Benefits case that has been all secretive...Jon Burstein from the Sun-Sentinel has more:The U.S. Department of Justice has called on a tenacious veteran prosecutor to help handle a grand jury investigation into public corruption in Florida ? a top-secret inquiry related to a Fort Lauderdale business that authorities suspect was a colossal fraud...
Quick hits
Posted on June 18, 20091. At the 59th Annual Green Eyeshade awards Jay Weaver won first prize in the category of Courts and the Law Reporting for his medicare series. Carol Rosenberg (also from the Herald) got second prize for her Gitmo coverage. Green Eyeshade? Well, it's the major journalism society...
Down goes Ranck
Posted on June 17, 2009The Herald reports that Judge Gold dismissed David Ranck's case yesterday. I will post the opinion when I get to the office. (UPDATE -- Here it is) I'm sure Rumpole will have more. In the meantime, here's the Herald's summary:A veteran prosecutor Tuesday lost his free-speech lawsuit against State Attorney Katherine Fernández Rundle, who had suspended him last year for posting on a blog his own internal memo criticizing her handling of a controversial fatal police shooting...
?They were high-fiving each other at the office.?
Posted on June 16, 2009That's Allan Kaiser talking about the State Attorney's Office after David Ranck's recent arrest for battery on the pizza girl. Long before his arrest (and subsequent firing), Ranck brought a whistle-blower lawsuit in federal court before Judge Gold. The State, represented by Oscar Marrero, has moved to dismiss, and Judge Gold heard argument last Friday...
Scandal at White & Case Miami
Posted on June 16, 2009AboveTheLaw has all the sordid details (including an interview with the woman, dubbed SexyLexus) about an extramarital affair involving a White & Case associate. On a separate note, here's my sentencing question of the day: Assuming he did it, should the cat-killer get more or less time than Donte Stallworth (driving drunk resulting in death)? (Yes Rumpole, these are both state cases...
Cert denied in Cuban Spy case
Posted on June 15, 2009I'm glad Rumpole didn't take me up on the double or nothing bet. Still waiting to get paid...
"Noah Gray, a student journalist at Miami Palmetto Senior High, contributed to this report."
Posted on June 14, 2009It's all cat killer news right now. The Herald has a lengthy cover story about the case. How psyched is Noah Gray, a student who got billing for helping out with the article. Pretty cool.No one really has any details about how they actually broke the case...
Slow blogging
Posted on June 12, 2009Sorry! We'll hit you back on Monday. --David Oscar Markuswww.markuslaw.com305-379-6667
Joe Biden on Sotomayor
Posted on June 10, 2009From ABAnews:Vice President Joe Biden?s comments yesterday supporting Judge Sonia Sotomayor?s law enforcement credentials has some critics suggesting he went too far.Speaking yesterday at a White House event to showcase prosecutor and police endorsements for Sotomayor, Biden noted that the Supreme Court nominee has experience as a prosecutor, Politico reports...
Breaking -- applicants for District Judge, U.S. Attorney, and Marshal
Posted on June 09, 2009The applicants for District Judge are:Jerald BagleyGerald CopeMary Barzee FloresDarrin GaylesRandee GolderJudith KorchinRobert LeeRobert LevensonPeter LopezPatricia LowryAna Maria MartinezCaroline Heck MillerMaria OrtizEmmanuel PerezRobin RosenbaumRobert Scola Jr...
Will Supremes grant cert for Cuban 5?
Posted on June 09, 2009That's the question raised by Jay Weaver in today's Herald.Less than 1% of cert petitions get granted, but Tom Goldstein signed on to this one and there are very interesting legal issues getting lots of pub. I'll go out on a limb and say cert will be granted in this case...
Loring Spolter does not like Judge Zloch
Posted on June 08, 2009And he has alleged a conspiracy involving the clerk to have his cases assigned to Zloch. Yikes.Here is the study that Spolter relies on to say the assignments aren't random. It's been a while since I took statistics, but the sample size here (Spolter has had 15 cases from 2006-2009) does not seem to be all that significant...
Stormy weather
Posted on June 08, 2009The Herald got all artsy today with a big picture of a rainbow above the fold and above the articles in the metro section. Lots of people captured the double rainbow. I like this one:The kids are out of school and camp doesn't start till next week... making this the second quietest week of the year, right after the Christmas-New Year week...
Twitter?
Posted on June 07, 2009I've resisted Twitter for a while now, and am still not sure why I just signed up for it. But now that I have, let's see how it goes. Click here to follow. (And yes, Judge Moreno, I know -- no twittering from inside the courtroom).
Jeff Sloman acting U.S. Attorney
Posted on June 06, 2009It was Alex Acosta's last day on Friday. He's off to FIU. Acting U.S. Attorney: Jeff Sloman (he's pictured in white next to Bernie Kosar). Jeff has put his name in with a bunch of other people for the permanent slot. Interviews are next month.
JNC interviews are open to the public
Posted on June 05, 2009If you wanna go watch, here's the info:July 15, 2009 at 9 a.m.U.S. District Judge, Southern District of FloridaJudges Conference Room, 14th FloorWilkie D. Ferguson, Jr. U.S. Courthouse400 North Miami AvenueMiami, FloridaJuly 16, 2009 at 9 a.m.U.S. Attorneysame placeJuly 17, 2009 at 9 a...
"We asked that question of the attorneys at oral argument, and once they got past the deer-in-the-headlights moment..."
Posted on June 04, 2009Whether or not you agree with Judge Carnes, he's an excellent writer and a lot of fun to read. Check out his opinion today in Friends of the Everglades v. So. Fla. Water Mgmt. Hat Tip Curt Anderson. The text below in italics is Carnes'.Here's the issue: This appeal turns on whether the transfer of a pollutant from one navigablebody of water to another is a ?discharge of a pollutant? within the meaning of theClean Water Act, 33 U...
Dore Louis is tall.
Posted on June 04, 2009Here are the pictures from the FACDL banquet which took place a few weeks back, where Judge Hoeveler was honored. (So were the Liberty City lawyers and Ben Brummer). Hector Flores is the new president. And at the link, you'll see pictures of Judges Hoeveler and Graham, Magistrates Garber and O'Sullivan, former Florida Supreme Court Justice Kogan, FPD Kathy Williams and soon-to-be former USA Alex Acosta...
All Sotomayor all the time
Posted on June 04, 2009Via ScotusBlog:Judge Sotomayor?s completed Senate Judiciary questionnaire is available for download here.The transcript of her confirmation hearing for the Second Circuit is available here and her Judiciary questionnaire from that hearing is available in two parts: here and here...
There is only one good thing about the summer:
Posted on June 03, 2009The traffic. Okay, maybe it's not that good. Just saying.
"Do letters from the public ? often or ever ? influence sentencing judges?"
Posted on June 02, 2009That's the question raised by sentencing guru Doug Berman. In his post, he discusses the Mary McCarty case and the "flood" of letters being filed with Judge Middlebrooks. Here's the Palm Beach Post coverage:They're hailing Mary McCarty and flailing her...
U.S. Attorney's Office still keeping cooperation secret from public
Posted on June 01, 2009Although Chief Judge Moreno and the rest of the SDFLA court have made plea agreements public again by allowing them to be accessed by PACER, the government is still attempting to keep cooperation agreements secret and off-line.A number of AUSAs and AFPDs have emailed me the new government policy when a defendant is cooperating: Just delete those sections* from the plea agreement and include them in a letter agreement, NOT FILED WITH THE COURT...
Ruining summer vacation
Posted on May 29, 2009No one respects childhood anymore, you know? Nowadays, it's all about pushing and prodding the kids to get ahead of the brats next door or the Chinese or whomever. And now we're doing that to our incoming batch of UM 1Ls. This showed up in my inbox just about the time my SDFla blogging wrapped up: This summer we plan to use our orientation blog to begin to explore some ideas about the law through books and films...
Justice Scalia and Rumpole
Posted on May 28, 2009Rumpole is getting all hot and bothered by Justice Scalia's recent decision in Montejo v. Louisiana, overruling Michigan v. Jackson. I don't agree with the result either, but I have taken issue with Rumpole's attack on Scalia as a "dangerous" Justice and with Rumpole's defense of stare decisis...
"Alas, once a sea cow, always a sea cow."
Posted on May 27, 2009I reproduce here for your reading pleasure section I of a motion to dismiss filed by John Kallen of Badiak, Will & Kallen, counsel for MarineMax in CLEAR MARINE VENTURES, LTD., v.BRUNSWICK CORP., etc., et al. The case is assigned to Judge Moreno....
A Hispanic judge is nominated to the Court...
Posted on May 26, 2009...but alas not one from Florida. Sonia Sotomayor is the pick.... No real surprise here.I was rooting for Harvard (Elena Kagan) instead of Yale, but another spot will open up soon.Sotomayor has more courtroom experience (she was a prosecutor and a district judge) than any of the other justices and many are calling her the liberal Sam Alito (both went to Princeton and Yale, both were prosecutors, both were Circuit judges, and both were appointed by Bush I)...
Unbelievable
Posted on May 25, 2009So dear readers, now that Helio Castroneves has won the Indy 500, Dancing with the Stars, and his federal criminal case, I have this question for you:What was more difficult to win?The Indy 500Dancing with the StarsFederal Criminal Case pollcode.com free polls
``The jury finds him not guilty, then he wins the pole position at Indy, and now the government drops the case completely..."
Posted on May 22, 2009"...All he has to do now is win the race and climb the fence.''That's Roy Black's reaction after the government announced today that it would drop the final charge pending against Helio Castroneves. Jay Weaver has the details here.The government did the right thing, as I explained before:I would be really surprised if the feds chose to retry this one count...
It's Friday!
Posted on May 22, 2009Long weekend ahead! Woohoooo! But the weather...... Looks like downtown is abandoned today, doesn't it? Just be careful driving this weekend, especially because Florida drivers rank 43rd out of the 50 states on driving knowledge. (New York is the worst...
"I've sentenced boys younger than you to the gas chamber. Didn't want to do it. I felt I owed it to them."
Posted on May 21, 2009I don't know who Magistrate Wallace Dixon is (apparently he's from the Middle District of North Carolina) but I he's jumped up my favorite judge list. Apparently Rudy Giuiani's son, Andrew Giuliana, got kicked off the Duke golf team and sued in federal court for breach of contract...
Bonanno crew busted
Posted on May 21, 2009Curt Anderson covers the infiltration of the South Florida crew here. The intro:An FBI agent posing as a crooked businessman with ties to shady bankers was key to the indictment announced Thursday of 11 people on charges they ran a South Florida racket for New York's Bonanno organized crime family...
The Sun-Sentinel *sucks*
Posted on May 19, 2009I had a lot to post about tonight -- from Paris to dumb associates to heavy Cuban accents -- but instead I'm going to tell you how stupid the Sun-Sentinel is. That paper, which has always given the Herald a run for its money, had one of the young star reporters in South Florida: Vanessa Blum...
?While some of the tales of woe emanating from the court are enough to bring tears to the eyes...
Posted on May 18, 2009...it is true that only Supreme Court justices and schoolchildren are expected to and do take the entire summer off.?That was John Roberts' response in 1983 to White House counsel Fred Fielding, who asked Roberts to evaluate a proposal then in circulation to create a kind of super appeals court to assist the Supreme Court with its ostensibly pressing workload...
Jay Weaver covers Liberty City verdict
Posted on May 17, 2009Check out the interesting piece in the Herald today. Here's the intro:Did booting a holdout juror off the panel seal the fate of the Liberty City Six?That is a central issue in the courtroom documents released last week after the five guilty verdicts that attracted national attention...
Justice Moreno??
Posted on May 14, 2009Obama's short list for filling Justice Souter's seat on the Supreme Court has been leaked. And there's a Moreno on the list. Unfortunately, it's not our Moreno -- it's California Supreme Court Justice Carlos Moreno (that's him on the left). Here's the rest of list:Solicitor General Elena KaganMichigan Gov...
Sentencing question
Posted on May 13, 2009So will the Liberty City 7 6 5 get more or less time than Jose Padilla? Remember that Judge Cooke sentenced Padilla to 17 years and his co-defendants to less time. (The over-under line was 20 years). Certainly the Liberty City defendants will be citing to Padilla's case and arguing that they should get way less time...
This and that
Posted on May 13, 20091. Mr. Quotable Mike Tein is in the NY Times today, discussing the Liberty City verdict: ?If you sledgehammer the square peg three times, eventually you?re going to blast it into the round hole. This isn?t a terrorism case; it?s an overcharged gang case...
Five of six convicted in Liberty City 6 case
Posted on May 12, 2009Naudimar Herrera was acquitted. The rest, including lead defendant Narseal Batiste, were convicted. Initial Herald article here.UPDATE (4:24pm): South Florida Lawyers has a funny post on the verdict. The Sun-Sentinel covers the case here. And the AP is also covering the case...
Should prosecutors hire jury consultants?
Posted on May 11, 2009Michael Froomkin, blogging at Discourse, raises the very interesting question here. From his post:If the US Attorney?s office uses jury consultants to tell them how to select a prosecution-friendly jury, that would seem to me to be not just unsavory, but to raise some due process and right to jury trial issues...
FBA lunch this Wednesday
Posted on May 11, 2009Judge John Gleeson is speaking at the Federal Bar Luncheon this Wednesday at the Banker's Club at 11:45. Please RSVP to Celeste Higgins at Celeste_Higgins@fd.orgGleeson is a District Judge in the Eastern District of New York, and was a former federal prosecutor -- the same John Gleeson that prosecuted John Gotti...
Back from the West Coast
Posted on May 10, 2009It was a fun week in San Francisco (I can't believe I missed the Father Cutié drama)...I see the blog was in good hands while I was away. Rick was great and we hope to have him back on a regular basis.Just a couple of quick hits before we get going for the week:-- The Liberty City 6 jury (the latest version of it) will continue deliberating this week...
Let's all get together for some legal research
Posted on May 08, 2009Judge Gold set an evidentiary hearing for July 13th to sort out whether treaties or Swiss law prevent UBS from divulging account holder names to the IRS, reports the DBR. (The link is for subscribers only.) According to the article by John Pacenti, Gold ordered the Attorney General to explain by June 30th whether the IRS position is correct...
Game on
Posted on May 08, 2009Dear Curt, David, and Willie?I'm thinking about applying for that U.S. Attorney gig. I wanted you guys to hear it from me.
D.O.M. canned me
Posted on May 08, 2009Honestly, I don't know how D.O.M. does this and runs a practice. It's like being Dick Vitale and Coach K for the same game. Anyway, a week of wearing just one hat was nearly more than he could take. And this morning's little joke certainly didn't help...
Money is no object
Posted on May 07, 2009I was getting a little desperate for something on the Liberty City 6 trial. Jay Weaver has been redeployed to the Herald's team on the scandal over Father Television's day at the beach. Fortunately, Vanessa Blum came through with something on theme for the SDFla Blog...
The birds and the Indians
Posted on May 06, 2009It turns out D.O.M. reads the comments. I know, I know. I couldn't believe it either. He says to me, "You need to write about civil cases. And someone said you're posting too much. Also, some people want to see pictures of handsome men.""D, those are anonymous...
Zarabozo sentenced to life
Posted on May 06, 2009Judge Huck imposed five consecutive life sentences plus 85 years on 21-year-old Guillermo Zarabozo for his role in the murders and other crimes committed aboard the Joe Cool. Zarabozo maintained that his accomplice Kirby Archer, who is serving a life sentence, was solely responsible for the killings.
Paris to answer questions from The Chief's witness chair?
Posted on May 06, 2009The media are giddy over poor Paris' deposition in connection with Goldberg v. Paris Hilton Entertainment, Inc., a case pending before The Chief. Tew Cardenas represents the receiver for a local company that invested in a movie Paris was in but allegedly did not do enough to promote...
The "maybe-nots" have it
Posted on May 05, 2009Have a rough day at the office ahead of you today? I bet Judge Lenard can sympathize. Apparently, "sternly order[ing]" the jurors in the Liberty City 6 trial "to follow the law and obey her instructions regarding their duty to deliberate" (as Curt Anderson put it for AP) did not do the trick...
Faculty disapproves Acosta's bid for FIU deanship
Posted on May 05, 2009The FIU College of Law faculty recommended that the university not offer the deanship to U.S. Attorney R. Alexander Acosta, reports the DBR. (The on-line article is apparently available only with a paid subscription so I can't link to it.) The faculty endorsed two candidates, Beto Juarez, dean of the DU Sturm College of Law?a fantastic place to spend spring semester teaching criminal procedure and skiing?and Joel Friedman, a Tulane Law professor...
A tiresome rant on grammar but you get a free DFW essay out of it
Posted on May 05, 2009So, the other day I'm at the gym over at the U and one of the undergrads who works there is all excited about his LSAT score and can't wait to apply to law school. I ask him how he feels about grammar and diagramming sentences, and he looks at me like I'm some kind of walking non-sequitur because what he's really good at is arguing...
Too much democracy
Posted on May 04, 2009Go here right now and type in David Oscar Markus. Or copy and paste it. I've made it easy for you.
Help Wanted
Posted on May 04, 2009So, D.O.M. calls and he's all, "Why haven't you posted anything all day long?" and I'm like, "Dude, I've been working like a dog, yo," and he's all up in my face with, "Doing what?" like he's the boss of me or whatevers and I'm like, "Grading papers and exams," and then he busts out with, "What's all that wind?" like if he doesn't know I like to grade on the Bay and now that's gonna be a thing because, "Think of the Blog!" and everything...
"Please help us, judge."
Posted on May 03, 2009It didn't take. The mind-wipe, I mean. It didn't work.Friday afternoon, deliberations over the fate of the Liberty City Six hit a new snag, according to reports by the Associated Press and the Miami Herald. Here's the abridged version of the AP report:A few hours after an ill juror was replaced, a note signed by the jury foreman in the "Liberty City Six" case said a female juror "refuses to engage in discussions based on the evidence or the law" and that this could be "unfair to the defendants," according to U...
SDFla Blog Origins
Posted on May 03, 2009This weekend Hollywood brought us the career-beginning adventures of Wolverine and the mutants and (way more importantly) the crew of the Starship Enterprise. So I thought I'd stay on theme and screen the clip of how D.O.M. came to start this blog.And that's how it happened...
Souter succession speculation
Posted on May 02, 2009ABC News Supreme Court correspondent Jan Crawford Greenberg canceled her scheduled appearance today at the Eleventh Circuit Judicial Extravaganza in Birmingham. Instead, she stayed in Washington to contribute to the frenzy of speculation about Justice Souter's successor...
Judge Altonaga feted in New Haven
Posted on May 02, 2009The Latino Law Students Association at Yale Law School is awarding SDFla Judge Altonaga (YLS '86) its Public Service Award tonight at New Haven's Union League Café. Dean (and Supreme Court Candidate®) Harold Koh is scheduled to attend. Last year, LLSA honored Judge (and Supreme Court Candidate®) José Cabranes (which we know because they have yet to update their web site)...
Bern backs UBS
Posted on May 02, 2009The government of Switzerland filed an elegantly understated amicus brief for Judge Gold's consideration on Thursday (according to PACER) or yesterday (according to the media). The upshot of it is that enforcement of the United States' summons?which it implies (but refrains from outright saying) is just a "fishing expedition"?circumvents the applicable treaty and violates Swiss law...
"I direct you to wipe your minds clean."
Posted on May 01, 2009That was Judge Lenard instructing the Liberty City jury to start over with its deliberations, after replacing a sick juror with an alternate. Here is Jay Weaver's article.
Guest Blogger
Posted on May 01, 2009Professor Ricardo Bascuas has agreed to guest-blog next week. Have fun!
Another mistrial?
Posted on April 30, 2009The Liberty City 6 case looks like it's on the way to another mistrial...UPDATE -- 4PM -- Judge Lenard dismissed the sick juror. She is hearing arguments about replacing that juror with an alternate. Here's the Herald article.Original post from this morning addressing the problem:Here's the Herald article:Jury deliberations in the third terrorism trial of a group of inner-city Miami men accused of collaborating with al Qaeda were delayed Thursday because a juror has fallen ill and cannot return until next week...
Justice Souter retiring at the end of the Term
Posted on April 30, 2009WOW!! Big news!!Here's ScotusBlog:Justice David H. Souter has decided to retire when the Supreme Court completes its current Term in early summer, the NBC-TV network reported Thursday night. The 69-year-old jurist, who is completing his 19th year on the Court, has passed word of his plans to others, and the White House has been told, according to the network?s account...
Supreme Court affirms 11th Circuit...
Posted on April 29, 2009... in US v. Dean. Chief Justice Roberts opens the opinion this way:Accidents happen. Sometimes they happen to individuals committing crimes with loaded guns. The question here is whether extra punishment Congress imposed for the discharge of a gun during certain crimes applies whenthe gun goes off accidentally...
"There is no constitutionally significant difference between masturbating in front of a minor in person versus doing so via web camera."
Posted on April 28, 2009That's the Eleventh Circuit in USA v. Aldrich. Not sure I have anything to add to that one.Moving on to other appellate news, the 11th Circuit reversed Judge Highsmith's sentence of probation for James Hendrick, "once Monroe County's powerful government attorney...
Here's $60K to go work somewhere else
Posted on April 27, 2009Apparently some of the big firms in DC, Boston, and New York are paying people to take a year off and work at a public interest job. Here's the Boston Globe story. Any word of that happening here in Miami?From the article:With his degree from Harvard Law School due in June, Juan Valdivieso makes an attractive prospective hire, and last summer, he scooped up a postgraduation job offer from the white-shoe firm Morgan, Lewis & Bockius in his native Washington, D...
Cert petition denied for Sal Magluta
Posted on April 27, 2009Here's the AP:A reputed cocaine kingpin has lost his fight to reduce his 195-year prison term.The Supreme Court, acting Monday, rejected an appeal from Salvador Magluta, who was convicted of laundering at least $730,000 in drug money and bribing a juror at an earlier trial...
What up SDFLA?
Posted on April 26, 2009It was a nice weekend, no? The weather was fantastic. It was cooler here than in New York this weekend.Plus, the Heat won. Jermaine O'Neal is showing why we traded for him.The Dolphins had a nice draft. We addressed our needs and got some big upside with our first couple of picks...
Only in South Florida...
Posted on April 23, 20091. Law firm handling "Chinese dry wall" cases has that same problem in their office. (Palm Beach Post)2. "Lauderdale Lakes woman stole ID to pay for tummy tuck, feds say." (Sun-Sentinel)3. Mutual Benefits sealed documents to remain under seal. (Sun-Sentinel)
Roy Black interviewed on Helio case
Posted on April 22, 2009Tom Withers, who runs the awesome Federal Criminal Defense Blog out of Savannah, Georgia, has this great interview of Roy Black. Check it out. Here's the intro question and answer:Q: Thanks for your time and congratulations on the not guilty verdicts in the Helio Castroneves case...
The Fourth Amendment is not dead yet...
Posted on April 21, 2009...not even in cars. See Arizona v. Gant, decided today (holding that police may search the passenger compartment of a vehicle incident to a recent occupant's arrest only if it is reasonable to believe that the arrestee might access the vehicle at the time of the search or that the vehicle contains evidence of the offense of arrest)...
Will the feds retry Helio Castroneves?
Posted on April 20, 2009As you all know by now, the jury acquitted Helio Castroneves and his co-defendants of all counts, save for one conspiracy count. Technically the government has the ability to retry Helio on that count. But will they? In the past, this U.S. Attorney's office has retried defendants after hung juries -- for example, we are on the third Liberty City trial, and the office retried the Joe Cool case after it hung...
Who will be the next U.S. Attorney?
Posted on April 20, 2009Inside Track has a post here about the slow selection process. Here's a piece:While other states are starting the interview process, the federal Judicial Nominating Commission in the Sunshine State still has not issued a notice seeking applications to replace Miami U...
Helio Castrnoves found not guilty
Posted on April 17, 2009All three defendants found not guilty. The jury hung on one count as to Helio... I can't imagine that they would retry it. Congrats to him and his defense team.
Rumpole, get that Benjamin ready
Posted on April 17, 2009The jurors in the Helio case asked for the opening statements to be read back today. Judge Graham said no, telling the jurors that opening statements weren't evidence. From Jay Weaver's article:The jury said it reached a verdict on two tax-evasion counts against the 33-year-old Castroneves and deadlocked on five others -- including the leading conspiracy charge...
BOP listserv moderator Howard Keiffer convicted
Posted on April 17, 2009Many criminal defense lawyers, prosecutors and judges are members of the BOP listserv, which was started by Howard Keiffer. Keiffer spoke at conferences around the country about the Bureau of Prisons and related issues. I emailed with him a couple times over the years...
Partial Verdict in Helio Castroneves case
Posted on April 16, 2009The jury has reached a verdict on all counts as to the lawyer, Alan Miller. That verdict form has been placed in a sealed envelope. The jury has also reached verdicts on 3 counts as to Helio Castroneves and 2 counts as to his sister. The jury has been told to continue deliberating on the other 5 and 6 counts, respectively...
This can't be real, can it?
Posted on April 15, 2009From the Sun-Sentinel:With thick tape wrapped around his face, his hands bound and layers of shrink-wrap pinning him to a chair, the 17-year-old abductee was threatened with a blowtorch.His mother stood by, pleading on the phone for her ex-husband to pay the kidnappers...
Judge Gold rules Florida law on Cuba travel is unconstitutional
Posted on April 14, 2009If you wanna go to Cuba, now's a good time to pack your bags. Yesterday Obama eased restrictions on travelling there. And today, Judge Gold issued an Order finding a Florida law making trips there more expensive unconsitutional. Here's the Herald's take: A federal judge Tuesday morning overturned a 2008 state law that increased registration fees and requirements for travel agencies specializing in trips to Cuba...
Back from Spring Break
Posted on April 12, 2009Well, spring break is over, and you can feel it -- it already feels like summer outside. I'm already missing the blast of cool air from last week.This week, we'll be sure to hear the Castroneves verdict.Last week, I missed the 11th Circuit's opinion in Gen...
Helio Castroneves case to jury
Posted on April 09, 2009Here's AP coverage and Sun-Sentinel coverage of the closings. Here's the govt case:Racing champion and reality TV star Helio Castroneves took part in "a pattern of deception" with his sister and lawyer to avoid paying taxes on more than $5.5 million, a federal prosecutor told jurors Thursday in closing arguments...
You gotta know when to hold em...
Posted on April 08, 2009Check out this cool story about a Yale Law School student who doubles as a professional poker player. From the end of the story:After graduating from Yale in 2005 with a degree in political science, Selbst pursued a Fulbright Scholarship in Madrid. When she returned the next summer, she turned pro and, within a year, won the first of her World Series payouts, taking her game to the final table of the No-Limit Hold-Em event, which ESPN broadcast, and banking $101,285 for her seventh-place finish...
"In 25 years on the bench I have never seen anything approach the mishandling and misconduct I have seen in this case."
Posted on April 07, 2009That was Judge Emmet Sullivan today, ordering a probe into the Ted Stevens case. Here's the AP. The coverage of the case is worth a read. From the article:During Tuesday's hearing, Sullivan read a primer on criminal procedure, the kind of rudimentary lecture students normally receive during their first year of law school...
Bad times for lawyers
Posted on April 06, 2009The Herald's business section has a long piece on how the tough economy is affecting lawyers. And Julie Kay makes a special guest appearance here. (UPDATE -- Julie wrote the long piece as well, but they cut her name out of the byline!). One of the recruiters quoted in the article has this happy thought for lawyers who have been laid off: "Think about learning a new practice area or even a new career...
"He left behind a watch collection that Prince Charles would be envious of."
Posted on April 05, 2009Mike Tein has gotta be the most quotable lawyer in the District. The watch collection belongs to Won Sok Lee. The Palm Beach Post has the story:After four years as a fugitive, alleged hedge fund swindler Won Sok Lee was in U.S. District Court on Friday morning; having been arrested in his native Korea in February as he tried to board a plane to Argentina...
Blogging Block
Posted on April 03, 2009Nothing is grabbing me for a post today. Maybe because it's Spring Break next week... Or maybe because I have to go to FDC this morning. I dunno...Anyway, I guess I could write something up about the accountant accused of hiding money in the UBS Swiss bank account...
Federal Bar luncheon
Posted on April 01, 2009via Celeste Higgins:Please join me in welcoming this month?s Federal Bar Association's Lunch Series speaker, Dr. Redmond Burke. His presentation is: Medicine at the Speed of Thought. Dr. Burke, a graduate of Stanford University and Harvard University Medical School, became the Chief of Pediatric Cardiovascular Surgery at Miami Children?s Hospital at the age of 36...
A new day
Posted on April 01, 2009Maybe the Obama Justice Department means business: it is dropping its case against Sen. Ted Stevens because prosecutors withheld evidence. Here's the AP article. Perhaps this will send a strong message to line prosecutors around the country that Brady material should be disclosed...
Jury votes for death in Turnpike murder case
Posted on March 31, 2009The Sun-Sentinel has the story here. It's the first time a jury has voted for the death penalty in this District since the feds authorized it back in 1988:Two men who executed a family of four on Florida's Turnpike deserve to die for the murders of the two young children they shot, a jury decided with a 12-0 vote on Tuesday afternoon...
Prosecution rests in Castroneves trial
Posted on March 30, 2009Curt Anderson has the story. http://www.miamiherald.com/sports/breaking-news/story/974895.htmlSo, will Helio testify? Although I am blogging this from my Blackberry, I promise I am not doing it inside the courtroom!--David Oscar Markuswww.markuslaw.com305-379-6667
Who wants to be a federal judge?
Posted on March 30, 2009John Pacenti has the story in today's DBR: Even before a call for official applications, some prominent names are swirling in the Miami legal community to replace U.S. District Judge Daniel T.K. Hurley, who took senior status. ? Federal Public Defender Kathleen Williams and Miami-Dade Circuit Judge Robert Scola are expected to apply...
"Once a power couple, Kevin and Mary McCarty pay for ill-gotten gains"
Posted on March 29, 2009That's the headline from the strong coverage of the McCarty case - she was a Palm Beach Commissioner - from the Palm Beach Post. Here's the link: http://www.palmbeachpost.com/search/content/local_news/epaper/2009/03/27/0327mccarty.html She pleaded guilty in the morning (before Judge Middlebrooks) and her husband was sentenced in the afternoon...
Ceremony for Judge Graham
Posted on March 26, 2009Here are pictures (yes, they were taken with my phone so they aren't so good) from yesterday's really nice award ceremony for Judge Graham: Judge Graham accepting the award, surrounded by his law clerks. Judge Graham's staff, who he thanked during his acceptance speech...
Helio Castrnoves
Posted on March 25, 2009I was at the courthouse today and popped into the Castroneves trial. I lasted there about 5 minutes. After the DOJ prosecutor asked the following question, I left: "Now, we've been discussing general ledgers for some time -- please explain to the jury what a general ledger is...
Update on Judge Moreno's Adminstrative Order
Posted on March 25, 2009I have confirmed that the Order applies to attorneys as well as reporters (background here). No one is permitted to text, email, twitter, post, etc from inside the courtrooms...
What's the big secret?
Posted on March 25, 2009Here's more on the Mutual Benefits recusal from Vanessa Blum...Our previous coverage here.From the Blum article:Over objections from area newspapers, a federal judge today closed a court hearing on secret filings in a case stemming from one of South Florida's biggest frauds...
Monday morning...
Posted on March 23, 2009Ahhhh, it's Monday morning. Everyone had their cafecito yet?I took the weekend off, trying to recover after the long trial I just finished. It's hard to unwind after being revved up for so long. I went to the NCAA games on Friday -- all four of em... There's nothing like March Madness...
New administrate order on text messaging, emailing, twittering, typing, and cellular phone use
Posted on March 23, 2009Judge Moreno issued a new administrative order today allowing reporters to bring their cells into the courthouse, but:prohibit[ing] text messaging, emailing, twittering, typing, and any cellular phone use from inside courtrooms. These actions by persons inside the courtroom violate the sanctity of the courtroom and disrupt ongoing judicial proceedings...
Amici support Cuban 5
Posted on March 19, 2009John Pacenti covers the amicus briefs filed in support of the Cuban 5:Nobel laureates, scholars and international organizations have flooded the U.S. Supreme Court with legal briefs in support of five convicted Cuban spies, arguing the defendants were sandbagged from the start because the Miami trial took place in a city defined by decades of anti-Castro fervor...
"Unequal Justice"
Posted on March 19, 2009That's the title of this riveting Miami New Times piece about prison rape at the Miami FDC. We blogged on this issue before here. Below is the intro to the in depth article that is worth a read:On the fifth floor of the Federal Detention Center in Miami, a short and stocky inmate stood sweeping the floor...
Judge Graham to receive prestigious award
Posted on March 18, 2009Congrats to Judge Donald Graham who is receiving the William M. Hoeveler Award for ethics and leadership in the legal profession from the University of Miami School of Law Center for Ethics & Public Service. The reception is at 4pm on March 25th and the ceremony is at 4:30...
Judges dispute goes public
Posted on March 17, 2009Many of you have seen the Zloch-Morenomemos that went back and forth. We made the decision not to blog about it for the reasons Judge Palermo articulated in this Julie Kay article. But now that it's in the DBR, we post the article for your review...
Google Mistrial
Posted on March 17, 2009The NY Times has an article about the mistrial in Judge Zloch's courtroom last week after jurors did internet research:Last week, a juror in a big federal drug trial in Florida admitted to the judge that he had been doing research on the case on the Internet, directly violating the judge?s instructions and centuries of legal rules...
Thanks South Florida Lawyer!
Posted on March 15, 2009Well, after a month of working around the clock, I'm back. It was almost impossible to blog during the trial, so thankfully South Florida Lawyer agreed to step in. He was fantastic and kept the blog alive. Thanks! You are welcome here anytime!So let's get right back to it...
HOORAY!
Posted on March 13, 2009You know who here, still...oh hail let's get right to John Pacenti's delicious write-up of the big man's big win:?This verdict restored my faith in our justice system,? said David O. Markus, one of Shaygan?s attorneys. ?It shows win-at-all costs takes a back seat to justice...
Waiting For the Man.
Posted on March 12, 2009SFL here, waiting like everyone else for the jury to come back in the big man's trial:"Addicts sometimes lie to get their drugs and doctors are going to get fooled," defense attorney David Markus said. "But that doesn't make them drug dealers."Shaygan is charged with 141 counts of unlawful prescribing...
Closing Arguments in the Shaygan Trial
Posted on March 11, 2009Hi kids, SFL still in da' house (to paraphrase rap artist/Congresswoman Bachmann), while the big man does that thing trial lawyers do, what is it again, oh yeah:Prosecutors and defense lawyers will make closing arguments today in the trial of a South Florida physician accused of acting as a drug dealer...
Helio Trial Resumes Today.
Posted on March 10, 2009Hi folks, blah blah blah.I see the Helio trial resumes today:Experts say jurors will have to decide if the Castroneves deal was real or contrived to make it appear he didn't have control of his Penske money."What the government is saying is, if you are entitled to some cash, and you leave it in your mother's bank account, it's still your cash," said Chas Roy-Chowdrey, a tax expert with the global industry group Association of Chartered Certified Accountants...
Shaygan Trial Cross-Examination
Posted on March 10, 2009SFL here, because David is there:'These people there said, `Tape-record the defense,' '' defense attorney David O. Markus declared, pointing to prosecutors Sean Cronin and Andrea Hoffman. ``When I called you, you tape-recorded me.'' The government witness, Trinity Clendening, agreed, admitting he recorded Markus on his home phone two times in December...
"Much of Brickell Avenue Was Built With Drug Money."
Posted on March 09, 2009Welcome to Monday, folks -- SFL here, still subbing for the big man.Remember, no throwing erasures in the classroom!That great quote above is from Joe DeMaria, weighing in on the black market peso exchange and the government's case against Ben Kuehne:Kuehne is represented by Miami attorney Jane Moscowitz of Moscowitz & Moscowitz and John Nields of Howrey in Washington...
Goggles case finally over
Posted on March 06, 2009Vanessa Blum has the scoop:A federal judge sentenced an Iranian woman today to five years and three months in prison for trying to illegally export U.S.-made night-vision goggles to Iran.Sharhazad Mir Gholikhan, 31, was found guilty of violating trade laws in December after she represented herself at trial...
Judge Garber Nixes Ochoa Bid for Retrial
Posted on February 26, 2009SFL here.Magistrate Judge Garber denies Ochoa motion:U.S. Magistrate Judge Barry Garber denied the request by Medellín cartel leader Fabio Ochoa, whose lawyer argued that convicted codefendant Alejandro Bernal was not a truthful witness in the 2003 trial...
"Well Known" Motorcycle Mechanic Sentenced Before Judge Altonaga
Posted on February 26, 2009Hi folks!SFL here, still doin' time at David's fine place while the big man goes to court and cross-examines witnesses -- you know, the stuff we all wish we were doing right now....Here's what's happening in Judge Altonaga's courtroom:R. Alexander Acosta, United States Attorney for the Southern District of Florida, and Jonathan I...
More Complications in the UBS Case
Posted on February 25, 2009SFL here, still filling in while David does his "trial lawyer" thing.More on UBS --Now Judge Gold has a Swiss federal court to possibly contend with:UBS was sued on Tuesday in a Swiss federal court by wealthy American clients seeking to prevent the disclosure of their identities as part of a tax-evasion investigation by the United States Justice Department...
Ho Hum -- The Princess, A Sex Sting, and UBS
Posted on February 24, 2009Hey, can you tell it's SFL here?Yep, still foolin' around while David tries another big case.So I told you all this UBS thing was big. Here's an update on what went down in Judge Gold's courtroom yesterday:U.S. District Judge Alan S. Gold set a July 13 hearing on the IRS lawsuit, unless an agreement is reached first...
Judge Daniel T. K. Hurley...
Posted on February 24, 2009...is taking senior status.We are losing a gem of a judge. I recently tried a case with Judge Hurley and he loves being a judge and trying cases. That's evident from being in trial for a month with him. He is courteous to the lawyers and treats both sides with complete respect -- and he is a thoughtful judge...
More on Kuehne R&R
Posted on February 23, 2009SFL here, hope you had a nice weekend.Here's a nice quote from John Pacenti's article on Judge Bandstra's R&R on Ben Kuehne:If Bandstra?s decision stands, the case would be down to five substantive money laundering counts. Kuehne and Saldarriaga are accused of using a money broker to hide the movement of drug profits into the defense fund...
Another one bites the dust
Posted on February 20, 2009The government's case against Ben Kuehne is in utter shambles -- Count I (the most serious count) was already dismissed. The case against a co-defendant has been dismissed. And now, Magistrate Judge Bandstra has recommended that Count 7 -- the wire fraud count -- be dismissed against all defendants...
Is It Friday Already?
Posted on February 20, 2009By SFLBoy the federal court beat is...a little beat today.Does it count as SD FL news that I saw Judge Moreno having a nice lunch at La Loggia yesterday?No, guess not -- darn, where's Julie Kay when you need her?Anyways, the always-in-trial big man already updated us on Joe Cool...
Guest Blogging At David's Place.
Posted on February 19, 2009Hi folks, SFL here.David was kind enough to lend me the keys to his soapbox for a few days because, as you may have heard, he's busy doing IMPORTANT LEGAL STUFF.In fact, here's a taste of what the big man has been up to this week:The guiding principle of the medical profession is often stated as "First, do no harm...
New Plea Agreement Policy Becomes Effective Tomorrow
Posted on February 19, 2009SFL here, still muckin' around this joint while David tries another big case.Boy I feel like a dinosaur thinking back to the days when the clerk's office was not automated, and you had to actually walk over to Court to pull a docket or see an administrative order...
Joe Cool verdict
Posted on February 19, 2009Guilty.I am loving guest-blogger South Florida Lawyer. Great stuff below...Thanks.
Exhaustion
Posted on February 18, 2009Trial the last two days from 8:30 am to 6:30pm. I'm tired...Updates you probably know already:Openings in the Liberty City 6 today.Closings in the Joe Cool case and the jury is out.Good news -- South Florida Lawyer has agreed to guest blog. THANK YOU!
Looking for part-time blogger!
Posted on February 17, 2009I am trial, probably for the next 4-5 weeks. (Details here). Anyone interesting in helping out while I'm busy?
''He said if I blamed it on him, he was going to turn it around on me."
Posted on February 15, 2009That was Guillermo Zarabozo, the Joe Cool defendant, testifying on Friday. Here's a snippet of the Herald article:''I told them what he told me to say,'' Zarabozo testified at the murder retrial in federal court in Miami. ``It was the biggest mistake of my life...
Breaking -- Judge Cooke dismisses case against Ben Kuehne's co-defendant for Speedy Trial violation
Posted on February 13, 2009In a 13-page Order, Judge Cooke has dismissed the case against Gloria Florez Velez, the lead defendant in the Ben Kuehne case for a violation of her speedy trial rights. Henry Bell represents Ms. Velez. More to follow...
To Tase or not to Tase
Posted on February 12, 2009That's the video from Buckley v. Rackard, 292 Fed. Appx. 791 (11th Cir. Sept. 9, 2008). The ACLU is asking for the Supreme Court to take cert. Here is their press release.
Racial issues come up during jury selection in Liberty City trial
Posted on February 12, 2009The defense is arguing that the prosecutors are striking all the African-American jurors. The prosecution is arguing that the defense is striking all the Hispanic males. Both sides are giving race-neutral reasons for their strikes. Judge Lenard has halted jury selection and has asked for briefs by Tuesday.
Written Testimony
Posted on February 11, 2009For those that are interested, here is my written testimony to the Sentencing Commission.
Miami Herald : South Florida prosecutor up for dean of FIU's law school
Posted on February 10, 2009Dean Alex? Check out the link below. Sorry for the sloppy post but I am sending this from my Blackberry as I am testifying today before the US Sentencing Commission. More on that later. http://m.miamiherald.com/mh/db_8477/contentdetail.htm?contentguid=LjMGqzq3&storycount=112&detailindex=4&full=true#display--David Oscar Markuswww...
Sentencing Commission testimony
Posted on February 10, 2009I had the pleasure today to testify before the U.S. Sentencing Commission regarding the 25 year anniversary of the Sentencing Reform Act. Here's the agenda of speakers at the regional hearing, and here's an article from the local paper previewing the hearings...
La Bamba and owner guilty
Posted on February 10, 2009Here's the Herald article. Judge Lenard must be breathing a small sigh of relief that she at least got a verdict on the two lead defendants in the case. The jury was out over two weeks and she was in the middle of starting trial #3 in Liberty City 7...
The usual suspects
Posted on February 09, 2009Jay Weaver has an article this morning about Alex Acosta being asked to stay until the Spring, and about his possible replacement. The usual suspects are listed: David Buckner, Curt Miner, Jackie Becerra, Mark Schnapp, Willie Ferrer, and Daryl Trawick...
11th Circuit approves book banning -- case not over yet
Posted on February 06, 2009By Julie KaySo the 11th Circuit Court of Appeals has ruled in the controversial, three-year-old case of book banning brought by the ACLU against the Miami-Dade School Board. The court, in a 2-1 opinion, reversed U.S. Circuit Court Judge Alan Gold and ruled that the School Board was within its rights to yank the childrens' book Vamos a Cuba due to "factual inaccuracies...
Breaking: Supreme Court Justice Ginsburg Undergoes Cancer Surgery
Posted on February 05, 2009From NPR:Supreme Court Justice Ginsburg Undergoes Cancer SurgerySupreme Court Justice Ruth Bader Ginsburg has undergone surgery for pancreatic cancer, apparently at an early stage. The court said the 75-year-old Ginsburg had the surgery Thursday at the Memorial Sloan-Kettering Cancer Center in New York...
Federal Bar reception
Posted on February 05, 2009Over 500 lawyers and judges filled the downtown Hyatt tonight for the annual South Florida Federal Bar Association Reception. I forgot to snap pictures... Sorry. Random thoughts:I wonder if the judges dread it or whether they enjoy it. It's also interesting to watch people work the room...
"That's a nasty, impolite question."
Posted on February 04, 2009That was Justice Scalia yesterday speaking to the Palm Beach Bar Association. From the Sun-Sentinel article:In a room filled with some of Palm Beach County's most powerful people, it took a 20-year-old political science student to throw off U.S. Supreme Court Justice Antonin Scalia on Tuesday afternoon...
CocoDorm allowed
Posted on February 03, 2009The Herald headline is: "Judge OK's gay porn filming in Miami."Headlines don't get much better than that, do they?The Judge is Judge Cooke.Here is some of the article:The boys of Cocodorm -- Snow Bunni, J Fizzo, et al -- are staying put, after a federal judge ruled that the gay porn website has a right to film out of its Edgewater home...
In the comments, there are calls
Posted on February 03, 2009In the comments, there are calls for the follow up to what I called the most boring post ever. Here is one of the comments:How about something less prurient and more generally worth noting: the 11th Circuit in an en banc opinion overruled its prior decision in United States v...
Stop the presses -- Snitch's misconduct not disclosed to defense
Posted on February 02, 2009John Pacenti has the story here about the latest transgression -- this time in a health care fraud prosecution. Orlando do Campo and Joaquin Mendez have filed a lengthy motion arguing their client deserves a new trial. Here's the intro from the DBR article:In the Justice Department?s stout-hearted fight against health care fraud in the heart of Hialeah, Orlando Pascual Jr...
Cuban 5 cert petition
Posted on February 02, 2009Read it here.And here is the SCOTUS Blog post on the case.Tom Goldstein who runs SCOTUS Blog is counsel of record in the Supreme Court for the five.
Back-to-back NGs in Altonaga
Posted on January 30, 2009The FPD's office has started off the year H-O-T.We reported earlier on the NG verdict in Judge Altonaga's courtroom this week. Today, AFPDs Helaine Batoff and Sabrina Puglisi get to start their weekend off with a bang -- not guilty on a Friday afternoon, again before Judge Altonaga.
''If you shoot a child in Liberty City . . . you may have killed the next president of the United States.''
Posted on January 29, 2009That was Al Sharpton today in Liberty City. The recap is here. Anyone watching the new season of Lost? I'm digging it. Here's a recap of last night's episode in case you missed it.South Florida Lawyer has a new look at the top of his blog... Rumpole has music playing in the background of his blog...
Guest Blogger Extraordinaire
Posted on January 29, 2009I am excited to announce that Julie Kay has agreed to guest-blog for a while here at the Southern District of Florida Blog. Please join me in welcoming Julie.
"A mistrial was declared Monday when a home-invasion robbery suspect smeared human feces on his attorney's face then threw more at the jury."
Posted on January 27, 2009No, that didn't happen in our courtrooms. It happened in San Diego. But it's hard not to post this story....In Judge Altonaga's courtroom today, the jury acquitted Brian Stekloff's and Vince Farina's client. I trust that the defendant in that case didn't throw anything at the jury...
Former SDFLA clerk goes to Supreme Court
Posted on January 26, 2009Congrats to 30-year old Lindsay Harrison, a fifth year associate at Jenner & Block, for arguing before the Supreme Court last week -- her first appellate argument. A bunch of blogs have been covering the argument and Ms. Harrison, who clerked for Judge Gold and Judge Barkett...
News and Notes
Posted on January 26, 20091. Liberty City 6, part 3, starts today. (via Herald) 2. The Cuban Spies are petitioning for cert and have brought in super Supreme Court lawyer, Tom Goldstein (of ScotusBlog fame). They are also trying to work out a political resolution to the case. (via Herald) 3...
Prison riot at Coleman High
Posted on January 25, 2009Here's the article from CNN. Apparently, 8 inmates were injured, one by gunfire. More info as soon as it's available.In other news, Vanessa Blum explains that the new U.S. Attorney will likely have different law enforcement priorities:In the coming months, President Barack Obama will put his own stamp on crime-fighting efforts in South Florida by naming a new U...
Plea agreements to be available again
Posted on January 23, 2009We have discussed before (and criticized) the local rule taking plea agreements off-line and hiding them from the public. Here's what we said back then:This is a silly policy, which is only in place in this District (as far as I know). Hopefully it will be changed soon (the local rules committee is studying it)...
Obama stuff
Posted on January 22, 2009Who was right on the oath flub? Most have sided with Obama, but here's Roberts' side of the story (via Althouse). Is Obama keeping his Blackberry or some other device? (Hat tip: JK)More of the same from Obama? Here's a funny Jon Stewart clip:.cc_box a:hover ...
This and that
Posted on January 20, 2009Whew -- thankfully, I was able to see the inauguration before my Broward hearing this afternoon. Unbelievable! Even the Broward judge and prosecutor seemed to be in good moods today.In that vein, we will post the positive article about Alex Acosta, by Julie Kay, not the negative one being discussed by commenters and another blog...
A New Hope
Posted on January 19, 2009I am so bummed... Instead of watching the inauguration tomorrow, I will be stuck in state court in Broward. I kid you not. Shouldn't courts be closed tomorrow? Thank goodness for TiVo. A big shout out to all the FOB (friends of blog) who are in DC...
"My innocent client is being dragged along for the ride."
Posted on January 16, 2009That's Joel Hirschhorn on the Mutual Benefits case after two judges have recused and the U.S. Attorney and his chief have recused from the case. What is going on?Here's Vanessa Blum's article, which is extremely interesting. The case is now assigned to Judge Jordan and Eric Bustillo is the AUSA who signed off on the indictment...
First federal not guilty of the year?
Posted on January 15, 2009Bill Matthewman got one yesterday before Judge Marra in a felon in possession case. First not guilty of the year in the District?
"Nice off the bench"
Posted on January 14, 2009Brian Tannebaum has been doing a bunch of provocative blogging over at his site. I enjoyed reading this post about Judges being "nice off the bench." Here's a snippet:A standard description of judges is that he or she is "nice off the bench."When you say a judge is "nice off the bench," it naturally means they are not nice on the bench...
C'est la vie
Posted on January 14, 2009It doesn't look like it was a good day for Gen. Manuel Noriega.Here's the AP Report: A skeptical panel of federal appeals judges questioned Wednesday whether former Panamanian dictator Manuel Noriega has any legal right to challenge his proposed extradition to France to face money laundering charges...
Chris Hansen to speak at Federal Bar Luncheon
Posted on January 13, 2009This month's guest speaker for the Federal Bar Association's luncheon series is Dateline NBC's Chris Hansen on January 21st at the Banker's Club. Mr. Hansen is a 7- time Emmy winner and renowned correspondent with Dateline NBC. He is perhaps best known for the "To Catch a Predator" series but his investigative reporting includes efforts to expose international identity thieves, child sex rings in Cambodia, counterfeit prescription operations out of China, and international child labor violations...
11th Circuit to hear General Noriega's case
Posted on January 13, 2009Curt Anderson has this interesting piece about the oral argument before the 11th Circuit regarding whether Gen. Manuel Noriega should be extradited to France or whether he goes back to Panama:As the only prisoner of war held on U.S. soil, inmate No. 38699-079 gets annual visits from the Red Cross and can wear his military uniform and insignia when he goes to court...
"How a mother of two ended up in a plot to smuggle high-tech gear to the enemy."
Posted on January 12, 2009The Miami New Times covers Shahrzad Mir Gholikhan here. You remember Ms. Gholikhan -- she's the woman who hung a jury before Judge Cohn and then represented herself at the second trial. The New Times has a cover story on her. It's a great read. That's her in the picture above.
I'll never understand...
Posted on January 12, 2009...why people don't move their stalled cars out of the center lane of rush hour traffic on US1. ARRRRRGHHHHHH!!!!!!$^!%$(&!%(!*&^%($Anyway, some interesting stories this morning:1. Jay Weaver covers the sentencing before Judge Lenard on the Frank Duran Venezuelan suitcase trial...
Chuckie Taylor sentenced
Posted on January 09, 2009The government was asking for 147 years. The over-under was 100 years. So if you took the under, call your bookie -- he was sentenced to 97 years.... With good time, that's about 82 years.Here's Jay Weaver's coverage.
Today I have a sense of déjà vu. I wish I could say this is the last corruption case, but I fear it is not."
Posted on January 09, 2009That was Alex Acosta during his press conference re Palm Beach County Commissioner Mary McCarty and her husband, Kevin, accusing them of a "wide-ranging and long-running" conspiracy to enrich themselves through the misuse of her political position. Here is Vanessa Blum's article on the case:Mary McCarty, 54, an influential Republican powerbroker and longtime commissioner, is charged with conspiring to deprive the citizens of Palm Beach County of their "intangible right to her honest services," federal prosecutors said...
?I?m still clinging to my BlackBerry. They?re going to pry it out of my hands.?
Posted on January 08, 2009No, that wasn't one of the recently sentenced white-collar defendants in our district. It was our President-Elect Obama. Gotta love the guy. Here's the ABA Journal article on the BlackBerry dispute.Speaking of Obama, is it possible that he keeps Alex Acosta as U...
Disturbing story from state court
Posted on January 07, 2009There has been a bunch of news about this Order out of Broward state court, disqualifying the state attorney's office for listening in on attorney-client conversations in a first degree murder prosecution.The State took a breath-taking position -- because the call originated from jail, the inmate waived the attorney-client privilege...
Govt appeals order in Ben Kuehne case
Posted on January 07, 2009Here's the text of the notice:Notice is hereby given that the United States of America, plaintiff/appellant in theabove-captioned case, pursuant to 18 U.S.C. § 3731 and Fed. R. App. P. 4(b)(1)(B)(i), herebyappeals to the United States Court of Appeals for the Eleventh Circuit from the Order GrantingDefendant's Motion to Dismiss Count One of the Third Superseding Indictment (Docket Entry192) entered in the above entitled matter on December 22, 2008...
News and Notes
Posted on January 07, 20091. Pharmed sentencing: 9 years, top of the guidelines. From the Herald article:Saying she was concerned about maintaining community values, U.S. District Judge Patricia A. Seitz Wednesday sentenced Carlos and Jorge de Céspedes to nine years in prison...
Monday news and notes
Posted on January 05, 2009Ahhhh, Monday morning after a holiday weekend. So much fun. Here's what's happening:1. Pharmed sentencing today. (via Sun-Sentinel & Herald) Here are the letters in support of leniency, the government's sentencing memo, and the defense sentencing memo...
Judge Cooke has all the fun...
Posted on January 05, 2009She just got the huge Mutual Benefits indictment (a viatical fraud case alleging over $1 billion in fraud), which includes two local lawyers -- Michael McNerney and Anthony Livoti, Jr. Here is the indictment.The government is estimating a whopping 120 days for trial...
Dead Friday
Posted on January 02, 2009Anyone working today?Back to regular blogging on Monday.2009 should be exciting -- trial #3 of Liberty City 7, trial (or dismissal) of the Ben Kuehne case, Dolphin playoffs, and possibly 2 new district judges in the SDFLA because of judges taking senior status...
Shocking story
Posted on December 29, 2008Jay Weaver's story this weekend about an FDC prisoner being repeatedly raped by guards is a must-read.The victim successfully sued the prison officials in federal court, but her case against the Bureau of Prisons was dismissed because of the statute of limitations:A female inmate cooperating as a government witness was sexually assaulted numerous times by guards at the Federal Detention Center in Miami, but prison officials discredited her reports and did nothing to protect her over a four-year span, a federal judge has found...
Dolphins
Posted on December 28, 2008AFC EAST CHAMPS!Unbelievable.Plus, Dan Marino keeps his passing yards record by 16 yards as Drew Brees comes up just short.
Judge Cooke grants Ben Kuehne's motion to dismiss Count 1
Posted on December 22, 2008Huge news during this holiday week. Big props to Judge Cooke for doing the right thing and for authoring a beautifully written a href="http://online.wsj.com/public/resources/documents/bkorder.pdf"13-page order/a. I earlier had covered the oral argument of the motion hearing a href="http://sdfla...
Breaking!
Posted on December 22, 2008Judge Cooke granted Ben Kuehne#39;s motion to dismiss Count 1. More to follow soon. ppSent via BlackBerry by ATamp;T
Props to Judge Zloch
Posted on December 22, 2008a href="http://www.dailybusinessreview.com/images/news_photos/44458/Zloch.jpg"img style="DISPLAY: block; MARGIN: 0px auto 10px; WIDTH: 173px; CURSOR: hand; HEIGHT: 195px; TEXT-ALIGN: center" alt="" src="http://www.dailybusinessreview.com/images/news_photos/44458/Zloch...
Verdict in goggle case
Posted on December 18, 2008Guilty on 3 conspiracy counts; not guilty on 3 substantive counts. A clear compromise...br /br /I wonder how the prosecutor feels about this verdict against a pro-span class="blsp-spelling-error" id="SPELLING_ERROR_0"se/span woman who speaks English as a third language...
Busy!
Posted on December 17, 2008a href="http://cache.gizmodo.com/assets/resources/2008/02/nightvision.jpg"img style="DISPLAY: block; MARGIN: 0px auto 10px; WIDTH: 463px; CURSOR: hand; HEIGHT: 412px; TEXT-ALIGN: center" alt="" src="http://cache.gizmodo.com/assets/resources/2008/02/nightvision...
"I thought I loved him, but now, when I look back, I feared him so much. I was his slave."
Posted on December 17, 2008That was span class="blsp-spelling-error" id="SPELLING_ERROR_0"Sharhazad/span Mir span class="blsp-spelling-error" id="SPELLING_ERROR_1"Gholikhan/span during her 7 hours of direct testimony over the last two days before Judge span class="blsp-spelling-error" id="SPELLING_ERROR_2"Cohn/span...
What can a prosecutor say to the media?
Posted on December 16, 2008Rumpole takes state prosecutor David Waksman to task for his comments to the press after a not guilty by reason of insanity verdict, which raises the question about what prosecutors can say to the press. This NY Times editorial addresses the recent comments by Patrick Fitzgerald in the Gov...
FECA matter
Posted on December 14, 2008The government has moved to dismiss the wrongful death lawsuit filed by Ted Klein's family.Julie Kay has the details here:A wrongful death case brought by the children of a federal magistrate judge in Miami who they say died due to moldy conditions at a federal courthouse should be dismissed for lack of jurisdiction, the government is arguing...
Could the CEO of Coca-Cola win dismissal of a suit that contends he personally put mice in soda bottles?
Posted on December 11, 2008That's the hypo that Justice Breyer presented at a recent oral argument. From the ABA Journal, which has been providing great coverage lately:The issue before the court is whether Javaid Iqbal?s suit against former Attorney General John Ashcroft and FBI director Robert Mueller is specific enough to withstand a motion for summary judgment, the New York Times reports...
Federal judges to get COLA if...
Posted on December 11, 2008...the auto industry is bailed out. Thanks to a helpful comment, I see from the WSJ law blog that:So this $14 billion bailout bill currently making its way through the halls of Congress stands mostly to benefit the U.S. auto industry. But it also, oddly, stands to benefit federal district judges...
I will be candid with you. I simply cannot follow your argument because I believe you have just made a statement to me that is utterly irrational.?
Posted on December 11, 2008While the Third DCA is bashing a juvenile judge, check out this bashing by Justice Souter of a lawyer who was arguing on Tuesday in the High Court. Ouch... You never really want to hear that your argument is "utterly irrational." From Adam Liptak's NYTimes article:There were flashes of incredulity and anger from justices at the Supreme Court on Tuesday as they considered whether Tennessee prosecutors had committed misconduct in obtaining and defending a death sentence against a man who murdered a Memphis couple in 1980...
Find me guilty
Posted on December 09, 2008Sharhazad Mir Gholikhan is back in trial before Judge Cohn. You remember her -- she's the one who is accused of exporting night vision goggles to Iran. Bill Barzee represented her at her first trial where the jury could not reach a verdict. This time she is representing herself! Yesterday she conducted voir dire and did her opening in her prison khakis...
Monday morning...
Posted on December 08, 2008Wanna know why our justice system is totally screwed up -- look here. That's the Herald article explaining that Lyglenson Lemorin , the only Liberty City 7 defendant who was acquitted, has just been ordered deported. So to review -- the other defendants are out on bond waiting for their third trial, while Lemorin -- WHO WAS FOUND NOT GUILTY -- is stuck in an immigration jail waiting to be deported because an immigration judge found that he did the same things for which a jury said no...
"Suspect in Dunkin' Donuts robberies barks at judge"
Posted on December 05, 2008Why we need cameras in federal court: The headline and article about this case just don't capture what happened as well the video does (at this link).
Julie Kay follows...
Posted on December 05, 2008... our post about the public defender controversy in Jacksonville here.Here's the intro:Attorneys who were fired en masse by a newly elected public defender and state attorney in Jacksonville, Fla., are considering legal action. Meanwhile, the incident is igniting controversy and debates about whether employees of these offices should be civil service employees and whether the position of public defender and state attorney should be appointed rather than elected...
From Celeste Higgins
Posted on December 04, 2008I am happy to announce Dan Ricker will be the second speaker in the FBA's Luncheon Series.Mr. Ricker is the publisher and editor of Watchdog Review and a local contributor to The Miami Herald, WLRN Radio and WLRN TV. Mr. Ricker gave up a life of wealth and leisure to be the community's eyes and ears in local government...
Whoops.
Posted on December 04, 2008Ileana Ros-Lehtinen hung up on Barack Obama.... TWICE!Obama laughed it off:"It is very funny that you have twice hung up on me," Obama said. Ros Lehtinen responded by telling Obama that radio stations in South Florida always make these sorts of jokes...
RIP Frederick Zloch
Posted on December 03, 2008Judge Zloch's father passed away Sunday. Here's a beautiful article about him by Vanessa Blum. From the intro:Frederick J. Zloch, a longtime Little League coach and announcer at Fort Lauderdale's Lockhart Stadium, died Sunday in Fort Lauderdale. He was 87...
Bench & Bar Photos
Posted on December 02, 2008Okay, so my pictures weren't the highest quality... SO....here are some more professional photos from the Bench & Bar conference:
Picture day
Posted on December 02, 2008I am in a picture mood today, I guess. These two come from a reader who was on the turnpike this morning and had to stop when she saw these clouds rolling in. Pics taken with an iphone.
Shout out to South Florida Lawyers!
Posted on December 01, 2008The ABA Journal named our anonymous blogging colleague -- South Florida Lawyers -- as a top 100 Blawg (law blog). Even though Rumpole and I got snubbed, a big congrats to SFL!
Public Defender elections
Posted on December 01, 2008Florida is one of the few states that elects its Public Defenders. It's very strange. What platform do you run on for Public Defender? Tough on crime? Save the taxpayer money? Mostly, we've been lucky not to have anything crazy like this happen....
Help
Posted on December 01, 2008One of my favorite readers forwarded me this NPR quiz and I can't figure it out:Name a type of lawbreaker that starts with the letter S, and which, upon removing the S as well as one other letter, becomes another type of lawbreaker.UPDATE -- a friend just emailed me the answer...
Happy Thanksgiving
Posted on November 26, 2008We have a lot to be thankful for in this District... Discuss in the comments.See you all Monday.In the meantime, check out this story on the Broward Blog about Debbie Wasserman Schultz as the foreperson on this not guilty state court jury. (Hat Tip: Rumpole).
Ben Kuehne Motions Hearing before Judge Cooke
Posted on November 25, 2008On behalf of the National Association of Criminal Defense Lawyers, I attended the hearing before Judge Cooke today dealing with the motion to dismiss Count I of the indictment, the conspiracy to violate the "criminally derived property" statute, 18 U...
A few news and notes
Posted on November 25, 20081. Ben Kuehne's motions hearing is this afternoon at 1:30. 2. The Pine Crest swim coach didn't get bond.3. A federal agent was indicted for taking kickbacks.4. Drew Brees won me my fantasy football game last night and looks like he is going to break Dan Marino's record...
Bench & Bar pictures
Posted on November 23, 2008Judge Jordan and Judge Cooke Judge Dimitrouleas and Judge Cohn The dining roomA blurry picture of the criminal law magistrate panelJudge Moreno (my phone's zoom isn't so powerful).
Live blogging the federal bench and bar conference
Posted on November 21, 2008Most of you won't be reading this right now because you all are here at the Hollywood Diplomat. This isn't the most exciting way to spend my birthday, but what are you gonna do?All the judges and magistrates are here. And there are over 500 lawyers here...
Ben Kuehne event
Posted on November 20, 2008Just a quick post about the Ben Kuehne fundraiser tonight at Christabelle's Quarter in the Grove. It was extremely well-attended -- of course there were many criminal defense lawyers there, but there were also many civil lawyers and even lawyers from out-of-town, from as far as Pennsylvania...
Pine Crest swimming coach in huge trouble
Posted on November 20, 2008Here's Vanessa Blum's coverage of Fort Lauderdale's swimming coach Roberto Caragol, who is accused of having sex with minors and trading porn pictures. Here's the criminal complaint.
Jay Weaver wins award
Posted on November 19, 2008Well dear readers, I am in the Atlanta airport waiting to come back to Miami after arguing in the 11th Circuit before Judges Carnes, Tjoflat, and Hood. It was an interesting argument concerning venue and multi-object conspiracies. I am sure you all are fascinated...
Justice Stevens and Judge Gonzalez
Posted on November 18, 2008U.S. Supreme Court Justice John Paul Stevens and District Judge Jose Gonzalez spoke yesterday at the University of Florida. Here's the UF newspaper article about the event:Associate Justice John Paul Stevens, of the U.S. Supreme Court, and Jose A. Gonzalez Jr...
Kathy Williams
Posted on November 17, 2008http://www.dailybusinessreview.com/news.html?news_id=51742The Daily Business Review covers Kathy Williams and her office. She is the best federal defender in the nation so this article is well-deserved. And yes, she is my former boss so I am biased. Sent via BlackBerry by AT&T
Friday news and notes
Posted on November 14, 20081. Ellen Podger's wish list for Obama and the next AG on white collar criminal issues.2. Julie Kay covers Ben Kuehne's fundraiser.3. Vanessa Blum is all over the federal courts.4. Jay Weaver is on top of medicare fraud.5. Lanier Anderson is taking senior status in January...
UBS exec indicted in tax probe
Posted on November 13, 2008Very interesting case. (Here's the AP and the Daily Business Review) All of the criminal defense lawyers in town were scanning the paper this morning to see who represented defendant Raoul Weil, a top executive at UBS. Weil isn't here in the US, but he hired New York lawyer Aaron R...
Ben Kuehne
Posted on November 12, 2008This email invitation is making the rounds. Should be quite an event:PLEASE JOIN CO-CHAIRS The Honorable Gerald Kogan & Robert JosefsbergAND HOST COMMITTEE MEMBERSThe Florida Association of Criminal Defense LawyersThe Miami Chapter of the Florida Association of Criminal Defense LawyersRay Abadin, Robert Ader, Frank Angones, Jeffrey S...
Back to blogging
Posted on November 11, 2008So, for the past month I have been in West Palm Beach, trying a criminal antitrust case before Judge Hurley. The blogging has been sporadic, and I apologize. But I am back and feeling good after hearing those two magic words -- not guilty. What a relief! (Congrats to my co-counsel, David Gerger and Jennifer Johnston, and to the lawyers for the co-defendant, Paul Calli and Mike Pasano)...
Don't make me angry. You wouldn't like me when I'm angry.
Posted on November 11, 2008Ah, those spell checkers... Today the Herald's op-ed pages support Judge "Hulk's" decision in the Joe Cool case. Judge Hulk is discussed throughout the op-ed, which I agree with wholeheartedly... Here's the intro:Better late than never. This is the best that can be said about U...
Everyone is flattered
Posted on November 10, 2008Here is the Daily Business Review article discussing potential replacements for Alex Acosta now that Obama has been elected. All the candidates say that they are flattered to be considered. It's a very good slate of candidates, including Jackie Becerra and Curt Miner -- two smart young and dynamic lawyers that I have tried cases against...
Miami Herald : South Florida ''Legal Legends'' honored at awards banquet
Posted on November 09, 2008A wonderful list of honorees from the 11th Circuit Historical Society. The one glaring omission is my former boss, Judge Edward B. Davis. Here's the Herald article and the list of honorees:http://m.miamiherald.com/mh/db_8477/contentdetail.htm?contentguid=rnerGm0N&full=true#display Rosemary Barkett -- The first woman to serve on Florida's Supreme Court...
Judge Huck tosses gun verdict in Joe Cool slayings
Posted on November 05, 2008http://mobile.sun-sentinel.com/news.jsp?key=87472&rc=locaBreaking news!More to follow at the end of the day. --David Oscar Markuswww.markuslaw.com305-379-6667
Election Day
Posted on November 04, 2008It's that time of year again.Many federal judges aren't conducting trials today so that jurors can vote.I always ask the question about judicial elections vs. appointments. Who has the better system? In the judicial races today, what do you know about the candidates? What does the general public know? Are we making an informed decision? You all know my view -- the federal appointment system, which has its own flaws, is the better way to select judges...
Federal Bar dinner
Posted on November 03, 2008Celeste Higgins, the new pres of the local Federal Bar Association, asked me to let you all know that Beth Wilkinson is the first luncheon speaker on Wednesday November 12. Here's the info:Beth Wilkinson is former General Counsel of Fannie Mae. Prior to thatposition, she was partner and co-chair of the White Collar practice groupat Latham and Watkins and prosecutor in the Timothy McVeigh and TerryNichols Oklahoma City bombing trials...
Conviction in suitcase-gate
Posted on November 03, 2008After extremely lengthy deliberations, the jury convicted Franklin Duran today. Congratulations to Tom Mulvihill. Here's the intro to Curt Anderson's AP article:A federal jury convicted a wealthy Venezuelan Monday of acting as an illegal foreign agent who came to the U...
Swarms of lawyers...
Posted on November 03, 2008... at a polling place near you. (Via Sun-Sentinel)I just like the picture.Attorneys Brian Seymour, left, and Gerald Richman outside the old Palm Beach County courthouse in downtown West Palm Beach. Seymour will represent the Republican party on election day and Richman will represent the Democrats...
Breaking
Posted on October 30, 2008Chuckie Taylor convicted on all counts.Update -- Here's the CNN article.
Chuckie Taylor case to jury
Posted on October 29, 2008Here's the AP account of closing arguments:''The defendant acted with specific intent to cause severe pain and suffering,'' [Karen] Rochlin told the jury.Emmanuel's attorney said some of the victims who testified were opponents of the ex-president's government who might have been motivated by a political vendetta...
Another hung jury?
Posted on October 29, 2008This time it might be the suitcase trial.We've had an awful lot lately, no?
Ted Stevens trial
Posted on October 28, 2008Okay, so this isn't a SDFLA trial, but I have to come to my old boss' (not Stevens, but his lawyer) defense. The cold may have gotten to Rumpole's head on this one as he says that Brendan Sullivan, one of the top criminal defense lawyers in the nation who heads Williams & Connolly, gave a "histrionic closing argument...
Trials
Posted on October 26, 2008Two trials look like they will be coming to a close this week -- the suitcase full of cash trial in front of Judge Lenard is already to the jury and the Chuckie Taylor case will go to the jury this week. Any predictions?Sorry for the slow blogging? Anything going on that you would like to discuss? How about this: Who will are next district judges be -- in an Obama presidency? A McCain presidency?
Is the Dyer building for sale?
Posted on October 22, 2008Perhaps, according to Julie Kay.You gotta love Judge Pete Palermo:But Miami Magistrate Judge Peter Palermo ? who worked in the Dyer Building for 37 years before moving to the King building this month ? said he would "raise hell" over any proposal to sell the Dyer Building...
Come together
Posted on October 21, 2008Former AUSA Seth Miles and former AFPD Orlando do Campo (along with his partner John Thornton) teamed up to win $80 million in damages from Curacao in a damages trial before Judge King. Here are some of the details from the Herald article:Three Cuban men forced to work 16-hour shifts at 3 ½ cents an hour repairing ships for a Cuban joint venture in Curacao won an $80 million judgment Monday in U...
Headline fraud
Posted on October 21, 2008The Herald has this headline today:Miami doctor, nurse guilty of Medicare fraudand this tag line under it:The brothers who owned the clinic involved in an $11 million Medicare scam fled to Cuba. A doctor and nurse who worked in the clinic were convicted of fraud...
Rumpole gets all the good stories
Posted on October 21, 2008You have got to be kidding me:Miami-Dade judge: I was battered by a colleagueYou know what struck me about this story -- state court judges have to share fax machines!
You can't handle the truth
Posted on October 21, 2008SDFLA readers will be happy to know that there was a "you can't handle the truth" moment in federal court today. From the Miami Herald:But on cross-examination, Durán's attorney, Ed Shohat, tried to trip up Kauffmann by suggesting that he and his partner didn't actually buy the Citibank property -- that a close friend of Kauffmann's purchased it...
Federal Bar dinner
Posted on October 18, 2008The Federal Bar Association, South Florida Chapter, had its annual installation dinner last night. I am the outgoing president, and Celeste Higgins is the incoming president. Chief Judge Moreno and Judges Huck, Altonaga, King, Gold, Dube, Brown, O'Sullivan, Torres, and Palermo attended, which made for a good night...
"Penis"
Posted on October 18, 2008Big news to report -- according to accounts out of Judge Altonaga's courtroom, there is a new world record: the word "penis" has been used more times in the Chuckie Taylor trial than in any other criminal trial in American history.If you haven't seen the Rolling Stone article on the case, you can read it here...
Donnie Brasco
Posted on October 16, 2008The Justice Building Blog is covering the John Connolly trial, which involves a former FBI agent in Boston (Connolly) who is accused of helping orchestrate a murder in Miami in 1982. The state tried to call the real Donnie Brasco to the stand yesterday, but he refused to testify (even in sunglasses and a hat) because he didn't want his picture taken (via Miami Herald)...
Hypo
Posted on October 14, 2008Those who know me know that I often like to ask hypotheticals... Would you do X in return for Y.Well here's a real one from the USA Today: Would you amputate your pinkie finger so that you could finish your college football season as a lineman for a division II school? Trevor Wikre answered yes! Can a doctor agree to such a thing?Here's some of the article:Trevor Wikre had a choice: Lose his pinkie finger or lose his football season...
No surprise here...
Posted on October 14, 2008Kirby Archer, the Joe Cool defendant who pleaded guilty, was sentenced to life in prison today. No ruling yet by Judge Huck on the co-defendant's motion for a new trial on all counts.
"Dancing with the U.S. Marshals''
Posted on October 10, 2008Now that's funny, Judge Turnoff!According to Larry Lebowitz's Herald article, Judge Turnoff allowed Helio Castroneves to travel to Australia later this month for a race, over the government objection. Turnoff explained that Castroneves would be "dancing with the U...
A commenter poses the question...
Posted on October 08, 2008... regarding whether federal district courts should split up into criminal and civil divisions like our state courts do.My gut tells me that this would be a good thing, but I haven't given it a lot of thought. What do you all think?
"We should start from scratch, because justice hasn't been achieved.'
Posted on October 06, 2008That was AFPD Brian Stekloff for Guillermo Zarabozo in the Joe Cool case asking for a new trial on all counts. He continued: "Everyone in this courtroom knows how this jury reached this inconsistent and irrational verdict: They didn't understand the law...
"If the government becomes a lawbreaker, it breeds contempt for law, it invites every man to become a law unto himself; it invites anarchy."
Posted on October 05, 2008Cheryl Stein has a nice op-ed in the Washington Times regarding Herring v. United States, a case the Supreme Court will hear on Tuesday. It raises the following question: whether courts must suppress evidence seized during an arrest made as a result of faulty information provided by another law enforcement agency...
Start your engines
Posted on October 02, 2008Team Penske star Helio Castroneves has been charged with tax evasion in our District. (via the Miami Herald).Here's a picture of him with Julianne Hough from Dancing with the Stars. He is scheduled to make his initial appearance tomorrow in magistrate court...
"I never believed for a minute that he was guilty of any of the charges, not even the ones we convicted him of"
Posted on October 02, 2008That's one of the jurors in the Joe Cool case. Articles in the Sun-Sentinel and the Miami Herald detail how at least 3 jurors still believe Guillermo Zarabozo is not guilty of all counts, even the 4 they voted guilty on.From the Sentinel:Three jurors in the Joe Cool murder-at-sea trial said Wednesday they felt pressured to convict the 20-year-old defendant on gun charges even though they believed he did not kill anyone or know his companion planned to hijack the boat...
Chuckie Taylor case opens
Posted on September 30, 2008The DOJ lawyer, Chris Graveline, spoke about the "Demon Forces", a unit that tortured people, including cutting a man's penis with a knife and dumping him in a pit. Assistant Federal Defender John Wylie said if the case were a newspaper headline, it would read "Desperate and disgruntled Africans accuse American to escape wartorn Liberia"...
Playboy pinup in federal court this week
Posted on September 30, 2008Enough with hung juries and murder trials.There was a Playboy model testifying in federal court this week.Here's the Herald article about her: María del Luján Telpuk descended on Miami beneath a cascade of camera lights and questions.Journalists from three countries pounced on the 27-year-old bombshell as she arrived from South America on Sunday morning...
Joe Cool jury hangs on first degree murder counts
Posted on September 30, 2008That's a victory for the defense.The jury did convict on 4 gun counts. The prosecution will be happy with some convictions after it looked like the jury would hang on everything yesterday, especially since the potential sentences on those counts are life...
RIP Joe Eaton
Posted on September 29, 2008I never really knew Joe Eaton, but everyone always says such nice things about him... Sadly, we've lost another one of the old guard. If you have a good story about Judge Eaton, please post them in the comments.From the Palm Beach Post:The U.S. district judge who ruled to integrate Palm Beach County's public schools died on Sunday, leaving behind a sea of accomplishments that focused on serving others...
Hung?
Posted on September 29, 2008The Joe Cool jury says it can't reach a verdict: "As a jury we feel stuck in the sand and no hope or expectation that we will be able to move to consensus one way or the other." Judge Huck read them the Allen charge:I'm going to ask that you continue your deliberations in an effortto reach agreement upon a verdict and dispose of this case; and I havea few additional comments I would like for you to consider as you do so...
Joe Cool jury still out
Posted on September 25, 2008They are coming back Monday (one of the jurors can't deliberate tomorrow, so they are taking the day off).Apparently, people can hear shouting from the jury room....Vanessa Blum reports on this juror question, which the defense should be happy about:Would a South Florida man automatically be guilty of a crime for bringing his gun on board the Joe Cool charter vessel, even if he didn't know a crime was going to take place? (emphasis added)That's what a federal jury panel in the murder-at-sea case asked the trial judge Thursday after two full days of deliberations...
FIRST MONDAY IN OCTOBER FAST APPROACHING
Posted on September 24, 2008And as everyone knows, the First Monday in October signifies that rich American tradition: Start of the Yankees-Red Sox baseball playoffs. Woops. Not this year. It also signifies the start of the new term for the Supreme Court (Motto: "Just callin balls and strikes...
News & Notes
Posted on September 24, 20081. The Joe Cool jury is still out. It's been two sleepless nights for the lawyers.2. The Chuckie Taylor trial is underway before Judge Altonaga. (More via the Miami Herald here).3. I closed today... We ended sooner than expected. So regular blogging to resume soon...
Joe Cool defendant testifies
Posted on September 22, 2008From Vanessa Blum's article:Zarabozo, in short, matter-of-fact responses to lawyers' questions, said he was on the Joe Cool because Archer told him they would be working a security job in Bimini.Zarabozo said he was in the bathroom when he heard gun shots and emerged to see Archer standing near the lifeless body of Samuel Kairy, the boat's first mate...
Federal Bar Association dinner
Posted on September 21, 2008My dear readers:You are cordially invited to attend the annualFederal Bar Association Dinner and Installation of OfficersFriday October 17, 2008Reception 7:00pmDinner 8:00pmThe Biltmore HotelAlhambra Ballroom1200 Anastasia AvenueCoral Gables, Florida$90 per person/open barRSVP Lourdes Fernandez at Lourdes_Fernandez@flsd...
SUBSTITUTE BLOGGER
Posted on September 18, 2008While David battles the forces of evil in West Palm Beach (not to mention I-95 traffic) I have agreed to post some thought provoking articles. It's either my drivel or staring at David's post announcing the start of the Joe Cool trial for the next few weeks...
News & Notes
Posted on September 17, 2008Why appointments are better than elections. (via Sun-Sentinel)Joe Cool case continues; apparently "four days before Guillermo Zarabozo and his accomplice chartered the Joe Cool fishing vessel for a trip that led to his arrest for murder, he received a letter from Miami-Dade police accepting him as an applicant...
Openings in the Joe Cool case
Posted on September 15, 2008The jury was picked in a morning and both sides already have given opening statements. If this was state court, it may have taken a week to pick a jury in a murder case. Not in federal court....Here's Vanessa Blum and Curt Anderson on openings and Luisa Yanez on jury selection...
Slow blogging....
Posted on September 14, 2008Week two of trial begins tomorrow.Some coverage here and here.
You know it's going to be a long trial...
Posted on September 12, 2008.. when the government is still doing direct of its first witness at the end of the first week. --David Oscar Markuswww.markuslaw.com305-379-6667
Jack Abramoff's sentence reduced by Judge Huck
Posted on September 10, 2008Here's the AP's Curt Anderson:A federal judge agreed Wednesday to shave two years from former Washington lobbyist Jack Abramoff's prison sentence for a fraudulent Florida casino boat deal because of his extensive cooperation in that case and a wide-ranging political corruption probe that upended Washington politics...
Hung
Posted on September 09, 2008Bill Barzee just hung his second jury in a row, this time in the Iranian Night Vision Goggle case. Here's Vanessa Blum's Sun-Sentinel article.
Major Eleventh Circuit ruling on reach of crack retroactivity
Posted on September 08, 2008I am in a meeting right now, but I thought I would pass along the 11th circuit's big decision on the crack guidelines. Below is the link to Doug Berman's blog on the subject. More to come later. http://sentencing.typepad.com/sentencing_law_and_policy/2008/09/major-eleventh...
Trials
Posted on September 03, 2008I was supposed to start a month-long trial this week in West Palm Beach, but it got postponed till next Monday. Here are some stories about other trials that started this week:1. Participant or just translator? Shahrazad Gholikhan started trial in front of Judge Cohn...
More polygraphs
Posted on September 02, 2008John Pacenti covers the recent use of polygraph testing here. The intro:For Leonard Bierman, the sentencing hearing for Fred Massaro illustrated polygraphs can be a valuable ? and reliable ? tool in court. Massaro of Sunny Isles Beach faced sentencing in a mob case for racketeering and the murder of a woman found bound in a truck on the outskirts of the Everglades...
Gustav, Hanna & Ike
Posted on September 01, 2008Shouldn't we be able to stop these things? Apparently they stopped trying in the 60s, but now they are trying again.
Labor Day
Posted on September 01, 2008If you are working (like I am), then the good news is that Starbucks is open. Bad news -- the parking ticket guys are out in force.
"People the world over have always been more impressed by the power of our example than by the example of our power."
Posted on August 27, 2008What an awesome line by Bill Clinton at the DNC tonight.
Live blogging the fire alarm
Posted on August 27, 2008So we were in a hearing with Judge Seitz when the fire alarm went off. And we only had 60 seconds until the hearing was over. Ahh, the new courthouse gremlins at work.
"Two words, your honor,Not guilty."
Posted on August 26, 2008That was Charles Kuck said in his opening statement to Immigration Judge Kenneth Hurewitz for his client Lyglenson Lemorin. You remember Lemorin -- he was the one defendant who was acquitted from the Liberty City 7 trial (Joel DeFabio was his lawyer)...
Election Day
Posted on August 25, 2008Tuesday is election day for state judges in Miami. As I look through the information available about most of the candidates, I become more convinced that the federal appointment system is superior.
Cracking the guidelines
Posted on August 22, 2008Last year the Sentencing Commission retroactively amended the crack guidelines. But what happens when a defendant was sentenced as a career offender? Here's the Law.com article discussing how the 11th Circuit oral argument from the 5 consolidated cases (4 from Judge Hurley, 1 from Judge Middlebrooks) went in Atlanta today:Today, two of the most controversial issues in sentencing law -- the length of sentences for crack cocaine offenders and judges' ability to go outside the federal sentencing guidelines -- will intersect in arguments at a federal appeals court panel sitting in Atlanta...
"A rising legal star in Miami agrees to plea bargain involving mail fraud, laundering charges "
Posted on August 21, 2008That's the headline from the National Law Journal article about Richard Simring. Here's the intro:A rising Miami legal star and community activist has quietly agreed to a plea deal in which he has pleaded guilty to conspiracy to commit mail fraud and money laundering in connection with his role as in-house counsel to an indicted billionaire businessman...
Tough times
Posted on August 21, 2008From AboveTheLaw (which has a new editor):* It looks like 2008 will be the worst year for law firms since 2001. The American Lawyer says the "silver lining" is that firms can "winnow out unproductive lawyers and apply greater discipline to expense control...
Random questions from the last two days
Posted on August 19, 2008Did you work on Monday and Tuesday this week?Yes, I went to the office both daysYes, I worked from homeNo, I played Guitar Hero at home Free polls from Pollhost.comAnd for the comments:How many billable hours were lost in the rain?Did BigLaw make their secretaries work?Should the federal courts track the school closures?If the court is closed, should you be able to e-file motions?
Federal court in Miami closed Monday & Tuesday
Posted on August 17, 2008UPDATE -- because the SDFLA tracks Dade County Schools, Miami federal court will be closed Tuesday.Here's the notice from the court website:AUGUST 17, 2008, 7:30 p.m.Federal District Court Operations and Tropical Storm FayThe U.S. District Courthouses in Miami-Dade, Broward, and Monroe Counties will be closed on Monday, August 18, in accordance with Administrative Order 2007-44...
Rain
Posted on August 14, 2008That was some storm this afternoon, no?It wasn't this bad:But apparently there was an F-1 tornado. Pics here.
Happy Birthday Judge P
Posted on June 13, 2008We celebrated Judge Peter Palermo's 90th birthday at the new federal courthouse today. Yes, that's 90 years old. Chief Judge Moreno spoke as did Chief Magistrate Judge Bandstra. Lots of federal judges and lawyers were there to smile with Judge P, the very first magistrate in the United States(!!)...
In Defense of Kozinski
Posted on June 13, 2008Even though the LA Times broke the Alex Kozinski story, it now runs an op-ed defending him. I agree that he should respond by saying "So what." This has been way way way overblown. Here's the op-ed in its entirety:Judge Alex Kozinski's statements about the stash of sexually explicit images he collected and that the public (until this week) could view on his website have been varied, although not necessarily inconsistent: He thought the site was for private storage and offered no public access (although he shared some of the material on the site with friends)...
Update on Kozinski
Posted on June 12, 2008Above the Law has all the details here, including that Judge Alex Kozinski has suspended the trial for 48 hours to figure out what to do, and an email from Kozinski himself:David [Lat]: I can't comment on the trial.As for the other matter, the server was maintained by my son, Yale, for the entire family...
Former Atlanta Mayor Bill Campbell
Posted on June 12, 2008Fascinating article from the Atlanta Journal-Constitution about former Atlanta Mayor Bill Campbell who is serving a 30 month sentence for tax evasion. Apparently the Mayor tried to get out of prison early by faking an alcohol problem. In federal prison, you can be released early if you have a drug or alcohol problem (and otherwise qualify)and participate in an intensive rehab program...
Should a federal judge....
Posted on June 11, 2008...post porn pictures on his personal website (when he is about to start an obscenity trial)? That's the debate after Judge Alex Kozinski did so in United States v. Ira Isaacs, a trial starting this morning. According to the LA Times:One of the highest-ranking federal judges in the United States, who is currently presiding over an obscenity trial in Los Angeles, has maintained a publicly accessible website featuring sexually explicit photos and videos...
Correct result?
Posted on June 11, 2008Sean Conway has agreed to settle his bar case for calling Judge Aleman on the Broward Blog an "evil, unfair witch" for a public reprimand, the Sun-Sentinel has reported here (hat tip Rumpole). When the case was first brought, Fred Haddad, Conway's lawyer, said "If the state court is not sensible enough to dismiss this piece of shit, it will end up in federal court...
Plug
Posted on June 10, 2008So, usually I don't blog about my cases, but I am making an exception here because the case is going to the Southern District of New York and because it got some press on the excellent White Collar Crime Blog here:With unemployment high, with people desperate for jobs, we may be seeing more instances of alleged puffing or fraud in the job search process...
Devil's Advocate
Posted on June 09, 2008One of my favorite tipster's pointed out this listing in the Florida Bar News Classified section on Friday:DEVIL?S ADVOCATE - Every lawyer needs another lawyer to bounce ideas off of, and even to be a devil?s advocate, challenging your ideas even more thoroughly and incisively than your opposing lawyer would...
News and Notes
Posted on June 06, 20081. Ken Jenne's days in prison. (via Miami Herald and Sun-Sentinel). From Dan Christensen: Once Broward's most powerful politician, ex-Sheriff Ken Jenne now spends his days raising vegetables in the garden of a federal prison camp in rural Virginia...
Cuban Spy decision from 11th...
Posted on June 04, 2008... is here.Haven't had a chance to read it yet, but it's a 1-1-1 opinion. Pryor writes opinion affirming convictions and vacating sentences for 3 defendants. Birch concurs, but states that case should go to Supreme Court on venue issue and that murder issue is very close...
Katherine Harris upset by Laura Dern's portrayal
Posted on June 03, 2008After my post about the HBO movie Recount yesterday, I received an email from Suzanne Schmidt, Joe Klock's PR person, informing me that he and Katherine Harris would be on Hannity & Colmes to "discuss[] how Harris was unfairly portrayed in the film and how the film could be nothing further from the truth...
More trouble for Kuehne prosecution and other lawyer news
Posted on June 03, 2008In what already looks like a doomed prosecution against attorney Ben Kuehne, it just got tougher. Yesterday, the Supreme Court decided Cuellar v. United States, which holds (9-0 per Thomas) that the federal money-laundering statue did not require proof of ?appearance of legitimate wealth? and the statute could not be satisfied solely by evidence that a defendant concealed funds during transportation...
Recount
Posted on June 02, 2008So I finally got around to the HBO movie Recount on my TiVo. I really enjoyed it. It threw me back to those days in 2000 when I was attached to the TV watching the twists and turns of the bitter election fight between Bush and Gore. I actually had dreams (nightmares) last night after watching the film...
Judge Highsmith to retire at the end of the year
Posted on May 30, 2008So we were one year off in our prediction.John Pacenti covers the latest news here. We will have more on Judge Highsmith soon. We also send our condolences to friend of blog, Dore Louis, for the passing of his father Paul Louis. Like Dore, Paul was quite a character and quite a lawyer...
I'm back!
Posted on May 28, 2008I admit it -- I was on vacation and just got back late last night... That's the reason for the slow blogging. I'm catching up on mail, DBRs, email, and so on. Ahhh, the joy of returning to work. Just a quick skim of the inbox shows that there are some really interesting things going on -- John Pacenti had a great article in yesterday's DBR about attorney's fees in criminal cases, and in today's DBR, Billy Shields discusses how the Justice Building Blog broke a fascinating story about the removal of a state prosecutor from a homicide investigation...
NYT: should we elect or appoint our judges?
Posted on May 27, 2008The New York Times had an interesting piece this weekend concerning an issue we've discussed on this Blog before -- whether judges should be elected or appointed. Adam Liptak's article contains pretty good arguments as to why judges should be appointed, which is our position as well...
DNC lawsuit
Posted on May 24, 2008From the Miami Herald:Florida's history of discrimination against African Americans should force the national Democratic Party to count all of the state's delegates at its national convention, a federal lawsuit filed Thursday claims.The suit, filed by state Senate Democratic Leader Steve Geller and two other Democrats, claims that the federal Voting Rights Act prohibits the national party from stripping the state of its convention delegates as punishment for violating party rules by holding its primary too early...
News & Notes
Posted on May 24, 20081. "Sport fishing 'shtick' nets probation term for charter boat operator" via Vanessa Blum. If you can't get enough Tom Watts-Fitzgerald, check out this article:Rejecting a call for harsher punishment, a federal judge on Thursday ordered the owner of a South Florida charter fishing business to serve five years' probation for not reporting sailfish reeled in by customers and killing undersized fish...
Liberty City 6 on the web
Posted on May 21, 2008Just got an email about MobLogic.Tv which has this video about the Liberty City 6 and this post titled, "Thought Police":
News & Notes
Posted on May 21, 20081. "Former Miami-Dade teacher gets 7 years for enslaving Haitian girl" via the Sun-Sentinel. From the intro of Vanessa Blum's article:A federal judge on Tuesday sentenced a South Florida woman to seven years and three months in prison for keeping a teenage girl from Haiti in servitude for six years...
Supreme Court decides US v. Williams
Posted on May 19, 2008You all remember this case -- the child pornography case that our own Rick Diaz and Lou Guerra argued before the High Court. The Court ruled 7-2 against Diaz's client.Here's a summary from SCOTUSBlog:In a second major ruling, the Court ? after years of repeatedly nullifying Congress? efforts to stamp out child pornography on the Internet ? finally upheld such a law, a 2003 statute that Congress shaped in a way that it hopes would spare it from the same fate as earlier attempts...
Ben Kuehne awarded
Posted on May 18, 2008The Florida Association of Criminal Defense Lawyers-Miami Chapter had its annual banquet Saturday night. Of note for this blog, Ben Kuehne received the lifetime achievement award (which the group decided to give him after he was charged, not before as was reported in the NLJ and WSJ blog -- I know this because I was at the meeting where we unanimously agreed on the award)...
Ben Kuehne to receive award from FACDL-Miami this weekend
Posted on May 16, 2008Saturday night the Florida Association of Criminal Defense lawyer will be having its annual banquet. Ben Kuehne will be receiving the Daniel S. Pearson-Harry W. Prebish Founder's Award, FACDL's highest honor. The Jose Padilla defense team will be receiving the Rodney Thaxton "Against All Odds" award, and Judge Steve Leifman will receive the Gerald Kogan Judicial Distinction Award...
Is 23 years an appropriate sentence for a business opporunity fraud case?
Posted on May 16, 2008That's the question posed by Vanessa Blum in this Sun-Sentinel article:"A once in a lifetime opportunity." "A part time business that earns a full time income." "Call now!" "Don't miss out!"The late night television ads for the Box Office Express DVD rental machine peddled a dream...
"The beagle is basically a stomach on four feet."
Posted on May 15, 2008Why does Tom Watts-Fitzgerald have to disrespect the beagle like that? Okay, okay -- he was just explaining how the beagles find illegal cavier at the airport (via the Daily Business Review):Watts-FitzGerald said in some ways the illegal caviar trade is just as dangerous as the illicit drug market...
You Tube dude sentenced to 6 1/2 years
Posted on May 15, 2008You remember this crazy guy -- the one who taunted the cops on You Tube. "We's out here, we fighting a cold war," Rudy Villanueva said on the video. "Metro Dade Gang Unit, here I am baby." Judge Cooke sentenced him to 6 1/2 years over his objection that he was just messing around...
Judge Gold at the Fed Bar luncheon
Posted on May 14, 2008Judge Gold spoke today at the Federal Bar Luncheon about ethics and used Mark Giminez's "The Color of Law" as the basis for the discussion. It was a very entertaining speech and it was well received. Judge Gold's premise: You can do good and do well as a lawyer...
Should Judge Hoeveler recuse in the rock-mining case?
Posted on May 14, 2008Judge Hoeveler says he doesn't "consider [himself] biased" in the rock-mining case in which he was just reversed. (Read the 2-1 opinion here). Although the 11th Circuit did not remove "the respected" Judge Hoeveler from the case, it did say that he had "predetermined" to ban the practice at issue...
New Building
Posted on May 12, 2008STOP THE PRESSES! There have been court proceedings in the new building. Some of the judges have moved in, others are moving this week, and the most junior judges.... well.... it's still going to be a while. But progress is progress. Here's a picture of the inside...
Uma
Posted on May 08, 2008I'm always fascinated by reports on deliberations. In the recent high-profile trial of the Uma Thurman stalker, a Wall Street Journal reporter was on the jury. Here is her description of the trial and deliberations.In local news, Jose Padilla co-defendant isn't happy with the jail he's been assigned to...
"If there is a verdict for her and she is ordered to be released, how can the verdict be changed so suddenly!!!!!!!!!"
Posted on May 07, 2008That was the defendant's mom in this case after Judge Cohn sentenced Shahrazad Mir Gholikhan to 29 months a week after sentencing her to credit time served. I've tried not to blog about the case because I was involved for a brief time early on in the litigation...
Ethics
Posted on May 05, 2008Here's a little ethics question for my SDFLA readers on Monday morning:Should the attorney-client privilege survive a client's death when revealing that client's statements (that he was the murderer and not the guy on death row) would save a man from death row or from life imprisonment (or any imprisonment)?Those are the questions Adam Liptak examines in this NY Times article from a real life example...
Joe Cool defendant passes polygraph
Posted on May 02, 2008Assistant Public Defenders Anthony Natale and Brian Stekloff, who represent Joe Cool defendant Guillermo Zarabozo, filed a motion yesterday to admit polygraph evidence. Here's the intro:Mr. Zarabozo has passed scientifically valid polygraph examinations conducted by two separate, leading experts in the field of polygraph examination...
Judge Gold to speak May 14
Posted on May 01, 2008This should be a great talk. May 14th at the Banker's Club at noon. Cost is $35. RSVP to Lourdes Fernandez at Lourdes_Fernandez@flsd.uscourts.gov
Rumpole & Ashley Dupre
Posted on April 30, 2008Rumpole has a funny post about the federal buildings here. From what I hear, there are trials scheduled in the new building in May... I'll believe it when I see it.The AP's Curt Anderson reports here that Ashley Dupre is on video saying she is 18 and consenting to the Girls Gone Wild video:The release came one day after series founder Joe Francis and his companies were sued for $10 million in Miami federal court by Ashley Alexandra Dupre, who claims she was only 17 at the time and too young to sign a binding contract...
"Prosecutors say jailhouse snitches won't be called to testify in Joe Cool case"
Posted on April 29, 2008That's the headline from Vanessa Blum's article discussing the government's filing today. It makes sense not to call these guys, who would just muddy the case up for the government. Smart move. From Blum's article:Two jailhouse snitches who say they heard incriminating statements from a suspect in the Joe Cool murder-at-sea case won't be called to testify at trial, federal prosecutors stated in a motion filed Monday evening...
Spitzer call girl sues Girls Gone Wild owner...
Posted on April 28, 2008...here in the Southern District of Florida. Here's the complaint (Ashley Dupre v. Joseph Francis, et al), filed by attorney Richard Wolfe. Here's some coverage by the Herald:Five years after Girls Gone Wild filmed the unknown teen cavorting topless in South Beach, the now-notorious Ashley Alexandra Dupré is demanding a cut of the money from the video sales...
Joe Cool defendant wants to keep supposed statement out
Posted on April 25, 2008Looks like the Joe Cool case is starting to heat up again...At a status today, Judge Huck set a hearing on Guillermo Zarabozo's motion to exclude his supposed statement to a jailhouse snitch for next Wed. Here is the intro to Jay Weaver's article:A Hialeah man charged with another man in the slayings last year of four Miami Beach charter boat crew members is trying to have his alleged ''confession'' to a jailhouse snitch tossed out before trial this summer...
How not to do an oral argument
Posted on April 24, 2008Phipps: . . . so that?s about all I have to say, Your Honor. I don?t have anything other than that. You know, my client lives in Chicago. ... She continues to earn a living, and she?s generally unavailable if you call her because she, she?s sort of a traveling doctor...
Liberty City to be tried a third time
Posted on April 23, 2008Trial to be set for the Fall.Here are the minutes from today's hearing:Government announced they will proceed with a third trial. Deft. Herrera?s motion for bond is granted; $50k ps co-signed by father; deft Abraham?s moton for bond is denied; Prebish?s m/withdraw granted, the Court to appoint counel w/in 2/3 days, further status set for 4/30/08 @8:30am...
Mold findings....
Posted on April 23, 2008Some more coverage of the Dyer mold problem here and here and here.From the AP:Miami's historic downtown federal courthouse suffers from extensive contamination of dangerous types of mold and should have some sections closed for cleaning, according to a new environmental study released Tuesday...
Trial stats
Posted on April 22, 2008The commenters were correct that I posted the wrong link concerning the number of trials in this District. Thanks to a helpful reader, here is the correct link for the total trials in this District and the rest of the country. The conclusion in the prior post -- that we try more cases in this District than any other -- is still correct.
Weekend reading
Posted on April 20, 20081. Ben Kuehne. The feds decided to drop the obstruction count, but added a wire fraud count:Federal prosecutors have added and subtracted charges in the money-laundering indictment brought against prominent Miami attorney Ben Kuehne and two others.In a superseding indictment filed Friday, the Justice Department added a wire-fraud conspiracy count but dropped an obstruction of justice charge...
Jose Padilla to the Supermax
Posted on April 18, 2008Jose Padilla was transferred today to Florence, Colorado -- commonly known as the Supermax -- to serve his 17 year sentence.
Judge Martinez speaks at the Federal Bar Association today
Posted on April 16, 2008As expected, he was entertaining and the turnout to see him speak was great.Apparently, the judges have been delayed moving into the new building because GSA forgot to order them the audio-visual equipment. This is not even funny anymore!The buzz at the luncheon, of course, was whether the feds would retry the Liberty City group...
Liberty City mistrial
Posted on April 16, 2008The Liberty City jury hung for a second time today. Judge Lenard will have a hearing next Wednesday to find out if the government will proceed a third time and if so, when that trial will be rescheduled. Lots of coverage from all the regulars.I will re-post my questions from an earlier entry:Well then SDFLA readers, should the government retry the case for a third time?Don't two mistrials demonstrate that the government has a proof problem? [edited to get rid of the double negatives referenced in the comments]...
Guam drops charges against Greenberg Traurig...
Posted on April 16, 2008... in exchange for a refund of $324,000.
Allen charged
Posted on April 15, 2008The Liberty City jury sent another note that they were hung. Judge Lenard gave the dynamite charge, called the "Allen" charge. Here is the coverage of the Allen charge from the first trial.Here is the text of the pattern Allen charge:I'm going to ask that you continue your deliberations in an effort to reach agreement upon a verdict and dispose of this case; and I have a few additional comments I would like for you to consider as you do so...
Come see Judge Martinez speak Wednesday
Posted on April 14, 2008This Wednesday from noon to 1:30 at the Banker's Club, you should come see Judge Martinez speak -- it will be entertaining for sure. Cost is $35; RSVP to Lourdes Fernandez at Lourdes_Fernandez@flsd.uscourts.gov
Liberty City thoughts
Posted on April 13, 2008Let's assume this trial ends in a mistrial, like the trial before it did.Well then SDFLA readers, should the government retry the case for a third time?Doesn't two mistrials demonstrate that the government cannot prove its case beyond a reasonable doubt? When do we reach that point? After 5 hung juries? 10? I think 2 is the number...
Liberty City jury deadlocked?
Posted on April 11, 2008The jury sent a note saying they were deadlocked today. Judge Lenard ordered them to keep trying...
Florida Supreme Court Justice Raoul Cantero resigns
Posted on April 11, 2008A couple of years back we were saying that he might be nominated to the U.S. Supreme Court.Today, he stepped down citing family reasons. Here's the article.
Interesting state case
Posted on April 11, 2008Rumpole has been covering an interesting state case about how far our drug laws really reach. In closing argument, the defense lawyer argued (via Miami Herald):''The only thing that is clear in this case is that the government is completely abusing its power in applying the law to my client,'' Morris told the jury, to the objection of the prosecution...
News & Notes
Posted on April 07, 20081. Since Rumpole is shut down, I have invited him to blog over here.2. The Justice Dept is investigating Dade County jails. I'm very happy about this. Broward should be next. The conditions are just appalling.3. I've been slow to cover this story...
Judge Martinez to speak Wednesday, April 16th -- CORRECTION
Posted on April 07, 2008In what promises to be a very entertaining lunch, Judge Martinez is speaking Wednesday APRIL 16th, at the Banker?s Club at noon. Lunch is $35. RSVP to Lourdes at Lourdes_Fernandez@flsd.uscourts.govCORRECTED POST -- I originally put this Wed -- that is incorrect...
New courthouse is opening
Posted on April 03, 2008Sort of. Read Julie Kay's article here:http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1207133079914Other than the flooding, air conditioning, and electrical failures, it should be great. --David Oscar Markuswww.markuslaw.com305-379-6667
"Is it against the law to swear an oath to al-Qaida, agreeing to abide by the directives of al-Qaida?"
Posted on April 01, 2008That was the fascinating question that the Liberty City 6 jury asked Judge Lenard today.Curt Anderson from the AP has more here.Unsurprisingly, the government said that the Court should answer the question Yes, while the defense said No.According to Anderson: "U...
No Liberty City verdict yet
Posted on March 31, 2008Uh-oh... Any bets on when (if) we'll get a verdict?In the meantime, check out this WSJ Blog story about a South Florida lawyer in the hot seat because of a "joke" he made with a prosecutor:Consider this scenario: In 1999, Florida lawyer David Lamos was representing J...
Scooped...
Posted on March 28, 2008So we scooped the Ben Kuehne story yesterday, reporting that new prosecutors were considering dropping some counts in the indictment. A bunch of others (WSJ, DBR, NLJ) picked up on the story with no hat tip to us! How dare they! At least the Review quoted me...
Chief Judge Moreno allows cell phones for jurors
Posted on March 27, 2008Big kudos to the Chief!From Julie Kay's National Law Journal article:Jurors and witnesses in South Florida federal trials will no longer have to bury their cellphones in the ground before entering the courthouse. U.S. District Judge Federico Moreno, chief judge for the Southern District of Florida, issued an order last week expanding the use of cellphones in the courthouse to prospective jurors, seated jurors and witnesses...
Dismissal of some counts in the Ben Kuehne case?
Posted on March 27, 2008Thanks to a tipster, check out this Government motion for extension of time to respond to the defense motions:GOVERNMENT?S MOTION FOR ADDITIONAL TIME IN WHICH TORESPOND TO DEFENDANTS MOTIONS TO DISMISS THEOBSTRUCTION OF JUSTICE COUNT AND FOR A BILL OF PARTICULARSThe United States, by and through the undersigned attorneys,respectfully requests that this Court grant an enlargement oftime for the Government to respond to the Motion of DefendantKuehne to Dismiss Count Six of the indictment and for a Bill ofParticulars...
Trials...
Posted on March 26, 2008The Liberty City 7 (six) case is winding down. Closing arguments started today. Coverage from the usual suspects here, here and here.Can you imagine if this case hangs again (as the first set of jurors suggested after they couldn't reach a verdict)...
"This prosecution boldly goes where none has gone before."
Posted on March 25, 2008That's Milton Hirsch (I'm a sucker for Star Trek references) on Ben Kuehne's indictment, which is covered today in the DBR. The article focuses on the defense motions filed in the case. The AP also had a story this weekend on the case. Interestingly, Kuehne's lawyers have decided not to comment on the case at all...
Trains, Planes, and Automobiles
Posted on March 24, 2008Or boats... Here's how Chief Judge Kozinski starts out an opinion in NEW HAMPSHIRE INS. v. C?EST MOI, INC.:KOZINSKI, Chief Judge:We consider the doctrine that?s on everyone?s lips: uberrimae fidei.I had no idea either. According to Black's law, the Latin phrase means: The most abundant good faith; absolute and perfect candor or openness and honesty...
"RAZOR MANIAC JUMPS FED PROSECUTOR IN COURT"
Posted on March 20, 2008Luckily it wasn't in this District. It happened in the Eastern District of New York.Above the Law has more details including the transcript of the proceeding and the actions of the court reporter, who jumped on the defendant.When I was a PD, a colleague (who was a former cop) had a client rush the judge...
My Apologies
Posted on March 19, 2008Sorry for being gone the last couple days. I will get back to blogging soon.In the meantime -- it's March Madness. If you want to win a Supreme Court bobblehead, fill out your brackets here. Quickly!Or catch up on all the recent cert grants in the Supreme Court (and the Heller arguments)...
Judge Marcia Cooke speaks at the Federal Bar luncheon
Posted on March 13, 2008While everyone else is wasting the day looking at "Kristen" pictures, we here at the SDFLA blog have pictures from yesterday's federal bar luncheon. Judge Cooke gave a very entertaining speech and demonstrated why she is so well liked by just about everyone who appears before her.
Greenberg Traurig indicted...
Posted on March 13, 2008...in Guam (via ABA Journal).It relates to the Jack Abramoff scandal.
Dersh on Spitzer
Posted on March 13, 2008Here is Professor Alan Dershowitz's take on the Eliot Spitzer case. I post it because it is very different than the way most of us feel about Mr. Spitzer. Here's a snippet:The federal criminal investigation that has led to Eliot Spitzer's resignation as governor of New York illustrates the great dangers all Americans face from vague and open-ended sex and money-transaction statutes...
Reminder -- Judge Marcia Cooke to speak tomorrow at lunch
Posted on March 11, 2008At the Banker's Club at noon.Cost is $35.There are a few seats left. You can pay at the door if you RSVP to Lourdes at Lourdes_Fernandez@flsd.uscourts.govSee you there!
The mold problem couldn't be any worse, right?
Posted on March 11, 2008Wrong.There is mold throughout the James Lawrence King building. From John Pacenti's DBR article:Another federal courthouse is riddled with mold, according to a private study last fall commissioned by the U.S attorney?s office. The study found mold spores in the air throughout the James Lawrence King building in downtown Miami...
Pending motions list
Posted on March 10, 2008In this morning's DBR, John Pacenti dimes out the district judges who have the most pending motions. Many judges check these stats out every month and want to make sure they have the lowest number of cases and motions. When I clerked, Judge Davis would look at the list, but wouldn't really comment on it or seem to care too much about it...
Client 9 and the Mann Act
Posted on March 10, 2008The Mann Act is used quite frequently in this district to prosecute pimps and others who "persuade, induce, entice or coerce" women to cross state lines to engage in prostitution. 18 USC 2422 providesWhoever knowingly persuades, induces, entices, or coerces any individual to travel in interstate or foreign commerce, or in any Territory or Possession of the United States, to engage in prostitution, or in any sexual activity for which any person can be charged with a criminal offense, or attempts to do so, shall be fined under this title or imprisoned not more than 20 years, or both...
Chief Justice on cameras in the Supreme Court
Posted on March 07, 2008"It's not our job to educate the public. Our job is to decide vitally important cases under the Constitution."That's what he told a group of high school students in response to a question about why there were no cameras in the High Court.Is it me or isn't that a very self-important, arrogant and obnoxious answer? I like the Chief Justice, but I disagree with him strongly on this point...
"If the state court is not sensible enough to dismiss this piece of shit, it will end up in federal court."
Posted on March 07, 2008That was Fred Haddad about the Florida Bar complaint against attorney Sean Conway for his comments on a blog about Judge Cheryl Aleman.
Why aren't there more self surrenders?
Posted on March 06, 2008Brian Tannebaum has this interesting post on self surrendering defendants to face charges. He argues that defense lawyers should be able to voluntarily surrender a defendant when that person and the lawyer know about the charges in advance:The purpose of an arrest is to take the defendant into custody and present them before a judge or have them bonded out immediately...
Joel DeFabio -- back to back Not Guilty verdicts
Posted on March 05, 2008Hot off his win in the Liberty City 7 case, Joel DeFabio won last night in the Haitian slave case. In both, his client was the only full acquittal. Here's the Herald article and the Sun-Sentinel article.
Blog topics
Posted on March 03, 2008I guess I should be blogging about the new crack guidelines become retroactive today, but instead I'll point you to this funny post at AboveTheLaw about our blackout last week.
Slowwwww blogging
Posted on March 03, 2008I apologize for the slow blogging recently. But what's going on in the District? Any news you want to share? Email it to me so I can post about it (anonymously if you'd like).In any event, I hear that the "Haitian slave" case is coming to a close in the next day or two...
News and Notes
Posted on February 29, 20081. Sailfish sentences net jail (via AP).2. Gov't appeal of Padilla sentence covered by Herald.3. Haitian "slave" testifies (via Sun-Sentinel).4. YouTube taunter pleads guilty (via Sun-Sentinel).
Let's get ready to rumble!
Posted on February 28, 2008The government filed its notice of cross-appeal in the Jose Padilla case.
Stay out of "disgusting" basement
Posted on February 27, 2008The mold issue in the David Dyer building continues to find its way onto this blog. Now this:Chief Judge Moreno has closed the basement and other parts of the Dyer building. According to this AP report:A federal judge has closed portions of Miami's historic downtown courthouse after a report identified widespread mold infestation and ongoing water leaks, with one part of the basement termed "disgusting" by inspectors...
Get back to work!
Posted on February 26, 2008The power is back on.For those that care, FDC-Miami is still closed from what I understand. It will reopen tomorrow morning...
Trial Begins in Haitian 'Slave' Case
Posted on February 26, 2008Lots of coverage for this trial. Judge Jose A. Gonzalez Jr. is presiding over the trial in Fort Lauderdale because the assigned judge had a conflict.The defense case from the AP:A family accused of keeping a Haitian teen as a slave and abusing her are the victims of an opportunist looking to get residency in this country, defense attorneys said Monday in opening statements...
It's official...
Posted on February 25, 2008...just about everyone thinks the Ben Kuehne indictment is BS.
Blogs...
Posted on February 25, 2008...work.Rumpole complained about lines getting into the state courthouse on Tuesday mornings following a Monday holiday. Judge Slom responded to the blog and attempted to address the problem...
Location change for ACS event tomorrow
Posted on February 21, 2008The lunch time discussion tomorrow on "Terrorism Trials in the Article III Courts: Do They Work?" has been moved to the offices of Kenny Nachwalter, P.A. 201 S. Biscayne BoulevardSuite 1100. CSPAN will be televising the event, which is February 22, 2008 from 12:15pm - 1:30pm...
Fisherman to forfeit boat, faces jail
Posted on February 21, 2008Vanessa Blum reports here:In a last minute deal with prosecutors, the owner of a South Florida charter fishing business pleaded guilty Wednesday in federal court to violating environmental laws by not reporting sailfish reeled in by customers and by killing undersized fish...
News and Notes
Posted on February 20, 20081. Blogger and now photographer Rumpole details the state courthouse crisis. (At least their courthouse is open).2. South Florida Lawyer writes about Judge Ungaro's sanctioning of a lawyer.3. Vanessa Blum has an article about the $4.5 million bond in Dr...
Upcoming Federal Bar (and other) events
Posted on February 18, 20081. For Federal PDs and AUSAs only -- this Thursday 2/21 from noon-2pm, the Federal Bar Association (South Florida Chapter) will be having a panel on voir dire, including Judges Huck and Altonaga, AUSA Jeff Sloman, and AFPD Michael Caruso. The seminar is free and includes lunch...
Weekend reading...
Posted on February 17, 20081. Jay Weaver keeps us informed on the Ben Kuehne case. Rumpole summarizes the article this way:The Government was using an informant to feed Kuehne phony information that drug money was legitimate. They ought to hang their heads in shame for prosecuting this man...
Happy Valentine's Day, loyal readers!
Posted on February 14, 2008Well, not much going on in the District the last couple days except that Dore Louis (of Go, Dore, Go fame) was on federal jury duty. I hear that even though he's a former prosecutor, the government struck him! No matter, the jury (in front of Judge Martinez on a misdemeanor case of bringing a knife into a federal building) acquitted in about an hour...
I smell a snitch
Posted on February 12, 2008Jay Weaver details here the New York case of Hernando Saravia, who appears to be the snitch in the Ben Kuehne case:Hernando Saravia allegedly gave $1.8 million in drug proceeds to a Colombian kingpin's defense attorney in Miami, but Saravia was not charged in the recent indictment against Kuehne...
White Collar Crime Blog on Ben Kuehne's case
Posted on February 10, 2008The White Collar Crime Blog raises some good questions in a number of posts (here, here and here) about the Kuehne prosecution. Professor Ellen Podgor sums up:Perhaps the most troubling aspect of this indictment is that it represents yet another instance of the government interfering in the payment of attorney fees for the criminally accused...
Lyglenson Lemorin speaks...
Posted on February 10, 2008...from his immigration prison in Georgia. This is the acquitted defendant from the Liberty City 7 case who remains detained on the same allegations for which he was acquitted. Apparently, the immigration judge told him that there is a difference between being innocent and being acquitted...
AUSA allegedly assaulted by local lawyer
Posted on February 09, 2008Saturday is usually a slow blog day, but loyal readers asked me to post this story from the Sun-Sentinel about a local attorney being arrested for assault on an AUSA in Ft. Lauderdale, so here it is:A private attorney has been charged with physically assaulting a federal prosecutor in a Fort Lauderdale courtroom by shaking her hand up and down so hard that it injured her shoulder...
Fed Bar Judicial reception last night
Posted on February 08, 2008The reception last night was a huge success. I think just about every federal judge and magistrate attended. And there were about 500 other attendees. I will post pictures as soon as I have some. Good times...Next events:A small luncheon on February 21 for PDs and AUSAs to discuss jury selection with panel of Judge Altonaga, Judge Huck, Jeff Sloman, and Michael Caruso...
More on Ben
Posted on February 08, 2008Some interesting points --1. The Southern District of Florida U.S. Attorney's Office did not sign the indictment. It recused.2. Ben's legal team has already filed a motion to ask for an early status conference to address "unprecedented" issues.3. Lots of coverage around the blogosphere and the press...
Sad day
Posted on February 07, 2008Typically I try to blog objectively and just report what is occurring in our District.Today I can't do that because what happened this morning in magistrate court should not have happened.Ben Kuehne, one of the pillars of this community, was indicted on money laundering charges...
A good argument for cameras in the courtroom.
Posted on February 06, 2008Check this out.The real action occurs at 7:06 on the video counter, followed by moaning from the lawyer (off-camera).
Inspectors at Dyer building today
Posted on February 05, 2008The David W. Dyer building will be inspected today by lawyers and experts for Ted Klein's family. I have been informed that, contrary to recent news articles, the Judge did *not* order the cleanup to stop. Instead, he simply permitted the plaintiff's team in the building before the 6 month period for filing a federal tort claim act lawsuit ran.
"Absolved of terrorism, Haitian still in limbo"
Posted on February 04, 2008Jay Weaver's article on Lyglenson Lemorin's plight can be read here. Lemorin is the acquitted defendant from the Liberty City 7 case who remains jailed by imimgration authorities based on the same conduct even though he is a lawful permanent resident with no prior convictions.
It's not too late
Posted on February 04, 2008The South Florida Federal Bar Association Judicial Reception is this Thursday night at the Hyatt from 5:30 to 8. RSVP now to Lourdes Fernandez at: Lourdes_Fernandez@flsd.uscourts.gov
Opening statements in Liberty City 6 case
Posted on February 01, 2008Here's a nice article by the AP's Curt Anderson summarizing today's openings. Here's some of the back and forth:Ana M. Jhones, an attorney for alleged ringleader Narseal Batiste, told the new, racially mixed jury of seven men and five women that the FBI agents and prosecutors sought to build a case at any cost against the men from Miami's impoverished Liberty City neighborhood...
Don't clean that mold!
Posted on February 01, 2008That's what Judge Story ruled in the Dyer mold case (via Julie Kay). From the article:According to documents that were unsealed Thursday, U.S. District Judge Richard W. Story ? sitting in the Miami case ? issued the order Monday to preserve evidence in a case that was brought by the children of deceased Magistrate Judge Ted Klein...
Dade County Bar Judicial Poll
Posted on January 31, 2008The results can be found here.Seems to me like a very low response rate, so it's probably of little use on the federal side.When are we going to move into the 21st century and allow cameras in the federal courtrooms so the public can see what's actually happening over here?
So, their pictures are better than mine...
Posted on January 29, 2008From yesterday's dedication ceremony of the Atkins' building (via the DBR).
Gag order lifted in part
Posted on January 28, 2008Judge Lenard held a hearing today on my motion in the Liberty City Seven case regarding the gag order that extended to acquitted defendant Lyglenson Lemorin, his lawyer Joel DeFabio, and DeFabio's agents (me). On January 12, we filed a motion for clarification of her order, asking how far the gag order reached and who was covered...
C. Clyde Atkins renaming ceremony
Posted on January 28, 2008It was a beautiful day for a beautiful ceremony this morning, renaming the Tower Building the C. Clyde Atkins United States Courthouse (at 301 N. Miami Avenue).Here's a picture I took with my cell phone of Chief Judge Moreno presiding over the events...
"Thank goodness for courts and judges who know the Constitution and follow the law."
Posted on January 24, 2008That's the concluding sentence from a glowing editorial about Judge Cooke's handling of the Padilla sentencing. Here's more:The punishment that Jose Padilla and two codefendants will get for conspiring with Islamic jihadists is both measured and fair...
Padilla defendants convicted because of "Obama bin Laden"
Posted on January 23, 2008That's according to the Daily Business Review today. The entire quote:"Their attorneys blames their conviction on the numerous times prosecutors used al Qaeda and its leader Obama bin Laden in trial. Cooke also allowed jurors to see a videotape of Obama bin Laden...
Thoughts on Padilla sentencing
Posted on January 22, 2008Many news outlets are referring to the 17 year sentence as "lenient." Since when did 17 years become a lenient sentence? Think about where you were 17 years ago.Some commenters are wondering why Padilla's sentence was the longest of the three defendants when his role was arguably the least serious...
Jose Padilla sentenced
Posted on January 22, 2008Judge Marcia Cooke sentenced Jose Padilla to just over 17 years today. Co-defendant Adham Amin Hassoun received 15 years and eight months, and Kifah Wael Jayyousi, received 12 years and eight months.The sentences mark huge victories for the defense because the advisory sentencing guideline range calculated by the judge was 30 years to life, and the government was asking for life...
Big SDFLA day
Posted on January 22, 2008Judge Cooke will impose sentence this morning in the Padilla case. The CSM asks the following question:Can a suspected future terrorist receive the same harsh punishment meted out against actual terrorists who were personally involved in planning or carrying out genuine bombings, assassinations, and kidnappings?The article then tracks some of Michael Caruso's arguments:In a hearing on Friday, Padilla's lawyer, Acting Federal Public Defender Michael Caruso, argued that there is no comparison between his client's conduct and the conduct of convicted terrorists currently serving sentences of life in prison...
"When justice rolls down like water..."
Posted on January 21, 2008I'm a sucker for great speeches...Enjoy:
"Courthouse renamed for judge who championed causes for social justice"
Posted on January 17, 2008More on the renaming of the C. Clyde Atkins courthouse here (by NLJ's Julie Kay).A Miami federal courthouse will officially be named after a popular deceased judge known for his rulings desegregating Miami schools and championing the rights of homeless people and Cuban and Haitian boat people...
Memo to thugs:
Posted on January 17, 2008Don't get on YouTube and taunt law enforcement. You end up looking like this.Money quote -- Alex Acosta: ''He threatened law enforcement, he said come get him, and we granted his wish."
360 to Life
Posted on January 15, 2008That's the guideline range for Jose Padilla and his two co-defendants as calculated by Judge Cooke. Now the Judge will hear arguments from the lawyers as to what the appropriate sentence is under 3553. In other words, the Judge must determine what sentence is sufficient but not greater than necessary...
Joking at the Supreme Court
Posted on January 15, 2008The WSJ Blog points out funny exchanges at the Supreme Court. I reprint their fun post here (by the way, our funniest judge -- according to the poll at the right -- is Chief Judge Moreno, by a wide margin...):The Law Blog?s Laugh-In At the Supreme Court: Wow Posted by Peter LattmanThe big news out of the Supreme Court yesterday concerned what they didn?t do...
To recuse or not to recuse...
Posted on January 15, 2008Judge Gold recused on the Ted Klein mold case. Julie Kay, in the National Law Journal, speculates that the entire Southern District bench may follow suit:U.S. District Judge Alan Gold in Miami has recused himself from a Freedom of Information case brought by the children of deceased magistrate judge Ted Klein against the General Services Administration...
"Life or less? Padilla to learn his fate"
Posted on January 14, 2008Jay Weaver wonders here what will happen to Jose Padilla. The intro to the article:By week's end, Jose Padilla, a seemingly lost soul who drifted from gang member to Islamic convert to terrorist recruit, will learn whether he spends the rest of his life behind bars...
Tom Mulvihill on the front page of the NY Times
Posted on January 12, 2008Interesting article here about the Venezuelan case that's been getting lots of national and international press. From the intro to the article:One day last August, an airport policewoman in Buenos Aires noticed something peculiar as she was monitoring a baggage scanner: the appearance of six perfect, dense rectangles inside a suitcase...
Padilla sentencing to continue next week...
Posted on January 11, 2008Still no sentence for Jose Padilla and his co-defendants. Apparently, sparks are flying (via CSM). And more here from the Sun-Sentinel.Is there anything more stressful for litigants and judges than sentencing hearings? I'm sure everyone will be relieved when this is over.
Gagged?
Posted on January 11, 2008Unfortunately, I will not be blogging about the Liberty City 7 case any more until the following issue is cleared up:As regular readers know, Judge Lenard gagged the defendants for the retrial. She also gagged acquitted defendant Lyglenson Lemorin and his lawyer Joel DeFabio...
Minor roles or leaders or something else?
Posted on January 10, 2008Apparently, that's one of the big fights at the Jose Padilla sentencing (for all three co-defendants). From the AP:Prosecutors say the three defendants were part of a conspiracy involving armed conflicts over decades in places like Kosovo, Afghanistan, Somalia and Chechnya and involving tens of thousands of people...
Judge Huck denies Noriega's request to block extradition
Posted on January 10, 2008Vanessa Blum has the details here:Miami federal judge signed off on U.S. plans Wednesday to send former Panamanian dictator Manuel Noriega to France to face money-laundering charges, finding the French government has given sufficient assurances it would continue to treat Noriega as a prisoner of war under the Geneva Conventions...
Federal Bar Association Judicial Reception
Posted on January 09, 2008The Federal Bar Association will have its 27th Annual Federal Judicial Reception on February 7, 2008 at the Hyatt Regency in downtown Miami from 5:30-8p.m. $35 for government lawyers and $45 for private practitioners if you purchase in advance. Mail your checks to Federal Bar Association, 300 NE 1st Avenue, Rm...
Poor Judge Cooke...
Posted on January 08, 2008She has to deal with a lot of sentencing objections in Jose Padilla's case (via the AP).
Go, Dore, Go!
Posted on January 08, 2008In our continuing Go, Dore, Go! segment, here is Dore Louis from yesterday's hearing in front of Judge Cooke:An attorney for Jayyoussi, a fundraiser for Muslim causes, launched a more direct assault on the government. ''The CIA and Justice Department destroyed evidence taken from people alleged to be unindicted co-conspirators in this case,'' argued Marshall Dore Louis...
Jose Padilla sentencing to start today
Posted on January 08, 2008Any bets as to what Judge Cooke will impose? The early over-under line is 20 years. --David Oscar Markuswww.markuslaw.com305-379-6667
Standby Liberty City 7
Posted on January 07, 2008Judge Lenard had to continue jury selection because of an emergency situation for one of the defense lawyers. Status conference on Wednesday.
Liberty City 7 retrial
Posted on January 07, 2008It's now the Liberty City 6, and the retrial starts today, three weeks after the jury hung in the last trial.Here's coverage by the Herald and AP. What do you think is going to happen? Another mistrial? That's what some of the jurors from trial #1 think (from Jay Weaver's article): ''From now on, they are going to have a hung jury just as we did,'' said Jose Viola, 58, an audio-visual technician for Miami-Dade public schools, who sat on the first panel and thought all of the defendants were innocent...
District news
Posted on January 04, 20081. Steven Larimore is our new clerk of court.2. The Tower Building has been named the Clyde Atkins courthouse. For more on Judge Atkins, read here.
Should an acquitted defendant, his wife and his lawyer be gagged
Posted on January 03, 2008That's the issue raised in this morning's article by Vanessa Blum:A federal judge who declared a mistrial last month for six South Florida men charged with conspiring to support al-Qaida is taking aggressive steps to limit publicity related to the case, including silencing lawyers for a man the jury found not guilty...
Julie Kay on the new federal courthouse
Posted on January 02, 2008This story isn't ending...Check this out.Here's an update on the lawsuit re Ted Klein, which is now being handled by Alan Goldfarb, not Ervin Gonzalez:The judges' move to the new building could free up space for occupants of the Dyer Building. Several magistrate clerks, courtroom deputies and interpreters who work in the building have complained of such respiratory problems as double pneumonia, nosebleeds and severe allergies...
Happy new year!
Posted on January 02, 2008Back to work everyone...It's 2008.And it's cold today. We don't have a blogging message as cool as this:So, we'll just leave it at Happy New Year. Here's to a great 2008.
Rumors of my demise...
Posted on December 28, 2007...have been greatly exaggerated.It's just that it's the deadest week of the year. EXCEPT IN STATE COURT! Are you kidding me? Yes, we have anonymous juries and explosions in buildings, but nothing like the Christmas Eve Massacre (reported by Rumpole).
Guinea pigs
Posted on December 24, 2007According to today's DBR, the probation office will begin moving into the new Wilkie D. Ferguson Jr. federal courthouse in January. But none of the other occupants (including judges) will start moving in yet.
Liberty City 7 update
Posted on December 21, 2007Judge Lenard has ordered an anonymous jury in the next Liberty City 7 trial. (via Miami Herald). Very bad news for the defense.Here's the intro to the article:A federal judge on Friday aired concerns about the possibility of jury tampering in the upcoming retrial of an alleged homegrown terrorism group and ordered that Miami-Dade jurors be selected anonymously for the high-profile proceeding...
Jailhouse snitch?
Posted on December 20, 2007Apparently someone at the federal jail claims that a defendant in the Joe Cool case confessed. Smells fishy to me. Here and here are the articles.
Holiday cards
Posted on December 19, 2007The Wall Street Journal Blog likes Stearns Weaver's holiday card....The following text accompanies this picture:Past contributions by our firm have enabled the Daily Bread Food Bank to deliver over 1.3 million meals to those in need in our community.This year, we decided to contribute a truck to help make the deliveries a little easier...
Where in the world is Lyglenson Lemorin?
Posted on December 19, 2007Check out this AP story, by Curt Anderson, about the one defendant who was acquitted in the Liberty City 7 case. Even when you win, you lose....A U.S. jury did not think Lyglenson Lemorin was involved in a terrorism conspiracy to topple Chicago's Sears Tower and bomb FBI offices, but he did not walk out of court a free man...
Related Law Articles
Dumb Texas Laws
Stupid Laws in the Lone Star State
Related Law Questions
What is comparative negligence and strict liability in tort law?
A. comparative negligence
B. seller sells to buyer
B. defense of ...
Can collection agency call me for my mother debt that she never had?
Get an Attorney - quickly. Do not talk to the collection people. Do not tell the...
Can I legally stop my kids grandmother from harassing me?
Hello and thank you for your question.
You need to file for a Civil Harass...
How to get compensated for or compel redmiation iwhen government action renders private land useless?
It may be possible for you to demonstration that the county's action constitutes...
I myself live in chicago and i believe me grandmother and father have left me property in flordia but i belive my father is trying to hide it from me. i was wondering if anybody knows how i can get a copy of both of ther
public records or hire and attorney and have the documents subponead...
#1 Online Legal Resource
On 08-28 at 21:13PM
Ten months later, Fed must reveal names of emergency lending recipients #FOIA
On 08-25 at 19:02PM
Squeaky Fromme, would-be Ford assassin and Manson devotee, released from prison
On 08-14 at 15:19PM
Likely unintended consequence of cash-for-clunkers stimulus is dampening of 2010 spending
On 08-14 at 14:34PM
Palm seeks to halt Palm Pre Android theme on copyright and trademark ground
On 08-12 at 17:30PM
Congressional investigation demonstrates Karl Rove lied about his active role in US attorney's firing
On 08-12 at 16:20PM
Family of New York City swine flu victim to sue city for failure to secure school #nyc #swineflu
On 08-12 at 12:59PM
Real Network's DVD copying software deemed to break DMCA's anti-circumvention provisions
On 08-12 at 12:57PM
Prepaid funeral operators indicted for $100 Million fraud
On 08-12 at 12:53PM
NY Jets join Cincinnati, Dallas, Green Bay, Houston & Seattle #NFL teams offering branded state lottery games
On 08-12 at 12:43PM
Are you the author of this blog? Adding USLaw.com to your Blogroll increases relevance. You qualify to display a USLaw Network badge.
Suggest changes to this blog's description or nominate another for inclusion. Register for updates.
What is comparative negligence and strict liability in tort law?
A. comparative negligence
B. seller sells to buyer
B. defense of ...
Can collection agency call me for my mother debt that she never had?
Get an Attorney - quickly. Do not talk to the collection people. Do not tell the...
Can I legally stop my kids grandmother from harassing me?
Hello and thank you for your question.
You need to file for a Civil Harass...
How to get compensated for or compel redmiation iwhen government action renders private land useless?
It may be possible for you to demonstration that the county's action constitutes...
I myself live in chicago and i believe me grandmother and father have left me property in flordia but i belive my father is trying to hide it from me. i was wondering if anybody knows how i can get a copy of both of ther
public records or hire and attorney and have the documents subponead...
 |
|
Contact Us | About Us | Celebrity Law Blog |
Our Partners | Disclaimer
| Law Blog Directory
| Law Jobs
| Law Tweets
| GoDaddy Hosting
All original material © 1999-2009 by USLaw.com. |