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Federal Judiciary

Southern District of Florida

News and notes on the Southern District of Florida

Post Frequency: 3.1/day

Last Entry: November 03, 2020 at 07:42:00

"When something uncanny, accidental and unexpected happens."

Posted on June 10, 2010
That's the definition of coincidence. There was a pretty incredible one today in Judge Middlebrooks' courtroom. It was jury selection for the cops who were charged with perjury in connection with a Judge Altonaga case. They were charged with lying about AFPD D'Arsey Houlihan's client last year...

It's 50 years...

Posted on June 09, 2010
...for Scott Rothstein.More to follow.Update #1 -- From the Sun-Sentinel article:In the courtroom, Rothstein appeared visibly and dramatically changed by his six months in federal custody, much thinner with closely shorn gray hair and a goatee -- almost unrecognizable from the outsize personality he once was...

How much time will Rothstein get?

Posted on June 08, 2010
We asked that question in our poll here. Most readers are saying that he will get between 40 and 50 years.The Sun-Sentinel has followed suit in its own poll. Other lawyers have weighed in this article. Here are the results of their poll as I write this post:Poll: How much time should he get?Convicted Ponzi schemer Scott Rothstein will be sentenced Wednesday, June 9, in federal court...

Monday news and notes

Posted on June 07, 2010
1. The government has asked Judge Cohn to sentence Scott Rothstein to 40 years, a (meaningless?) variance from the statutory maximum of 100 years. (pg. 2: "The Government concedes that a variance in this case is supported by several salient factors. While the Defendant?s criminal activity in this case can only be described as reprehensible, it is beyond dispute that his post-offense conduct has been extraordinary...

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Scott Rothstein asks Judge Cohn for 30 years...

Posted on June 06, 2010
...and I'm a bit surprised. I thought he'd ask for less. The PSI calls for life (a level 52), but the statutory maximum is 100 years. Rothstein will be 48 the day after his sentencing this week.Here's his sentencing memo (by Mark Nurik):Rothstein Sentencing Memo Rothstein himself wrote a 12-page letter to Judge Cohn, asking for leniency, "[b]ut I do not feel sorry for myself nor do I want anyone's sympathy...

Summer time

Posted on June 04, 2010
Professor Rick is finished grading his exams, and is back to blogging. His latest -- on the most recent Supreme Court Miranda case -- is hilarious. Go check it out.

11th Circuit issues 112 opinion reversing one of its own

Posted on June 03, 2010
The case is United States v. Farley, and I confess that I haven't read the whole thing yet. What struck me is that the court reverses Judge Beverly Martin, the newest member of the 11th Circuit, in an opinion she wrote as a district judge. She held at the district level that a 30-year min/man sentence was unconstitutional as cruel and unusual...

Shhhhhhhhhhhhh.

Posted on June 02, 2010
?Do you pray to God to forgive you for shooting that boy down??That's the question that Van Chester Thompkins was asked after 3 hours of questioning in which he remained silent. Thompkins said yes and the statement was used to convict him. The Supreme Court held 5-4 that staying quiet for 3 hours wasn't enough to invoke one's right to remain silent...

Quick news and notes

Posted on June 02, 2010
1. Former Broward School Board member Beverly Gallagher gets 37 months in prison. That was the agreed-to sentence. Here's the Sun-Sentinel article.2. A bodyguard in the Scott Rothstein case pleads guilty. Here's the Herald article:A Broward County bodyguard pleaded guilty to conspiring to shred financial records at the behest of Scott Rothstein as the Fort Lauderdale lawyer's $1...

Sun-Sentinel profiles Judge Jimmy Cohn

Posted on May 30, 2010
Paula McMahon does a very nice job here, describing him as "a true Southern gentleman" and "tough but fair." He's being profiled because he's got three huge sentencings coming up -- Scott Rothstein, Beverly Gallagher, and Fitzroy Salesman. Judge Cohn did what more judges should do and agreed to be interviewed for the article...

Judge Davis' memorial service

Posted on May 28, 2010
It was a real tribute. So many friends, colleagues, judges, family turned out to pay their respects. Judge Graham spoke beautifully about Judge Davis, as did Ned Davis (the judge's son). We all shared stories about him over drinks, as he would have liked...

Judge Altonaga remembers Judge Davis

Posted on May 27, 2010
There are so many great comments about Judge Davis that were posted, but I thought I'd share with everyone on the front page, this letter from Judge Altonaga:May 27, 2010Dear David:On Monday, May 24, 2010, you shared the story of U.S. District Judge Edward B...

Monday morning Lost edition

Posted on May 24, 2010
Is everyone still deciphering last night's 2 1/2 hour Lost finale? I really liked it, and give it a solid B+. One of the great shows in the history of TV was the Lost Season I finale when they took Walt (there's the scene below). The show never really lived up to that moment, but it was still very good after that...

RIP Judge Edward B. Davis

Posted on May 24, 2010
It is with great sadness that I report that Judge Edward B. Davis passed away today. I will post funeral arrangements as soon as I hear about them.He was -- for a long long time -- the heart and soul of this District. He was old-school in every way.My clerkship with the Chief was the best job I've ever had...

Miss me yet?

Posted on May 20, 2010
The Rekers scandal has reached the New York Times. The article raises the question of whether the lawyers who relied on Rekers' testimony as an expert witness have an ethical obligation to inform the court of what happened.Do Rekers' lawyers have an obligation to inform the court of his scandal?YesNo pollcode...

Ch-ch-ch Changes

Posted on May 18, 2010
Lots of change going on over at the U.S. Attorney's office. Multiple sources have told me that:Ben Greenberg is now the 1st Assistant U.S. AttorneyEd Stamm is Chief of CriminalEd Nucci has the new position of "Managing Assistant U.S. Attorney for the Northern Offices"Marcus Christian is the "Executive Assistant U...

"Put simply, Epstein believes he is above the law."

Posted on May 18, 2010
That was the statement by Peter Prieto and Steve Marks after they filed a civil complaint against Jeffrey Epstein for violating his agreement to pay the victims of his sexual offenses. The case landed before Judge Gold. Here's the AP story by Curt Anderson:Billionaire sex offender Jeffrey Epstein is violating an agreement with federal prosecutors by refusing to pay more than $2 million in legal fees to attorneys representing a dozen of his victims, according to a new federal lawsuit...

Judge Cooke to get a piece of the Scott Rothstein case

Posted on May 18, 2010
Well, SFL hasn't used Scribd in a while, so I figured I get in on the fun. Here's a complaint filed by David Mandel against Scott Rothstein and TD Bank for civil RICO that landed before Judge Cooke:Coquina Complaint Coquina, an investment partnership based in Texas, alleges that TD Bank was complicit with Rothstein in the Ponzi scheme...

Heroes vs. Villians

Posted on May 17, 2010
Update-- I guess this is Justice Kennedy day. Today he wrote for the Supreme Court that a life sentence for a juvenile was unconstitutional where the defendant did not commit murder. He cited evolving standards of decency and also world standards. It's a fascinating read, especially in light of his comments on Friday regarding empathy and sentencing...

It's Friday!

Posted on May 14, 2010
Took a quick trip to the Middle District yesterday. I think I can fly to Tampa, drive to the Pinelas county jail, see my client, drive back to the airport, and fly back to Miami quicker than I can walk across the street to FDC and see a client there...

Justice Kennedy speaks to PB Bar Association

Posted on May 14, 2010
John Pacenti has the details here. The whole thing is definitely worth a read, but here is a part:Under Chief Justice John G. Roberts, Kennedy voted with the majority 92 percent of the time in the 2008-2009 term. On the 23 decisions decided by 5-4 votes, Kennedy was in the majority in all but five...

Old debate pops up again

Posted on May 12, 2010
Jay Weaver is reporting that Judge Lenard didn't accept the plea deals in a health-care fraud case in which patient files were sold to personal injury lawyers. Judge Lenard is concerned that the punishment agreed to does not fit the crime:Ruben E. Rodriguez, the ringleader, would face up to 12 years in prison...

Joe Cool conviction affirmed...

Posted on May 11, 2010
... in a short non-published opinion, without oral argument. It seems to me that an appellate court should at least have oral argument after a trial that results in a life sentence. I mean, it's just a half an hour to hear argument. Just saying.In other 11th Circuit news, the court found that a district court errs by admitting a defendant's MySpace page...

It's Elena Kagan

Posted on May 10, 2010
That's the (leaked) word from last night and this morning. Tom Goldstein called it months ago and his coverage over at ScotusBlog is unbelievable. Here's Tom's summary of his recent posts, but there's a whole lot more over there:1. On February 23, I wrote explaining that Justice Stevens would retire, Justice Ginsburg would not, and the President would nominate Elena Kagan to fill the Stevens seat...

This can't be true, can it?

Posted on May 07, 2010
According to the JAABlog, a Broward judge said: "If the jury comes back not guilty, I'm going to slit my throat" in a DUI case: "Luckily for the Judge's throat, they did come back guilty, after which the defense attorney successfully disqualified Ireland from further proceedings...

Pictures Pictures Pictures

Posted on May 05, 2010
I know you all are upset with me -- I missed Star Wars day yesterday (May the 4th be with you). So, I won't miss Cinco de Mayo today...Another day, another attack on JAABlog and Bill Gelin, this time from a lawyer upset with a picture he posted. Here's the basic question -- do the Florida Bar Rules apply to lawyer-run blogs? And if so, did Gelin violate any rules by posting the picture? Bob Norman (and now SFL and Rumpole) have weighed in...

Picture day

Posted on May 04, 2010
Three pictures of the day:1. State Senator likes porn:2. Phillies fan tasered:3. Supreme Court doors are closed:and one item without a picture -- apparently the 11th Circuit is investigating a judge.

Monday morning...

Posted on May 03, 2010
Feels like summer is here, no?SFL already has posted on the FBA BABC. It was a good event. Tons of people showed up, and most of the judges were there. Big shout out to Adam Rabin and Brian Spector for their hard work. From the criminal bar perspective, I thought it was interesting to see the prosecutors and criminal defense lawyers engaging each other on a variety of topics, including sentencing, discovery, cooperating witnesses, and so on...

Judge Kozinski says we need cameras in the courtroom

Posted on April 29, 2010
And I wholeheartedly agree. From the Above the Law post on his comments:Kozinski started his talk by going over some of the arguments he has made before [PDF] in support of cameras (e.g., studies show cameras don?t affect the proceedings, quoting his ?old boss? Warren Burger ? ?People in an open society do not demand infallibility from their institutions, but it is difficult for them to accept what they are prohibited from observing...

We miss you Paris

Posted on April 29, 2010
She wasn't in court today for a follow-up hearing on her case before Judge Moreno. The AP covers the hearing here. See everyone tomorrow at the Doral for the Bench & Bar conference. UPDATE -- Even though Paris wasn't in court today, Dan Marino was...

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