Federal Judiciary

How the ball bounces

Posted on March 30, 2010
Judge Marra just dealt a blow to the successor to the investors in the failed restaurant and memorabilia emporium, D. Wade?s Place, something I had no idea had ever existed. It seems, according to the order dismissing the complaint, that there is no legal basis for their contention that Dwyane (that?s how that?s apparently spelled) was monopolizing memorabilia by failing to perform on a contract that gave the investorsthe right to use his name, fame, nickname, initials, autograph, voice, video or film portrayals, facsimile or original signature, photograph, likeness, and image or facsimile image without Wade?s consent to create personalized memorabilia featuring Wade which could be sold at the restaurants...

It?s quiet ... too quiet

Posted on March 29, 2010
I didn?t mention this when D.O.M. called and said he needed to focus on work for a while, but I have no idea what?s going on in the SDFla. Judge Jordan dropped by my JV-FPD class last week to explain what goes on behind the curtain at the Eleventh Circuit?which went so well I could have sold tickets...

Spring Break Guest Blogger (WITH AN UPDATE RE MAGISTRATE POSITION)

Posted on March 27, 2010
I'm taking Spring Break off from blogging. You'll be happy to know that Professor Rick Bascuas has agreed to step in for the week. Rick can usually be found blogging over here. See you guys soon. UPDATED -- Well, just before I got off the grid, I got a tip that the new magistrate position went to Jonathan Goodman...

All quiet in the District?

Posted on March 25, 2010
Talk to me people. Anyone in trial?In the meantime, here's Breyer and Scalia squaring off again. From the BLT:Breyer and Scalia challenged each other the most over statutory construction, with Scalia insisting that looking to the words of the law and nothing else is the best way to discern its meaning...

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So who is the new Magistrate?

Posted on March 25, 2010
The judges interviewed and then picked the new magistrate today. But the choice isn't public yet. When asked who was selected, Chief Judge Moreno said this:"The most qualified applicant was chosen pending an FBI investigation. Consistent with the rules of the Judicial Conference it remains confidential until finalized...

My concern is that there are a few in the defense bar who see blood in the water...

Posted on March 23, 2010
...and are determined to attack the department?s prosecutors indiscriminately ? and without any factual basis."That was Lanny Breuer, assistant attorney general for the criminal division. John Pacenti covered the story in this week's Justice Watch column...

New snack bar/cafeteria finally opened!

Posted on March 23, 2010
Go check it out on the 5th floor of the Ferguson courthouse!

Congrats to Judge Huck

Posted on March 23, 2010
Our very own Judge Paul C. Huck received the Lifetime Achievement Award from the Jewish Federation tonight at the Hilton. Also honored: Judge Scott J. Silverman (Community Service Award) and Donald I. Bierman (Ted Klein Award).

Public corruption trial begins for former Miramar Commissioner Fitzroy Salesman

Posted on March 21, 2010
Here's the preview article by the Sun-Sentinel. Should be interesting:The defense's case is more unpredictable. Salesman's attorney, Jamie Benjamin, said his client denies that he did anything criminal. One possible argument floated by the defense is that Salesman can't be accused of abusing his office because he was suspended at the time of some of the alleged offenses, due to unrelated legal problems...

Bracket busting...

Posted on March 21, 2010
What a great first round of the tourney. Here is your top ten after Rounds 1 & 2:1. ND in ND Jacob2. Fake Ed Williams fakeedwilliams3. Male Bondage II 3boysathome4. Fake Bill Barzee Fake5. Well Hung Jury Micah6. SDFLA Blog * David7. Male Bondage 3boysathome8...

More SDO

Posted on March 18, 2010
This time with the judges:

St. Patrick Day News & Notes

Posted on March 17, 2010
1. Suspended Broward School Board member Beverly Gallagher pleaded guilty today. She'll do about three years in federal prison. (via Miami Herald)2. "Wachovia Bank charged with violating anti-money laundering law" (via Miami Herald). Wachovia has agreed to pay $160 million in the deferred prosecution agreement:Federal authorities in Miami have filed criminal charges against Wachovia Bank, alleging it failed to block Mexican currency exchange houses from laundering $110 million in drug proceeds through the bank, officials said Wednesday...

Justice O'Connor's reception

Posted on March 17, 2010
Justice O'Connor's reception last night was a success. Lots of judges, lawyers, and law clerks came by to see the legal legend who is in town this week as a visiting judge in the 11th Circuit court of appeals. Here she is with incoming U.S. Attorney Willy Ferrer, Jackie Becerra (Greenberg Traurig), and Bill Roppolo (president of the Federal Bar Association; Baker McKenzie)...

Justice Sandra Day O'Connor is in the house

Posted on March 16, 2010
Tonight from 5:30-7:30 at the Federal Courthouse, the Federal Bar Association will be honoring her. Stop by and say hello. In other news, Scott Rothstein is snitching against mobsters: Pretending he was being dogged by the FBI and needed help, Rothstein allegedly talked Settineri into tearing up two boxes of documents and laundering $79,000 from Rothstein's massive investment racket, according to sources familiar with the case...

March Madness is here

Posted on March 15, 2010
Fill out your brackets here at the free blog pool. The password is sdflablogAnd yes judges, you can play too!

Happy Pi day

Posted on March 14, 2010
3.14

Attorney lounge dedicated to Judge Eugene Spellman

Posted on March 12, 2010
There was a really nice luncheon today at the federal courthouse, naming the attorney lounge on the 14th floor the Eugene Spellman Attorney Lounge. Judge John O'Sullivan gave a great speech about Spellman -- telling stories about how Spellman judged cases and taught young lawyers...

The Broward Bar Association has nothing better to do...

Posted on March 12, 2010
... than ask whether the JAABlog is acting professionally. From this morning's DBR:A Broward County Bar Association committee will meet to determine whether the legal blog JAABlog ? the premiere place for courthouse gossip ? meets its professional standards...

Whoops

Posted on March 11, 2010
This Herald article about the arrest of alleged mobster Roberto Settineri had the following picture in this morning's paper: The caption under the picture referred to the U.S. Attorney, Jeff Sloman, as Settineri's lawyer. Doh! The online version now has it fixed...

Judge Cooke & Kendall Coffey address federal bar association

Posted on March 10, 2010
They discussed the high-profile case and how to deal with the media and jurors wanting more information. It was entertaining.This blog was mentioned a couple of times and even called "informal media" and was distinguished from the good ol' days when a newspaper article couldn't be written until it had 2-3 sources...

We're Popular!

Posted on March 10, 2010
Joan Fleischman covers the Legal Services event in this Herald article, and the blog gets some ink!Quince on Thursday at the Margulies Collection in Miami's Wynwood Arts District. Not a quince to celebrate a young lady's 15th birthday. This is about Chief Justice Peggy A...

RIP Judge James Paine

Posted on March 08, 2010
Sad news to report -- Judge Paine has passed away. Here's the PBP obit:The flag outside the federal courthouse flies at half-mast this morning following the death Sunday of one of Palm Beach County's longest serving, hardest working federal jurists, Sr...

"Any accurate depiction of the criminal justice microcosm must include the vital role of the coffee shop."

Posted on March 08, 2010
That's Milton Hirsch on the absence of a coffee shop in the new federal courthouse. John Pacenti covers the issue here:Three years after the Ferguson courthouse was dedicated, the chief judge is fed up with the General Services Administration and is demanding to know when the planned cafeteria will materialize...

Wanted: Guest Blogger

Posted on March 05, 2010
It's been a hectic week for your favorite federal blogger. Yesterday in Tampa; today in Ft. Pierce. I promise to be better next week. In the meantime, here's a picture of the federal courthouse in Ft. Pierce. They are building a new one up here so this old relic doesn't have much time left...

More on Scalia vs. Alito

Posted on March 03, 2010
I've often said that Justice Scalia is the most criminal-defense friendly Justice, while Justice Alito is the least. More support for this argument from yesterday's opinion in USA v. Curtis Johnson. The Court ruled 7-2 that a ?violent felony? under federal law requires the use of physical violence, thereby reversing and remanding the lower court which found that a misdemeanor battery counted...

Is 5 hours enough time to conduct voir dire?

Posted on March 02, 2010
That's the question before the Supreme Court in the Jeff Skilling case. Here's the summary from ScotusBlog:With Justice Stephen G. Breyer leading the way, the Court probed deeply into the questioning of potential jurors at Skilling?s trial in Houston, examining whether District Judge Sim Lake took too little time to ferret out potential prejudice or stopped short of following up to test jurors? pre-trial intimations ? or outright conclusions ? that the accused Enron brass deserved to be convicted...

THIS is American Idol!

Posted on March 01, 2010
Or, rather, Inmate Idol... On a faded green basketball court surrounded by a tall fence topped with barbed wire, a small platform stood elevated just inches from the ground.Frederick Davis walked to it, took the mike and grabbed at his orange baggy pants...

CONGRATS TO WILLY FERRER

Posted on February 25, 2010
Jay Weaver is reporting that the White House has officially nominated Wilfredo Ferrer to be U.S. Attorney of the District:His résumé was an easy sell: He is a one-time federal prosecutor in Miami and is currently chief of Miami-Dade County's federal litigation section...

Seminars, conferences, and lunches: oh my

Posted on February 25, 2010
Well, Miami is the hot spot this week for the criminal practitioner:1. The ABA's White Collar Crime Conference has been going on all week at the Eden Roc. About 1000 defense lawyers and prosecutors show up and try not to look to out of place on South Beach...

"On October 4, 2010, Elena Kagan Will Ask Her First Question As A Supreme Court Justice"

Posted on February 24, 2010
That's Tom Goldstein over at ScotusBlog, predicting that Justice Stevens will retire and that SG Kagan will take his place. The whole thing is worth a read, but here's the conclusion:So, here is how I expect the next few months to play out. In the spring, Justice Stevens will announce his retirement...

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