Federal Judiciary

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, 2008
The 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, 2008
This 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, 2008
Let'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...

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Liberty City jury deadlocked?

Posted on April 11, 2008
The 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, 2008
A 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, 2008
Rumpole 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...

Liberty City jury still deliberating

Posted on April 09, 2008
That says it all.

News & Notes

Posted on April 07, 2008
1. 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...

Moving day?

Posted on April 07, 2008
Thanks to one of my favorite tipsters for the picture.

Judge Martinez to speak Wednesday, April 16th -- CORRECTION

Posted on April 07, 2008
In 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, 2008
Sort 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, 2008
That 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...

April Fool's...

Posted on April 01, 2008
Rumpole is playing April Fool's over at his blog. Funny?

No Liberty City verdict yet

Posted on March 31, 2008
Uh-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, 2008
So 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, 2008
Big 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, 2008
Thanks 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, 2008
The 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, 2008
That'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, 2008
Or 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, 2008
Luckily 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, 2008
Sorry 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, 2008
While 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, 2008
Here 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, 2008
At 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, 2008
Wrong.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, 2008
In 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, 2008
The 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...

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