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GOODBYE DEPOS?

By "Captain Liberty" and "Rumpole"

There's a move a foot to ban depositions for third degree felonies. The measure passed 5-3 in the Florida Legislature House Sub committee that handles such matters (We think it's the House Sub Committee on Fascism, but we're not entirely sure). This is the thin edge of a large wedge. It will start with third degree felonies and we will end up with no depositions unless the state certifies death. Here's a rational proposal: put  the teeth back in the guidelines and statutory maximums. How do you explain to a client that the maximum is the maximum unless the guidelines exceed the maximum and then it's not really a maximum?  True story: client with no priors went to trial before Judge Vic Tobin in Broward. He tells my client's family: "I don't know you and I don't know if your lawyer knows what he's doing because if he loses I can put your daughter into prison for five years...continue to full post

Full post as published by Justice Building Blog on March 06, 2009 (boomark / email).