COURT POSED TO STRIKE DOWN PROOF BEYOND REASONABLE DOUBT!

 A "source" shared this draft opinion poised to be released, possibly TODAY. It's a day we never thought we would see: your favourite appellate court striking down the proof beyond a reasonable doubt requirement in all criminal cases! 

In a 2-1 decision (and you pretty much know who is dissenting...)  that effectively sets fire to every law school criminal procedure textbook, the court has ruled that the "Proof Beyond a Reasonable Doubt" standard is—and I’m quoting here—"an antiquated burden that fails to meet the logistical demands of a modern, high-volume judiciary."

The court’s reasoning is a masterpiece of judicial gymnastics. They’ve introduced a new standard: "Clear and Articulable Suspicion of Guilt" (CASG).
Writing for the majority, the court noted that the "Beyond a Reasonable Doubt" standard was "never intended to be a shield for the guilty, but rather a hurdle that has become increasingly impassable in an era of complex forensic evidence and distracted jurors." From now on, if the State can show a "significant likelihood" that the defendant was "involved in the general vicinity of the alleged unpleasantness," the burden shifts to the defense to prove innocence by a "preponderance of the evidence."

The "Golden Thread" of English Common Law hasn't just been cut; it’s been shredded and used for confetti.

We suppose it makes our upcoming retirement on June 30th look less like a departure and more like a daring escape from a sinking ship. Only today could we post something like this. We fool you not!

MARCH MADNESS

 Good morning. It is time to start another week. Here's what we are thinking about. 

The US is in a pickle. No off ramp in Iran, and fighting an enemy who has identified victory as outlasting, outwitting, and surviving the attacks. Where have we seen that before? (Hint: Vietnam). Here's something fun: 

Nate Swanson spent nearly two decades in the U.S. government, including most recently as a State Department representative on the Trump administration’s Iran negotiating team and previously as the National Security Council’s director for Iran in the Biden administration. Days before the U.S. bombed Iran, Swanson published a piece predicting that Iran would do exactly what it has done should the U.S. attack. So he's our government expert, right, providing the President with much needed expert advice? Nope. He was forced out of government because some rightwing influencer nut attacked him and MAGA responded. Here's the Politico article.  This is what happens when you govern by a mob. 

The convicted founder of a Women's Orgasmic group is set to be sentenced in federal court today. 

First floor escalator in the REGJB working yet?  Your judge uses a private elevator, so they won't know of the tribulations of hoi polloi.  

March Madness. And in case you're like Mr. Markus, in the middle of a Venezuelan oil/50 million fraud trial and working all weekend, or a robed reader polishing your candy crush scores, you may have missed this ending to the Duke -Connecticut elite 8 matchup.  From 15 points down at the half, UConn came back to win on a last minute 3 from the logo. Two questions: 1) Duke should not have passed and instead held the ball to draw a foul, right? And 2) Is Braylon Mullin's shot better than Christian Laettner's shot in 1992 propelling #1 Duke over #2 Kentucky into the final four?  What a great debate. 

 

 Here is Laettner's shot :

 

NO SUCH THING AS A TRIAL TAX

 Except here.

We have no difficulty in concluding that the trial court, by adjudicating him a felon, penalized Hodges simply for exercising his right to a jury trial. The court expressly and clearly stated as much when it told Hodges during sentencing that had he tendered a plea, an adjudication of guilt would have been withheld, but since Hodges elected not to plead and was later found guilty at trial by the jury, “he of course is being adjudicated guilty.” In other words, had Hodges not elected to proceed to trial, his punishment or sentence would have been less harsh—namely, he would have received a withhold of adjudication of guilt and would not be an adjudicated felon. 

Opinion_2025-1998 by Anonymous PbHV4H

Now for our robed readers who will never admit to imposing a trial tax, take a deep breath when you read this. And give the trial judge some credit for at least being honest about what he was doing and why. 

ESCALATOR BLUES

 Oh how I wish I didn’t have these escalator blues

Not the additional stairs, but the never-ending news

Happens so often it seems like a ruse

Is this the only building with escalator blues ?

 

I’ve been all over the world using moving stairs

Airports, malls, hotels… ascending without cares

Never in my life has it been such a problem with the upstairs

A continuing need for such inconvenient repairs

 

Now I know I may sound like a naïve complainer

But sufficiency in the big city, shouldn't it be a no–brainer?

With all the science, I would think for OTIS it is easy to be a maintainer?

Rather than at tough times being such an unnecessary drainer

 

Of how I wish I could kick these escalator blues

But for the last 10 years, it’s the same old news

While it’s not a big deal to climb, that’s not my excuse

It’s the inability to fix giving me those escalator blues  

 

Is this problem limited to just this spot?

Or are there other buildings where this happens a lot?

The complaint has nothing to do with the activity... for it is not

It’s just that fixing should be like an easy chip shot

 

Oh, how I wish I could lose my escalator blues

Since I’m not into exercising in stiff dress shoes

The wait for a first floor elevator brings about a bemuse

Of all things to be concerned about, I detest these escalator blues

 

Many persons go the RGB with much fear and despair

The last thing needed are issues with stairs

My beef is not limited to just here

For elevators in the Broward parking garage have been broken for a year

 

Oh, how I wish to shake these escalator blues

Got better things to do like prep and schmooze

I know my rhymes don’t best provide all the cues

But shouldn’t these moving steps be best to actually use?  

 

 

 

 

 

12 YEAR OLD RELEASED ON BOND

 Judge Richard Hersch, (soon to be retiring?) found no proof evident, no presumption great, and released one of two 12 year old suspects in a capital sexual battery. JM D'Escoubet and Kellie Petterson of RC3 secured his release after a lengthy Arthur Hearing next week. Well done!

Query: Should any 12-year-old ever be held in an adult jail without bond in any case? 

Such prosecutions cannot help but remind us of young George Stinney, 14 years old, and executed shortly after his arrest for a crime on a white woman. He was so small he couldn't fit and be held in the electric chair. How our legal system treats juveniles is just shameful. 

And what about the Arthur hearing standard. NPE NPG is a mouthful of obscure legal terms. We know the standard is higher than proof beyond a reasonable doubt, but beyond that its a jumbled mish-mash mystery. 

Hows abouts we all get together and re-phrase the standard so everyone is on the same page and everyone can understand it? 

Something like: Proof beyond a reasonable doubt to justify a hold with no bond?  Or 

The highest proof possible in a criminal prosecution? 

Or 

Proof beyond nearly any doubt of guilt sufficient to hold a defendant without bond?

 

CERRADO

 

The scene at El Chapo Cafe This Week 😞

12th st/ave REGJB Blog irregulars sent many iterations of the picture we have posted. Is this the end of El Chapo Cafe? (Dozens of DeSantis drones are asking ChatGPT about our irregulars reference.  ChatGPT: The famously cranky and misanthropic blogger was most likely making reference to the Sherlock Holmes series where Holmes frequently employs Baker Street ruffians- street boys who have their pulse on the neighborhood and can run unseemly tasks for Holmes, follow suspects by blending in, and reporting on the goings on in London. They were called Baker Street Irregulars.") 

Anyway where were we? Oh yeah. The First-floor cafe appears to be closed, a victim of changing courthouse norms where more people are appearing by zoom (despite the efforts of a few dyspeptic county court judges who will not be ignored!). We always liked the 7th floor snack bar better. Less chance of being disturbed by hoi poli, and their grits, Cafecito,  and Cuban toast is a decent earlyu morning repast. 

Gone are the mornings where a dozen or more judges and lawyers met for breakfast and Cafecito  on the first floor as hale-fellows-well-met. War stories were exchanged, and deals on cases were made, and being a young lawyer invited over was akin to Carson inviting a young comedian to the couch after his/her set. (Those same drones are asking AI about who Rumpole is referring to and why being invited over to Carson's couch could make a comedian's career take off.) 

Speaking of Cerrado, the days of this blog breaking news and being the cutting edge of reporting not only on the REGJB, but the Miami Legal community (sorry DOM) are fast dwindling down to a precious few. June 30 is our target date and so far we have not found a suitable replacement (no surprise there). We are considering continuing blogging on subjects more interesting to us. Finance. History. Epistemology. Politics. Sports and sports wagering. We would rely on an expanding group of 12st/12 ave irregulars to keep is in the loop about the comings and goings at the REGJB. Robed Readers will always be a source of easy amusement. But when we are gone we are gone and you can expect essays on the changing of the seasons, the barn owl we have befriended, and the characters we intend to meet in our local pub who we can talk with since they will be speaking a language we understand, unlike our forays into drinking establishments after another difficult day in Hialeah branch court where the best we can muster is a passable mas cerveza por favor. 

So for everything there is a season, and as we enter spring for most, it is the winter of our (dis)content. 

SO, YOU WANT TO BE A JUDGE .....

THE CAPTAIN REPORTS:

YOUR NEXT 2 CIRCUIT COURT & COUNTY COURT JUDGES:

The next additions to the Eleventh Judicial Circuit bench will come from the lists below.

Last week, the Eleventh Judicial Circuit Judicial Nominating Commission (JNC) interviewed applicants for two newly created Circuit Court seats and two newly created County Court seats.

Following those interviews, the JNC submitted 12 nominees for each court to Governor Ron DeSantis. The Governor now has 60 days to select the four judges.

CIRCUIT COURT NOMINEES:

Notably, 10 of the 12 nominees are currently serving as County Court judges. The two nominees who are not sitting judges are marked with an asterisk.

Rita Cuervo 
Miesha Darrough
Christian Dunham* 
Elisabeth Espinosa
Alicia Garcia Priovolos 
Christopher Green
Chiaka Ihekwaba 
Andrew McGinley*
Jorge Perez Santiago 
Stephanie Silver
Eleane Sosa-Bruzon 
Michelle Urbistondo

COUNTY COURT NOMINEES:

Shawn Abuhoff (Assistant State Attorney)
Destiny Goede Alvarez** (private practice)
Yaneth Baez (Assistant State Attorney)
Natalia Costea (Office of Gen Counsel 11th Jud. Circ., former AAG)
Christian Dunham* 
Kimberly Hillery (Department of Homeland Security)
Yvette Lavelle (private practice)
Andrew McGinley*
Michelle Roth (private practice, former ASA)
Jeffrey Pierce (Assistant United States Attorney)
Patricia Salman (CABA Pro Bono Legal Services)
Alexander Shear (Assistant Public Defender)

*DUAL NOMINATIONS

Two nominees managed to get themselves nominated for both Circuit Court and County Court — no small feat.

Christian Dunham currently serves as an Assistant Federal Public Defender. He began his legal career as an Assistant Public Defender in state court, where he spent six years. Dunham has been a member of the Bar for 27 years, handling both state and federal criminal defense matters.

Andrew McGinley has been a member of The Florida Bar for seven years and currently serves as General Counsel for the Florida Department of Children and Families. Prior to relocating to Florida, he began his legal career in Missouri nine years ago, practicing family law before serving as an Assistant Attorney General in Illinois and later holding several additional legal positions.

BACKGROUND ON Destiny Goede Alvarez:

We previously reported on Destiny Goede Alvarez, who has been a member of The Florida Bar for just over five years, the minimum required to qualify for judicial appointment.

Alvarez earned two degrees from the University of Florida, where she served as President of Florida Blue Key and was later inducted into its Hall of Fame. She is also a member of the Federalist Society.

Her professional experience includes:

Serving as a judicial intern for U.S. Magistrate Judge Amanda Arnold Sansone

Working for one year in the DeSantis Administration at the Florida Department of Transportation

Practicing for two years as an associate at GrayRobinson

Currently serving as a partner at Goede, DeBoest & Cross (the Goede is John Goede)

WHAT HAPPENS NEXT:

Governor DeSantis now has 60 days to select two Circuit Court judges and two County Court judges from the nominees submitted by the JNC.

CAPTAIN OUT .......
Captain4Justice@gmail.com