JUSTICE BUILDING BLOG

WELCOME TO THE OFFICIAL RICHARD E GERSTEIN JUSTICE BUILDING BLOG. THIS BLOG IS DEDICATED TO JUSTICE BUILDING RUMOR, HUMOR, AND A DISCUSSION ABOUT AND BETWEEN THE JUDGES, LAWYERS AND THE DEDICATED SUPPORT STAFF, CLERKS, COURT REPORTERS, AND CORRECTIONAL OFFICERS WHO LABOR IN THE WORLD OF MIAMI'S CRIMINAL JUSTICE. POST YOUR COMMENTS, OR SEND RUMPOLE A PRIVATE EMAIL AT HOWARDROARK21@GMAIL.COM. Winner of the prestigious Cushing Left Anterior Descending Artery Award.

Monday, March 18, 2024

HAPPY GIDEON DAY

 In the summer of 1961, Clarence Earl Gideon faced a criminal trial in a state court in  Florida, on charges that he broke into a poolroom and stole coins from a cigarette machine. He asserted his innocence and requested a lawyer. That request was denied because, at the time, there was no right to a court-appointed lawyer barring certain special circumstances. Gideon cross- examined the state’s witnesses himself, without knowing the complexities of the criminal procedure law. He was basically a lifelong drifter at the age of 51, with an eighth-grade education. He was found guilty and sentenced to five years in prison.

Writing from his prison cell in Florida, he sent a handwritten petition to the United States Supreme Court arguing that the Constitution does not allow poor people to be convicted and sent to prison without legal representation. The time was finally right for this argument.


On March 18, 1963, Justice Hugo Black, writing for a unanimous Court, stated: “….reason and reflection require us to recognize that in our adversary system of criminal justice, any person haled into court, who is too poor to hire a lawyer, cannot be assured a fair trial unless counsel is provided for him. This seems to us an obvious truth….” and this right “may not be deemed fundamental and essential to fair trials in some countries, but it is in ours.”

It is time for Gideon to be overruled. The words of Justice Black clearly indicate that the court applied "reason and reflection" and not the original text of the constitution. In re-reading the constitution we can find NO MENTION of public defenders, much less regional counsel and court appointed lawyers. If states want criminal defendants to have free counsel that should be left to state legislatures to enact such laws if their citizens want them. And we are sure the public will rally around paying taxes for free lawyers for criminals. Gideon is nothing more than activist judges imposing their will on what they think is good for society and that is an anathema to the right. 

So let's hear all of our DeSantis judges make a speech today against Gideon v. Wainwright and decry the public defender system. Show your true colors. In for a penny in for a pound.  As much as Roe was poorly written, the same analysis can be applied to Gideon- so DeSantis judges, time to stand up and show your true Federalist colors. Don't make any PD or RC3 appointments today. Write an order, and the next seat on the Supreme Court may be yours, as will a prime spot on Fox TV. 

Friday, March 15, 2024

REVENGE OF THE JEDI ii

 FACDL entered the MVZ/ SAO/ KFR/ LSMFT affray. 

Do you think ...

1) The SAO has a culture that not just tolerated the underhanded actions of MVZ and his minions, but encouraged and applauded them? 

2) That the State Attorney wants real change or just to sweep this under the rug. 

3) Do you think ALL of the cases that MVZ and his gang prosecuted and obtained convictions on should be reviewed? And if so, by whom? 

4) Who do you think the Dolphins should draft in the first round? We like the center from Oregon Jackson Powers-Johnson (JPJ) but he might be available in the second round. 



FACDL-Miami's Demand for Reform by Anonymous PbHV4H on Scribd

Wednesday, March 06, 2024

LYING LIARS

UPDATE: THE EMPIRE STRIKES BACK (SORT OF)

In certain cultures they call this a mea culpa



UPDATE   MVZ RESIGNED TODAY Color us as : TOO LITTLE TOO LATE  

 A BOMBSHELL order rocked the REGJB Wednesday as Judge Wolfson found that the Dade County State Attorney's Office and ASA's Michael Von Zamft and Stephen Mitchell engaged in what we are calling a perversion of justice, witness tampering, disingenuous arguments to the Court, and general skullduggery that may warrant significant Bar sanctions in a death penalty case. 

What outraged Judge Wolfson- rightfully so- was the attempted coverup as the prosecutors continually argued that the defense was NOT entitled to an evidentiary hearing on the allegations- allegations that were proven well beyond a reasonable doubt. For example Mr. Von Zamft, recorded on a jail call, telling a witness that if another witness did not want to testify as he wanted, he would "arrange" for her to be unavailable and just read her prior testimony. This stuff may well be criminal. 

Word to our robed readers- when will you stop agreeing with prosecutors that defense motions do not need an evidentiary hearing? When will you start wondering what they are hiding? 

Add to the wrongdoing detailed in the order, add to the obstruction of justice as to witnesses testifying additional evidence of prosecutors getting witnesses to meet at the City of Miami Police Department to review their discovery and coordinate their testimony- along with certain "favors" the police provided (use your imagination- it's worse than you can conjure up) and what we have is a bombshell of an order and conduct that shocks the conscience of the blog. And we are not easily shocked  

And after you read it, think about this- If Mssrs. Mitchell and Von Zamft did this in this case- in which they were caught red handed-  what have they done in OTHER CASES in which they got away with their perversion of the criminal justice system? 

Maybe just maybe this will open some judges' minds if not their eyes. 

Bombshell Order by Anonymous PbHV4H on Scribd

Tuesday, March 05, 2024

ORIGINAL INTENT

 A thought occurred to us worthy of discussion. 

The authors of the Fourteenth Amendment, those holy men whose intent must be devised and divined from the historical clues they left us, wrote Section 3 of the Fourteenth Amendment to make ineligible from holding office anyone who engaged in insurrection against the United States. 

The current group of five of six conservative justices on the Supreme Court [hereinafter Gang of 5 to 6] wrote that article three cannot be applied until Congress enacts laws to explain how section three should be applied. In other words, section 3 of the Fourteenth Amendment was meaningless when written, and will continue to be meaningless until Congress enacts additional legislation. The section is not self-executing and cannot be used until Congress does more. 

Is there any other part of the Constitution that was meaningless upon ratification without more from Congress? 

The Gang of 5-6 decide nothing that is not consistent with original intent. Thus, the Gang of 5-6 are saying that those who wrote section 3, and the States that ratified it as an amendment to the Constitution, all agreed that they were enacting a meaningless section without further action. 

Interesting that for the first and only time, the Supreme Court has devised and divined that the framers of a part of the Constitution wrote something that they did not intend to be effective without more. 

Hmmmm......

Monday, March 04, 2024

SUPREME COURT TO COLORADO " DROP DEAD"

 The US Supreme Court (Motto "Wait, there are two political parties???" ) reversed the Colorado Supreme Court today and held that only that bastion of efficiency and decency and political moderation admired by the rest of the world - The US Congress - can remove President Trump from the ballot for being an insurrectionist and trying to overthrow the Presidential election results that were jiggered by Venezuelan Hackers in 2020. 

So much for "States rights" and returning the power to the States. That's all well and good unless your Republican rearend is gored by a Democratic Ox- then it's "well just hoooold on a second there cowboy...the states don't have any idea how to run things. Y'all need Congressional oversight on these matters." 

Here's the opinion and the (not) funny part is how a Trump judge tries to tell everyone that all nine members of the Court agreed, and the three judges with a brain huddled in a corner for comfort replied that the decision was not as unanimous as it might first appear. 



Trump by Anonymous PbHV4H on Scribd

Saturday, March 02, 2024

THE STORY OF RAY DAVIS

 If you want an inspiring and uplifting story then click the link and read about Ray Davis, a remarkable young man who is about to get drafted into the NFL. 

Both parents in prison, he missed school to care for his younger siblings.  He never stopped believing in himself and eventually, with a little help from some angels in his life, he's on the verge of being drafted into the NFL.  If it was up to us- based on character- he would be selected number one. 

Even someone as grouchy as we are teared up at the court hearing that is reported in the story. We are not going to spoil it- it's a small part of a remarkable story. 

Sometimes, the good-guys win.  The story is in the Athletic, which is what took over for the NY Times when they disbanded their sports department. We didn't think it would work, but actually the Athletic does a fine job. 

Click on the link and enjoy: Ray Davis. 

Tuesday, February 27, 2024

JUDGE HENDON HAS PASSED AWAY

 This is breaking news that we learned of this morning (Tuesday). We will update as we receive more information. This is both unexpected and terribly sad. Judge Hendon was amongst the best we in Miami-Dade had for the bench. His most recent appointment was the Third DCA. 


From: Judge Thomas Logue, Chief
Sent: Tuesday, February 27, 2024 9:45 AM
Subject: Passing of the Honorable Eric William Hendon

 

Dear Court Family:

 

With a great sense of loss, I share with you that our colleague and brother, the Honorable Eric William Hendon, died last night at Baptist Hospital. He passed in comfort and love surrounded by his wife, Diane Kennedy Hendon, his son, Lt. Col. James Hendon, and his brother, Dr. Marvin Hendon.

 

Judge Hendon brought to this court decades of experience as a trial lawyer, appellate advocate, and trial judge, as well as kindness, humor, and good fellowship. He relished his work as an appellate judge and spoke with pride and appreciation of the talent and effort of all the members of the court family.

 

Judge Hendon lived a great life, overcoming much and achieving much. He was something of a child prodigy in music and education. He loved classical music, expensive cars, and traveling to virtually every corner of the world with his wife, Diane. His presence will be sorely missed. Please join me in keeping him and his family in your thoughts and prayers.

 

Sincerely,

 

Thomas Logue,

Chief Judge, Third District Court of Appeal of Florida,