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. THIS BLOG HAS BEEN CALLED "THE DEFINITIVE BLOG ON MIAMI CRIMINAL LAW" BY THE NY TIMES, THE WASHINGTON POST, THE POPE, AND DONALD TRUMP WHO ALSO ONCE SAID IT WAS "REALLY GREAT". POST YOUR COMMENTS, OR SEND RUMPOLE A PRIVATE EMAIL AT HOWARDROARK21@GMAIL.COM

Monday, March 06, 2006

MULDOWNEY SHOWDOWN

Tension builds…the world awaits the clash of the titans.

Anonymous is a fan of Judge Newman:

Judge Newman is a perfect Judge to decide the issue. He has as much courage as any county court judge and will not be dazzled by the name Hirsch. He doesn't take sh** from people like Fat Ed, Fat Jim or Slick Dick...Bobby R. (who should be mentioned because the other DUI kings are mentioned) don't pull no sh** (like...I need a continuance because the State didn't spell Officer Davenport's name correct and I was prejudiced) and is willing to try a case. "Mitch! Bring down a panel!". I would love to see what the rate of pleas for those guys are in Judge Newman's court.You all also make a big mistake to think Judge Newman anything other than intelligent.


Rumpole responds: Judge Newman is a gentleman and the consensus from people who have tried cases in front of him is that he gives a very very fair trial. What more could you want in a Judge?


MULDOWNEY ODDS:

Anonymous, sent us an email without posting. (You knew you could do that, right? It’s on the blog. Just email
howardroark21@gmail.com and we get it without anyone else seeing it.)

ODDS ON STATE WINNING: 3-2. The Prosecution is the odds on favorite to win the motion. You will have to bet 3 dollars to win 2.

ODDS ON ALL JUDGES REMAINING THROUGHOUT THE ENTIRE HEARING: 6-1. There are a whole bunch of salon/nail appointments set on Thursday afternoons, not to mention child care, Oprah, etc. Rumpole notes- the moment one judge walks off the bench, anyone taking this bet loses.

ODDS ON A MEMBER OF THE DEFENSE BEING HELD IN CONTEMPT: 60-1 They’re all pros.

ODDS ON ONE SIDE ASKING FOR A DELAY AT THE HEARING: 2-1. This usually occurs no matter what.

ODDS ON RICHARD HERSCH HAVING A SENIOR MOMENT: Off the board- no odds, we just like to have a little fun at Mr. Hersch’s expense.

Rumpole Update: As per insider Michael Catalano, who was good enough to email us a road map, Mr. Hersch is the brains of this operation, and has been ably assisted by young Assistant Public Defender Maggie Arias who has logged in the extra hours to make it all work. Bennett Brummer should be proud of her. According to Catalano, the various counties have all decided this issue differently, which means that we can all be expecting to eventually see 3rd DCA Judge Rothenberg’s decision denying the defense’s motion appealed to the Supreme Court.

As we understand the technical side of the motion, the defense contends that once the machine is opened and examined, it will be revealed that the intoxilyzer is governed by a Magic 8 Ball that when breath passes through the machine, is rocked, and the corresponding result [”probably drunk”, for example] is then translated into a random number between 0.00 and 0.30.

Good Luck Guys.

See You In Court.

18 comments:

Anonymous said...

Back in the day, we only had 2 kinds of memory. RAM (Random Access Memory) and ROM (Read Only Memory). A typical computer chip soldered into a board was coded with ROM which meant that the information in it couldn't be changed. If there was a bug, you had a big problem, Houston. RAM couldn't serve the purpose of ROM, because its used more to store memory for operations that are carried out by a processor, not as a primary source for specific instructions that are needed for the board.

Nowadays they got these new fangled EPROMs (Eraseable Programmable ROM) that allows people to clear contents and reprogram chips. Then a defense expert comes along and says, "They must have tampered with the Intoxilyzer's ERPOMs!" And there you have... a half arguable reason for discovery.

And they say older isn't better.

Anonymous said...

In a previous thread, someone asked if there was a double standard between sexuality and how we view men and women attorney. The answer is obviously yes.

What is expected male dress in your office for someone heading to court? Black shoes, long-pants, long sleeve shirt, tie and coat.

What is the expected female attorney's dress in your office? Heels, knee-length skirts, short-sleeve blouse, (top few buttons undone), and, at a bare minimum, lipstick.

The point is...even when they're Harvard educated, legal pirahanna, the ladies like to advertise their goods.

Anonymous said...

The case is actually spelled Muldowny, 871 So.2d 911 (Fla. 5th DCA 2004).

Anonymous said...

What are the odds that the judges have not already decided that they would never make any decision that would cause 400 DUI cases to be dismissed?

Hersch said...

Hey, I was having a senior moment and logged on to this electronic rag. First, it is spelled HERSCH, moron. Second, you can expect that Judge Newman will be the gentleman that he always is. Having recently tried a case in his division, I think that he gives prety good latitude on introduction of evidence. In light of the subjct matter presented in these source code issues, it is likely that there will be a pertty open presentation, notwithstanding the objection that the state will have to everything.

Now, as for my "senior moments" I know that is you Tannebaum and if you can get permission from your mom, I will meet you at the bike racks and kick your ass.

Hersch spells like a retard said...

Its spelled p-r-e-t-t-y, moron.

Anonymous said...

Maybe I am not a moron, but just dyslexic and Hispanic and forgot to translate the “i” to an “e”. Or, maybe I let my membership in the Hersch fan club expire and simply forgot. Or, maybe I was confusing the “H with an e” with the truly great “H with an i”?

Anonymous said...

Mike Catalano here...

I never said anything about Judge Rothenberg.... I get along very well with her. When she was a circuit court judge, she gave me two very fair trials.... One was a not guilty so, she limited the punhishment on that one... the other was a misd... 364... maybe he had it coming for stroking his you know what in front of a 9 year old girl at a bus bench....

I personally think the Florida Supremes will eventually break all the "muldowny" ties.

Anonymous said...

In whose favor, Mike?

Anonymous said...

Oh, please comment Mike so the State can put it in It's brief.

Anonymous said...

"Its" [Its'??] brief...moron (just to save you the trouble Richard "I'll call you a moron if you mispell my name" Hersch)

Anonymous said...

No matter the outcome of the Muldowny challenge, Maggie, Michael & Richard deserve much credit for the tremendous time and effort they have put into this effort to show why "police science" is an oxymoron when it comes to Florida DUI prosecutions. Regardless of the results (and I am confident thet will ultimately be victorious), they all deserve credit for taking up the torch for the defense bar.

Anonymous said...

Tannanbaum can beat your ass Mr. Hersch.

Anonymous said...

Newman is a GREAT judge.

Anonymous said...

I think Hersch would do a # on ole Tannanberger.

Judge Diaz said...

The best new judge is Leban KIng.

Anonymous said...

Leban? get real. typical ex defense atty who becomes pro-state on the bench so he doesnt look soft. sit in his court for a while, and listen to his logic.

Anonymous said...

Here is the most interesting part of the case you posted.

Supreme Court of Puerto Rico.
Angel Luis García, Carmen García et al., Plaintiffs and respondents
v.
World Wide Entertainment Co., Darrin McGillis, Defendants and petitioners
No. CE-92-126
San Juan, Puerto Rico, December 24, 1992


"The plaintiffs alleged that both contracts were void because they were contrary to law, morals and public policy. As second cause of action, plaintiffs alleged that defendants (McGillis and boyfriend) had physically abused and sexually harassed the minor, for which they sought damages."