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

Wednesday, March 08, 2006

TALLAHASSEE PINKS


Rick Freedman writes with important and serious news about Tallahassee and our wonderful legislators:

Rump:

Brian T. points out an important bill in SB 360 that could have a very detrimental effect on all Court Appointed Counsel (CAC) attorneys down the road. There is language in the bill that declares that "the Legislature further finds that not all capital collateral cases are extraordinary or unusual." This language in a frontal attack on the Makemson case. It could eventually trickle down to all cases.

With the opening of the Legislative Session that took place yesterday in Tallahassee, there are other important bills filed that need the attention of all criminal defense lawyers.

In SB 232 (HB187), the bill attempts to make a first refusal in a DUI case a misdemeanor (instead of the second refusal as is now the case). The bill also has language that effectively eliminates all Discovery of Muldowny type material, by specifically limiting what the State is required to make available to the defense during the discovery of the case. If passed, the State would not be required to turn over "manuals, schematics, or software of the instrument used to test the person or any other material that is not in the actual possession of the state. Additionally, full information (what is required to be turned over) does not include information in the possession of the manufacturer of the test instrument."

In SB 538 (HB627), the bill would require all those under a DUI penalty to have a DUI PINK license plate. It would also permit any law enforcement officer the right to stop the vehicle without any probable cause.

There are other bills of importance that you can read online. I am sure that Brian and FACDL will do their best to educate the House and Senate leaders and hopefully to quash some of the more ridiculous parts of some of these bills.

Good luck.


Rumpole notes that Brian T emailed us last night, and notes that he has spent the last two days arguing criminal law with legislators who have never been in a courtroom.


Hmm.. Brian….is that like spending time talking about war with a Vice President who had six deferments?
Or is it like talking about war with a President who went AWOL from the National Guard?
Or is it more like chatting about evidence with a judge who never tried a case as an attorney?

Here is the lesson life teaches us: the people who make the decisions are rarely the ones best qualified to do so.

Further proof God has a sense of humor.
Keep slugging away in Tallahassee, the truth of the matter is that, despite our pokes and prods, we are happy to have you fighting the good fight.


As to Rick Freedman’s news that a further DUI penalty would require the convicted to display pink license plates, we think this might be a good idea. However, we think the law should be extended to require Defense Attorneys who represent Defendants on a second or subsequent DUI arrest to also wear pink suits in court, so as to alert the court and prosecutor the Defendant has a prior. We think this is a good idea, merely because we just keep laughing over the thought of Jim Best in a bright pink suit arguing before a jury.


Curious wants to know:

rumpole, does your wife get on you about your blog life?

Rumpole responds: While we have briefly referenced “she who must be obeyed” we have never said we were married.


Richard Hersch, taking a break from last minute plans to
crack open the intoxilyzer (there should be a special on ABC if you guys win, like when Geraldo opened Al Capone’s safe in Miami Beach.) writes:


Your post got me thinking, Rump, and I need a moment away from the source code (yes, we broke ino CMI in the middle of the night and have had the darn thing for months.) Do I only have ONE friend?Wanted: ...friends. Must be as accepting, charming, intelligent and beautiful as my wife. Must be as engaging, fun, spontaneous and curious as my two incredible daughters (the finest children any parent could have). Must be as challenging and rewarding as my law practice. Uh...Never mind, Rump. You know what I am talking about. We like friends, but who's counting?

Rumpole commiserates: Our favorite President, Abe Lincoln, wrote:
"Common looking people are the best in the world: that is the reason the Lord makes so many of them."

Maybe your problem is that you only want to hang out with the beautiful people on south beach. Some mid-life crisis perhaps?


We note the deafening silence from the local fish wrap on their reporter's startling lack of knowledge of criminal procedure in the article yesterday. Further proof that people who write about the news are rarely the best qualified to report it.


See You In Court: NOT WEARING PINK.

14 comments:

Anonymous said...

Off Topic a bit. I read rumpole's posts about his/her identity very carefully. I think he drops very subtle hints about his identity. Like all people with a secret, he really wants to be caught. However, I also think this might be a collaboration of two people. My problem is I don't know if my top three suspects are even friends. However, here they are:
1) jonathan blecher- I believe the post a week or so ago that said he was seen blogging on his lap top in starbucks.
2) scott fingerhut- will he reveal himself if he becomes a judge?
3) milt hersch- long shot here as there is no way his ego would let him avoid taking credit for this. However, he sure likes to quote shakespeare when in public.

Anonymous, and staying that way

other suspects rarely mentioned:
dan lurvey, eric courtney, and my personal favorite that no one even considers- loudmouth gary rosenberg. former prosecutor, hangs out in the building just enough to keep up with the inside stuff.

Anonymous said...

Here's a question I'd like some feedback on:

Background: A client has a minor criminal record. A few years go by without incident. Because of the client's mental illness, there's a small but real chance she'll have another run-in.

Question: Are there any reasons NOT to seek expungement of the record?

Anonymous said...

You cannot expunge a prior conviction or withhold. You can seal a prior withhold if there are no prior or subsequent adjudications. Both a seal or an expungement allow you to legally deny a prior criminal history with certain exceptions, including a new court case.

Phil Reizenstein
You can email me at Philip@miamicriminallaw.net for further info.
(here comes the crank emails)

Anonymous said...

Here is a Rumpole suspect not mentioned here before: Bruce Lehr.

Note the recent post on Arthur Hearings in Broward County (seems rather personal to me) and then check to see who just went through one of those dog and pony shows this week.

Rumpole has also made references to Janet Reno and several judges not seen for several years, meaning Rump is, shall we say, a more senior member of the defense bar (but someone who is not so senior as to not know how to use a computer).

Finally, there is his intelligence and acerbic wit, which is present in abundance here.

What do you bloggers think? Am I right? Bruce, I think you have been outed!

Anonymous said...

What if Rumpole is actually a "she"?

Anonymous said...

What time are the Muldowney hearings tomorrow?

Anonymous said...

Can anyone confirm that D'Arce was placed on leave?

Anonymous said...

Dirty, dirty, dirty-- on the bench. Don't touch that thang without a glove, dirty.

Anonymous said...

Brian T.,
Is there anything us peons can do to help prevent these stupid laws from passing? Should we be calling our local reps, etc? Is there some other way to lobby against these things?

Anonymous said...

Pink license plates....what a waste of legislative energy . Repreat DUI offenders should just be required to have electronic sensors placed under the skin and be shocked anytime they consume alcohol. Solce the drinking, to heck with the driving. Of course, they could be made to wear pink underwear, too

brian tannebaum said...

As to the serious question about geting involved in the legislative process, yes, contacting legislators still has its benefits. The legislator's staff reports to them daily how many calls came on on what issues. Not that "10 defense lawyers called in opposition to your bill on pink license plates" will win the day, but it may sway a vote or two.

Start by going to www.myfloridahouse.com or www.flsenate.gov to look up the bills you are interested in. It will have the sponsors name. I like emailing legislators best. They read the email.

Contact me off line if you're interested in specifics.

Sorry for the interruption, what were we talking about, perfume? Muldowney. I forget.

Jason Grey said...

Can somebody tell those idiots in talahassee to stop trying to pass a Homless hate crime law? How would anyone know a person is homeless and not just disheveled? what about the homless who are crazy and will say anything about anyone? How about agressive pan-handlers who could extort money ? DO the non-homeless now have to be afraid to defend themselves against wacked out street people?(yes they do commit crimes)
Every time a legislator sees a news story they want to pass a stupid new law . we all feel bad that there are homeless people but come on! How about passing a law that creates housing for the homeless? nah, costs money, and makes sense, it would never work.

Anonymous said...

Housing for the homeless has never been done?? 90% of homeless are crazy, they'll just leave whatever "housing" you give them. And paid for by whom? Give your own private charity to a cause that supports that if you think it makes sense. Why does everyhting have to be about a "law". As if the gov't doesn't do it, it doesn't count.

Anonymous said...

I think you made jason's point. Not everything that is wrong with society has to have a law created to try and fix it.