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