Captain said that "Hector Lombana is also the campaign treasurer for two County Court campaigns: Judge Steve Leifman..."That might explain why Lombana was urging candidates to jump races and run against Judge Hernandez. It looks like political playback to Juan D'Arce for having fielded Juan Gonzalez against Judge Leifman
Ivan Hernandez Campaign Machine?
Hernandez is the furthest thing from lazy. You obviously haven't been in his courtroom for awhile. As a matter of fact, when he heard that South Dade cases were being sent to MJB, he told the powers that be to send them back. Those calendars were sent to MJB after the previous judges in South Dade complained about having too much work. When Ivan cranks up the calendars in the morning he usually does not get up from the bench until he is finished.To top it all off, he is a campaigning machine, a veteran of a foreign war, a Cuban-American and well qualified for the position that he holds. I'd put his stats up against any other branch Judge in the county!Go Ivan!
A poor beleaguered attorney North of The Border checks in:
being up here north of the border its so amusing to see all the dissatisfaction with the judges in dade. Up here everyone is happy with our judges so we dont have any controversy
New Judges Draw criticism:
A reader complains:
You should see how Norma Lindsey runs her court. She still has no idea what she is doing and NEVER rules for the defense.Boy will she get an opponent and for good reason.Arzola is almost as bad.Why do we get stuck with these new civil lawyers as judges in Criminal court. They can not do the job in a competent manner.They need to be in branch court.Another reader witnessed this train wreck:
On Friday, Judge Lindsey had a pro se motion to dismiss in her courtroom. The state was not prepared, as usual. She denied the motion, even though the case law was on the defendant's side. The state did not present a single case to rebut the defendant's argument. The state kept looking at the defendant's material, since they didn't even have the motion or materials themselves. It's nice to know that our state attorney's office is so well prepared to argue these cases. Maybe Kathy Rundle should look into this herself, since obviously Daisy Rodriguez is not. These new prosecutors need to get off their high horse and learn hot to practice law ethically. This is the real world, not law school. Judge Norma Lindsey needs to go soon, as she has no IDEA what she's doing.
Another reader has this to say:
That pro se defendant in Lindsey's court was denied justice because of the judge's incompetence and her bias in favor of the state. He or she must have left the court with a bad taste in his or her mouth believen that no matter what the case law says, justice is rigged in favor of the State.
Rumpole says: Who is the genius who tells the new Judges “if you don’t know what to do, just look to the State for an answer?”Any of these legal eagles ever hear of the “Rule of Lenity.?”
For you new Judges, we are sure you know what we are talking about, but just in case, here is the rule, as shocking as it may seem to you newbie Judges:
775.021 Rules of construction.
(1) The provisions of this code and offenses defined by other statutes shall be strictly construed; when the language is susceptible of differing constructions, it shall be construed most favorably to the accused.
However, under the Rothenberg Doctrine (TRD) any attorney citing the rule of lenity may be subject to flogging, keelhauling, disbarment, or ridicule by the 3rd DCA.
See you in court citing the rule of lenity.
50 comments:
Wasn't the name of the College in Animal House "Faber College"???
LEGISLATIVE UPDATE:
THE GOOD NEWS:
SB 360/ HB 325
I have reported on this bill several times ... it discusses Court Appointed Counsel in post conviction capital cases. Up until yesterday, the bill included language that stated that "not all capital collateral cases are extraordinary or unusual". An amendment passed yesterday that deleted that language from the bill. (it should be noted that a similar bill going through the House and filed by local Rep. Dan Gelber still includes the language).
THE BAD NEWS:
As reported by Herald Reporter Evan S. Benn, in today's fish wrap, SB 232/ HB 187 is flying through both chambers at the present time. This bill would make a first refusal in a DUI case a Misdemeanor. (presently, only a second and subsequent refusal is a Misdemeanor).
HERALD REPORTER IS A NIM-CUM-POOP
Thank you to Reporter Benn for doing his homework and getting it all wrong.
First, Mr. Benn, why are you running a headline that states that this bill would "force offenders to submit to a breath, blood or urine test or spend a year in jail".
Second, why do you open the article with a statement that suggests that if you "refuse to submit to a breath test ... you'll lose your license for a year but won't face criminal charges".
Third, you went on to state that drivers who refuse to submit to the test on their first offense would not face criminal charges "in the absence of breath test results."
Fourth, you mention that a first time offender, under the new bill, would face up to a year in jail.
HEY BENN .. DO SOME HOMEWORK NEXT TIME BEFORE YOU EXERCISE YOUR FIRST AMENDMENT RIGHT OF FREEDOM OF THE PRESS
Under the present law, Mr. Benn, there are thousands of citizens getting arrested throughout the State of Florida every day and charged with D.U.I., despite the fact that they refused to take a breath test. They are handcuffed, taken to jail, sit in jail for up to 24 hours, have to bond out of jail, hire an attorney, go to court, and more times than not end up pleading guilty to the D.U.I.
When they get convicted, Mr. Benn, the conviction stays on their record for the rest of their life - there is no withhold of adjudication on first time DUI's. They spend up to a year on Probation, will pay close to $1,000 in fines and court costs, additional money to the probation officer for cost of supervision, they will perform 50 hours of community service, their license will be suspended for up to one year, they will be required to go to a DUI school and possible follow-up substance abuse treatment for up to six month at their own expense, their car will be immobilized for 10 days, and they may also be required to install an Ignition Interlock Device at their own expense on their motor vehicle ...
and that's for a first time DUI.
and Mr. Benn, the State Attorneys offices in Miami-Dade and Broward County's take a very hard line on plea bargaining with refusal cases. Their office policy is not to offer a breakdown to Careless Driving just because the person did not blow. To the contrary, they prosecute the refusal cases more aggressively than the breath cases.
and Mr. Benn, the new bill would not cause a first time refusal to go to jail for one year, as you stated. In fact, the bill provides that the penalty for a first time refusal would be "up to six months in jail". A second time refusal would face "up to one year in jail".
Just wanted to get that off my chest.
and the Captain has spoken .....
and to the blogger above; in a blog yesterday, I mentioned that "Farber College" was the name of the mythical school in one of my favorite movies, Animal House.
captain you suck
If one were to "Google" Judge Lindsey one would find that she was the Executive Director of Jeb Bush's specially appointed "Growth Management Study Commission." (I wonder how she got this gig now?). Also, she was a member of the Independent Women's Forum, (www.iwf.org), whose stated mission is to "combat the women-as-victim, pro-big-goverment ideology of radical feminism." Maybe it was this same radical ideology that advocated for women to be judges and lawyers in the earlier part of the last century.
I was there too.
Judge Lindsey did not even understand the argument and just ruled for the state as a knee jerk reaction.
Boy did Jeb do us a favor with her appointment.
Does anyone LIKE the way she runs her court?
I DO, BUT AGAIN I WAS THE ASA WHO HAD NO IDEA HOW TO RESPOND TO THE PRO SE ARGUMENT. WHAT I REALLY FELT LIKE SAYING WAS THAT THE DEFENDANT SHOULD HAVE GONE TO LAW SCHOOL AND THAT WOULD HAVE AVOIDED HIM FROM GETTING ARRESTED IN THE FIRST PLACE. OH WELL, WE WON WITH NORM UP THERE WE WON THE ARGUMENT ANYWAYS.
congratulations to the above poster - absolute dumbest comment ever, in the history of any blog on the planet
RUMP, POST THIS IMMEDIATELY, I JUST GOT OF THE PHONE WITH SOMEONE IN THE KNOW, BELIEVE ME, AND HE JUST TOLD ME THAT A SUBPEONA HAS JUST BEEN ISSUED FOR THIS BLOG SITE. I AM NOT JOKING.
great, cause I really don't care for this blog site anymore.
who is the thin skin loser who feels slighted by the blog?
Norma
Jeb Bush's legacy: Norma,
I think this legacy wis even less noteworthy than that of his GED brother.
lets take up a collection to fight against the sub. im in for $250.00. rump where do i mail you the $?
hey- bush appointed Henry Vidal
Leyte-Vidal could have been appointed by anyone, only Bush would appoint Norma. This is why she is his judicial legacy. And I think she is going to be a one termer like his father and like his brother should have been.
Watchin Judge Lindsey make a decisiogn is about as painful as a rectal exam.
The other day, it took her 30 mins to make a decision on a basic criminal matter. It was so painful that a group of lawyers created a $1.00 bet as to what her decision would be.
When all was said and done, the judge heroically stepped up to the plate and deferred ruling.
I left with $5.00 in my pocket!
When is she up?
to anonymous (10:51:20 pm); both Bush brothers were re-elected and are serving their second terms.
If your still in a betting mood, I bet you $1,000.00 that no one will run against her because we are all a bunch of pussies.
2008
For those of you thinking about mounting campaigns against Lindsey or Arzola, the following County Court judges are up for re-election in 2008:
Rosa Figarola
Jacqueline Schwartz
Nuria Saenz De La Torre
Norma Lindsey
Antonio Arzola
There will also be approximately 34 Circuit Court Judges up for re-election in 2008.
Good Luck .............
Morning to you Captain.
Thanks for the SB 232/ HB 187 update. I am sure your information will help many.
Funny enough, I was wondering if you recall Mike Catalano's DUI of about 2 or 3 years ago. You know, he was is a Captain also. Did he lose his license and what did the Bar do? I never heard what happened in that case. What do you know about this Captain since you seem to know it all?
Isn't he also a Pilot?
I know it's rare in Dade county, but sometimes an accusation and arrest do not a conviction make.
I wonder how many wet behind the ears county court ASA's havent driven after a drink or two to many within the last year???
The scary thing is that most of them don't even realize they are hypocrites.
Rump:
You have asked for an update on Muldowny, a request that could only have resulted from your prescription for Ambien having run out. I have to be a little circumsprct in what I write because it is inappropriate to litigate this matter in a blog or by e-mail. And there is that ugly rumor that many of the judges have computers AND read this Blog. Nonetheless, here is my slightly biased but restrained update.
We concluded the evidentiary portion of this motion yesterday at 7:45 p.m. The state presented Associate Professor Frank Urban from FIU. He testified that he had done an exhaustive study of the three channel processor board of the Intox 5000, the interferent detection system and the mouth alcohol detction system. He spent 60 (!!) hours to do this ($$$)(like twice the amount of $$ any defense expert earned). He opined that you don't need the software source code because the interferent detection is done in the hardware (true) and that the final signal to the CPU was measurable by a voltmeter (never before done). He also testified that a good testing protocol trumps any need for the source code.
On cross it was established that he has actually never seen an Intoxilyzer, does not know what model we use, does not know how many models there are, has never seen a maintenace inspection, is totally unfamiliar with the actual things done in the testing protocol. Further, when asked to explain how the hardware or software generates the messages that can be produced (we ran him through about 8 of the 20 or so), he informed the court that he had not been retained to do that research and is unaware of any other hardware or software functions other than interferent detection or mouth alcohol detection (totally done in the software). It was clear that his knowledge of the machine and software was extrememly limited. However, despite 60 (!!!) hours of study, he had never actually seen a breath card that said mouth alcohol on it and when asked to identify under what circumstance a breath card would read "invalid sample" (that is the mouth alcohol warning, you felony guys) his head exploded and they had to wheel him out.
Okay, his head did not explode. But the cross did cover the extent of his knowledge of the equipment (OR LACK THEREOF!!!!!) The state did not get much bang for the buck with this guy.
Then they came with Laura Barfield, the manager of the FDLE Alcohol Testing Program. She has a remarkable resemblance, in all manners and characteristics, to Katherine Harris. In fact, I have yet to meet anyone who has seen her and Harris in the same room at the same time. Very suspicious.
Anyway, Barfield/Harris testified that FDLE has an adequate testing protocol that is within the accepted statndards of the breath testing community (cops) although not necessarily of the scientific community. The court accepted her as an expert in forensic toxicology which, based upon her actual qualifications, is like high school math teacher being accepted as an expert on quantum physics. But, in fairness to the judges, there was a strong sense of "let's let the evidence in and give it the weight accorded." It will be argued that FDLE has a vested stake in the continued validity of the system as it is due to the nature of their function. No one doubts the insitutional bias in her testimony.
Barfield/Harris is one of those witnesses that you can never go "yard" with, so we played some small ball on cross and it seemd pretty clear that FDLE has reduced the approval and evaluation protections in the past 5 years and is contentto delegate the responsibility of the functioning of the machine to the company and simpy test it annually for validation.
FDLE has no electrical or computer engineers on staff and are loathe to farm this out to an independent for analysis. They could easily require the source code and other software checks by 3d parties if they just change the rules. they won't
And with the conclusion of Barfield/Harris, the hearing was reset to April 19 for argument.
I am not in a position to comment on the judges other than to thank Judges Newman and Slom and their excellent staff for making this run so smoothly. The rest of the judges were tastfully dressed in black and seemed quite attentive (they brought their own coffee maker.)
A couple of additional things you should know. Now that I can take an Intoxilyzer 5000 apart blindfolded, FLDE has retired the 5000 (not cause and effect). The 8000 went online across the state on March 27, 2006. Very different machine and perhaps the subject of another post. However, an in depth look at the 8000 will occur at the FACDL Blood Breath and Tears seminar in Orlando on October 5-6. Likely, Vic Carmody, Hoot Crawford, and Stu Hyman will teach with an actual 8000 being present. Mark your calenders.
Again, before Pat and Deisy get "creizy," this is an exercise of First Amendment rights, mine and your, Rump and I do not seek to influence these judges with this post. I'll be much more direct at the hearing.
BTW, who is this Captain guy because we could really use him in the FACDL work in Tallahassee. I'll keep your secret.
Rump:
Left out a line.
My personal thanks and plenty of it to PD Maggie Arias and MIke Catalano and John Morrison and Theresa Enriquez. They are all great but this could not have been done without Maggie and Mike.
A response to whoever posted this comment. "I DO, BUT AGAIN I WAS THE ASA WHO HAD NO IDEA HOW TO RESPOND TO THE PRO SE ARGUMENT. WHAT I REALLY FELT LIKE SAYING WAS THAT THE DEFENDANT SHOULD HAVE GONE TO LAW SCHOOL AND THAT WOULD HAVE AVOIDED HIM FROM GETTING ARRESTED IN THE FIRST PLACE. OH WELL, WE WON WITH NORM UP THERE WE WON THE ARGUMENT ANYWAYS."
I will say that if you did not know what to respond, you should be the one to go back to lawschool. Don't think you are better than anyone because you are a prosecutor. There are paralegal's out there that make more money that you will in ten years and are smarter than you...DUI clients are not criminals, it's just a bad judgement call, Now tell me how many times, have you driven drunk and/or under the influence of drugs. I bet if the STATE conducted a random drug test on all the employees, half the office would be gone. Don't be a hypocrite, and you guys know who you are. The fact that Judge Lindsey granted the motion does not mean that you won, it means that if appealed, she will get reversed in a heart beat, for not following the law. Judges are suppose to use the law on their rullings, not ignore them.
Last comment: do you really think that an/the ASA wrote that comment you were responding to? This is Jeopardy, not Wheel of Fortune.
Answer: Dumb
Question: What are you?
Thanks Alex.
random drug test at the State? If so, File a bunch of speedies as at least 20% will be fired by Don "I got your back" Horn. Dont consider the random drug tests on defense attorneys as the system will come to a halt.
smoke on brothers....
Don Horn is simply incapable of having even a basic discussion with anyone. He is the stupidest motherfucker in the office, including the idiot receptionists.
Anonymous said...
Don Horn is simply incapable of having even a basic discussion with anyone. He is the stupidest motherfucker in the office, including the idiot receptionists.
That's why he works there and why he has such a high position. He just fits the requirement for the job.
I know alot of defense attorneys who would pass a drug test but, may not pass the FCAT.
I know alot of defense attorneys who would pass a drug test but, may not pass the FCAT.
the question is, can the governor pass a drug test and the FCAT?
Of course the governor could pass a drug test and the FCAT. The cokehead moron is his brother.
I passed the FACT test and failed the HIV test and once got VD in DC, so go figure
I thought Judge Leifman said that JAs cannot campaign. Then why is Laura going to every fundraiser in town and taking names of who is there giving? Hello? Will someone please put her on check? People do not want to donate anymore. Stop scaring us please. I'll buy perfume, it is cheaper.
she's not campaigning, she's making a list for her new mailer - she's adding cologne to her perfume line - then she's partnering with some cheesy mailer attorney, and it will be 500 bucks for a plea and a bottle of your choice.
LAura is great at marketting, and you need know your market and the market makers. Leifman is and will always be a fuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuck head
Rump, please fuck the fuckhead. Not because of the content of his messages but because of the excessive number of u's.
LOL.
Re: the negative comments about Judge Lindsey's handling of a virtually-unopposed pro se motion, where the commentators on the Blog claimed that the law was squarely with the pro se litigant: I wonder why these disapproving lawyers did not advise the court of what the correct law was, when they knew the correct law, the State was apparently unprepared or over its head, and the court did not know. We are "officers of the court," which means that we are supposed to help the court (and the justice system). Why were you all silent until you got to your keyboards? That does not make a lot of sense to me.
so who got passed over if they were the best choice?
Say what you will about Judge Norma, but have you seen her wife!? He is a trophy spouse for sure! Tall, dumb and submissive.
Do inmates have access to this blog? I tell you one thing, if I were in jail right now, and I were reading this, I think I might just cry myself to sleep. I would be thinking, "My goodness, and these people sent me to jail?" Or "That sounded like my defense lawyer!" I would probably wonder why I got tested every month on probation but officers of the court smoke every day, and toke every day! Then they bust out the prison rules and get midevil on each other (verbally, which is different than prison). I would definitely be sad, sad.
Has anyone seen the new times last week. Juan gonzalez 69% steve leifman 31%. I saw the truck go by the courthouse and now the new times. Juan Gonzalez has balls and thats more than leifman has. Go Juan.
Has anyone seen the new times last week. Juan gonzalez 69% steve leifman 31%. I saw the truck go by the courthouse and now the new times. Juan Gonzalez has balls and thats more than leifman has. Go Juan.
Has anyone seen the new times last week. Juan gonzalez 69% steve leifman 31%. I saw the truck go by the courthouse and now the new times. Juan Gonzalez has balls and thats more than leifman has. Go Juan.
juan is a turd. has he ever tried a case in the justice building? if so when and before which judge? and bench trials do not count!
never let this man or any hispanish become a leader,they will abuse the system...in the bottom line ,in this man inner core of his body,its not what its seem as a leader...he will hide the truth for justice
this man is like a donkey walk across the street without looking both way...17 yrs in law enforcement is a wast of State Florida funding and tax payer...he still a prejudice no matter what anyone deceiving lies which in favor of him...look deep inside his soul and you will see...
justice and wright and wrong is not in this man head or judging...including his fellow attorney who's decieving and lies in the court of law raised there right hand up...never let this man as a leader he will distroyed this country and not fight for what wright
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