THE CAPTAIN PRESENTS: THE REVERSAL OF THE WEEK (c)
Let's start a new feature on the blog: The Reversal of the Week.
Once a week, we will highlight an appellate court case from the 3rd DCA where one of our fine jurists and their decision was sent packing back to the REGJB.
Why not start with the judge that is by far the favorite among those to criticize on this blog, none other than Judge David "Maximum" Miller (also voted the best State Attorney in a Rump poll)?
On March 22, 2006, the 3rd DCA decided Bauder v. State, 31 FLW d858.
The panel included Cope, Ramirez and Rothenberg.
The defendant was instructed by Judge Miller to sit in the box because of a possible outstanding warrant. At some point, it appears that the defendant decided he had better things to do, so he walked out of the courtroom, out of the courthouse and across the street to the parking lot. Judge Miller's bailiff ran after him, detained him and brought him back to the courtroom.
Judge Miller immediately held the defendant in contempt and sentenced him to six months in jail. [Rumpole. notes, bailiffs don't get paid enough to risk their lives, plus, most of them do not have formal law enforcement training.]
Only one problem; Judge Miller forgot to hold a hearing. [Rumpole notes that legally, this is called the WOOPS doctrine]
As the 3rd DCA opinion reads:
"Florida Rule of Criminal Procedure 3.830 allows for a finding of direct criminal contempt when the court sees or hears the conduct constituting the contempt. Pursuant to the rule, however, prior to a finding of contempt or the imposition of a sentence, the accused must be informed of the charges against him, be permitted to provide good cause why he should not be held in contempt of court, and be given an opportunity to offer any mitigation of his conduct. As the trial court summarily found Mr. Bauder in direct criminal contempt and sentenced him without complying with the rule, the judgment and sentence must be reversed."
By the way, you'll love the argument made by the government's attorney to support Judge Miller: The AAG, after filing for several extensions of time to file her answer brief, argued that the appeal was moot because the defendant, (by now), had already done the six months.
The 3rd DCA decided that it was their responsibility to remind Judge Miller, that wearing a robe and holding a gavel, does not mean you get to forget the rules. keep watching this blog for our weekly Gong Show segment called "Hook of the Week".
Captain out .....................
Rumpole loves being able to count on the Captain while suffering from bloggers block. Great post.
Stay tuned, as next week the Captain chooses from the judge who incarcerated the defendant after being found not guilty; the Judge who ruled that Miranda was a jury question; and the Judge who tackled the defense attorney during closing argument.
See You In Court.
When you see something that is not right, not fair, find a way to get in the way and cause trouble. Congressman John Lewis
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25 comments:
How much money and campaigning do you all think will take to unseat Miller? By a Hispanic woman? By a Hispanic man? By a Black woman? By a Black man? By a Jewish woman? By a Jewish man? By a WASP woman? By a WASP man? Just thinking about fielding a candidate by Friday...
wasp man - $400,000
hispanic woman - $2,500, plus the filing fee
Dear Sir:
A wasp man would not win. No black candidate could win. It's an off year. Blacks only come out to vote against the Bush family. A hispanic male or woman could win. The man would need 150k. The woman would need at least 100K. These numbers are for a sure win.
Linda Lopez should run against him.
Linda Lopez is a really nice woman.
Easy on the eyes too.
Linda Lopez would beat Miller if she could raise the money. Ever since Miller gave that lady thirty for vehicular homicide, not dui homicde but for running a red light and speeding, I have questioned his juggement as a jurist. Then he was quoted as saying, "that after considerable soul searching..." (with his wife no less), he thought 30 years was just. Yo.
2 things: It is (was) my understanding if a Judge files contempt charges against an individual, they have three hours to get an attorney and formulate a defense to the allegations. Can anyone clarify?
As to the Judicial election: Does an unconnected, white Irish male with 5 years crim def experience (all dade county)have ANY shot of winning ANY election? (I assume the odds will decrese if he ran a clean and honest campaign?).
Serious responses will be appreciated. (along with the usual douche bag and you are a turn comments).
peace out...
THE IRISH USUALLY HAVE DUIS IN THEIR HISTORY, SO YOU WILL BE SINGLED OUT AND RETROACTIVELY GIVEN THE DEATH PENALTY BY MILLER. TRY ANOTHER RACE IS MY ADVICE.
The defense bar ought to get together, select a candidate to back, and get Miller out. Even if unsuccesful, such a campaign will put the fear of defense lawyers in Miller's heart.
Julio Perez is a great guy? Are you kidding me. The problem with Julio is that he is in bed with many bondsman/women and, though this is his business, I can't respect that. Julio, we all have families and you should remember that all your clients, and I mean all, could have been evenly distributed to other attorneys in the criminal bar. Respect this the next time you're paying out a third to some low-life bondsman.
Don't ruin our business.
He'd learn to be a fair judge even if only to avoid another challenger in 2012.
I love how "everyone" knows who the lawyers and bondsmen are that are on the take, but no one does anything about it. I think the reason is that the only people who actually know details are also on the take.
I say be specific about what and how you know, or shut up.
Strangely enough, by the way, Miller ain't bad in civil. Been in front of him a fair amount over there and he's ok. He may suck big time at the REGJB but so far he's fine at the DCC.
At david miller's celebration party this friday night, he should offer free booze to those that commented here about running against him - he knows those people need an extra drink or two as they begin to realize that they're all just a bunch of talk.
I have read the comments on this blog about Judge David Miller with some amount of curiosity.
I handled a DUI Manslaughter before him a few years ago. The State's case was a mess and the blood evidence highly suspect.
After filing a 50+ page motion to suppress the blood test results, with a courtesy copy to Judge Miller, he pulled the ASA aside and made it clear that the allegations in the motion, if true, would put serious doubt into the viability of the case. The case eventually worked itself out to a lesser offense with a withhold and no jail.
My point: it may have been only a single case that I had before him but he (and the ASA) evaluated it fairly and ended up doing the right thing without the usual dog-and-pony show that the State (and Judge) usually makes us go through even when they know a motion is well taken.
For what its worth, Miller was as good as I could have ever hoped for.
assesing a judge based on one case is not fair - either way - good or bad. Sometimes great judges do terrible things, and vice versa.
The fact is that when there is an overwhelming feeling that a judge is not fair, or has no respect for the process in which he/she oversees, or the people, lawyers and defendants who participate in it - they should fight for their job and not get an easy pass.
Judge Miller shit canned a murder case that David Rank was prosecuting where Stuart Edelstien was the defense attorney. I watched part of the trial and as a defense minded individual, I liked what I saw out of Miller.
Rumpy, can we get more information on Julie Kay sitting in jail for being a BITCH Reporter?
Miller is a Real man. He doesn't care for people who prey on the weak,Or who deal poison. If you can show him your client is innocent, or justified in his actions he will stand up for you without regaurd to politics.
Miller cares about what the Herald thinks about his rulings, and has said so on the record.
Miller hates blacks, he hates me and I am black, so he hates blacks
Miller is an asshole and should not be praised because he was fair once a few years ago.
When you have an overwhelming reputation like he does, one has to wonder...
certainly a reputation such as ASA Miller's is earned over time. i bet he likes it, though.
what about ASA echarte- he and Miller are now friends- so much in common- screwing the defense and holding people in contempt. the kings have gone to civil...Yahoo good riddance. hope you both burn in this election
Echarte held an Asian female attorney in contempt and sentenced her to 6 mos probation because she was rude to him on the phone!
What an asshole.
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