THE CAPTAIN’S SECOND REVERSAL OF THE WEEK©
AKA "What Circuit Judge got the hook this week?"
Today we highlight the case of Martinez v. State, 31 FLW d1231, decided by the 3rd DCA on May 3, 2006. This was a Writ of Mandamus. The trial court Judge was Victoria Sigler.
Daniel Martinez was charged with possession of cocaine and possession of marijuana. His attorney filed a standard Notice of Appearance and Written Plea of Not Guilty. He also filed, pursuant to FRCrP 3.180(a)(3) and 3.220(p)(1) a Written Waiver of Appearance. At the Arraignment, Judge Sigler ordered counsel and his client to appear at a Report Re Plea hearing. On the Report date, counsel appeared, but his client did not. The attorney advised the judge that he had previously filed a written waiver thereby excusing his client from appearing at pretrial conferences. Judge Sigler refused to honor the written waiver and issued a Capias and Estreated the bond.The panel of Ramirez, Suarez, and Cortinas, reversed Judge Sigler. They found that Judge Sigler's refusal to accept the written waiver contravened the FRCrP cited. "While the trial court can require the defendant's appearance in court, notwithstanding a waiver, if there is good reason to do so, here there was nothing in the record indicating that Judge Sigler had good cause to require defendant's appearance notwithstanding his waiver."
REVERSAL #2:Did Judges' Miller & Adrien attend the same law school:
I couldn't help but also mention the case of Hibbert v. State, 31 FLW d1343, a 3rd DCA case. Apparently Judge Miller isn't the only one who forgot to read the rules on Contempt. Here Judge Peter Adrien held Mr. Hibbert in Direct Criminal Contempt; but, contrary to the requirements of FRCrP 3.830, the Judge forgot to permit the defendant the opportunity to present evidence of mitigating circumstances or to address to the judge why he should not impose a particular sentence.
CAPTAIN OUT ....................
A batch of private emails from a prominent attorney to Governor Bush “fell” into our hands when the attorney left them by mistake in Au Bon Pain.
May 12,2006.
TO: Governor Bush (Jeb.Bush.myflorida.notmybrotherskeeper.com)
From: Gottabeajudge.net
Dear Governor Bush:
Just a quick note to let you know that Judge Israel Reyes (Izzy to his friends) would be a great pick for the 3rd DCA. If you need more information, let me know.
Signed,
Gottabeajudgeagain.
May14,2006.
TO Jeb.Bush.rightwingersrule.com
From: Reallyreallywanttogetarobeagain.net
Dear Jeb:
Haven’t heard from you yet on our man Izzy. Hopefully everything is on track. Just doing my part as a good citizen. Izzy would be great on the 3rd.
Signed,
‘You are my only hope”
May 15, 2006.
To: Jeb.Bush.sevenmonthsandcounting.com
From: Sleepless In Miami
Jeb: I still haven’t heard from you. It’s 2am and I can’t sleep. Let me be honest. While Izzy would be great and all, the real issue is me. If you appoint Izzy to the 3rd, well, lets just say you would make my day, my 2006, 2007, 2008, 2009, 2010, 2010, 2011, and 2012.
Signed,
Sleepless in Miami.
May 16, 2006
To: Governor Bush@whowantstobe presidentin2008?.net
From: Getting angry
Dear Mr. Bush: perhaps I was a bit too forward with the Jeb thing. But this is getting serious. People really are getting angry at me, and if you don’t appoint Izzy to the 3rd and open that circuit seat for me, why…I’ll just hold my breath until you email me back.
Signed,
Turning blue.
May 16, 2006
To: Jeb Bush@governorbisgshot.net
From: Turningblue.com
Hey! Who do I look like, David Blane? Answer the damn emails. Quick!
Signed,
Getting real blue.
May 16, 2006.
To: Jeb Bush@packingthecourtisfun.net
From: I give up.com
Dear Governor Bush: Ok, maybe the holding the breath thing is a bit childish, especially for someone who wants the power to fry those crooks (we still use ol’sparky right?). However, you are really my last hope. I can’t win an election, people are throwing paperclips and staples at me in court, my own dog peed on my leg last night, and if you don’t elevate Izzy to the third and give me that circuit seat, why, I will….ok ok.. Just hold on. I promised no more threats.
Please please please give Izzy that seat on the 3rd DCA.
Is begging OK?
How about a nice shoe shine? Shine em up, right here. Every day I’m on the bench. Whatever you want, I’m game.
I am reduced to a quivering quaking former shell of a judge. Just please give me another chance.
Signed,
Reformed and desperate in Miami.
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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33 comments:
Does this desperate to be a judge guy think any of us will have respect for him once he puts on a robe?
he doesnt care, trust me
Peter Adrien and David Maximum Miller - nice job yer honors'. Maybe they could move Adrien to Probate Court
Dear Jeb,
I promise to vote for you in the 2012 presidential election if you DONT put Izzy Reyes on the DCA. Nothing against Izzy, but the thought of Swartz back on the bench sickens me and every other attorney in South Florida. Plus, Hector Lombana of the JNC asked another candidate (mother of twins) if she could handle being a mother and be on the DCA. This is very sexist and inappropriate. I'm sure you dont want to be associated with this sexist pig and will give her the DCA spot. Give Izzy another spot on the DCA or have your brother put him on the US Supreme Court.
Thank you.
Jeb in 2012.
Hey Captain
Miller gets reversed - transferred to Civil
Sigler gets reversed - transferred to Civil
Adrien gets reversed - ????
are you trying to suggest a pattern???
The word is out.
Izzy is great. He would be great at the DCA but, PLEEEEESSSSEEEE... do not appoint him just to make sure Jeff Swartz is NOT BACK in court.
PLEEESSSSEEEE Mr. Governor do not do it.
his wife, mercedes needs some more income. jeff cant make it in private practice, so let him drink from the public trough once again.
I remember once as a young PD I was
in division with Swartz when one day he made another of his frequent bone headed decisions.
I ended up totally disrespecting him in open court, and when an older private attorney said to me "hey you shouldn't treat him like that", I replied "you aren't
in front of this guy everyday to
see how he treats people, I really
don't care what he thinks."
Bottom line is the guy can be downright abusive as a judge and the people of Dade county have a lot better candidates than him, but
the problem is that these freakin people are elected. Herein lies the issue which needs to be addressed.
He subbed for Silverman at felony trial with me one time and gave us a great trial and seemed like a good judge. Maybe you all are just shit lawyers .
Dear Wednesday, May 17, 2006 6:49:07 PM :
While it is true that at one time Mr. Swartz was wed to the beautiful and ravishing Mercedes Bach even she could not put up with him for that long. They are and have been divorced for some time now. The taint has, by now, evaporated. He on the other hand is and will be marked with the scarlet A. No, not for adultry (although that too is true), but for A-HOLE!!!
MISTRUST THOSE IN POWER!!!
Dear Wednesday, May 17, 2006 7:56:53 PM:
While it may be true that I am a "shit" lawyer, one trial does not a judge make. Hey, even a stopped clock is right twice a day. Since, as you so eloquently put it, I am an expert in excrement I can certainly recognize mierda when I see it. Whenever, I see Jeff "Backdoor" Swartz I need a whole roll of T.P
those of you smart enough to know that the jebster does not read the blog can put your money where your mouth is on Swartz and write him at jeb.bush@myflorida.com
He reads his email, will he read yours, or just your anonymous bullshit on the blog
Bach is Gorgeous !
To the anonymously brave PD. I was a prosecutor in Swartz's courtroom. What you did not like is what so many like you did not like, not only was his courtroom well run, but he was almost always right. I did not like some of his rulings either, but I knew he was right. If he was so wrong all the time, please tell us when you ever got him reversed. Oops, that never happened.
If you are who I think you are then you should know that you are personally known by most judges and prosecutors as being nasty, arrogant, confrontational, deceptive and incredibly self-righteous. You hurt your clients in so many ways you can not imagine.
As I said in defense of Judge Brownwyne Miller, (in another area of this blog) if you think any of the judges you criticize on this blog are so bad, why don't you run against them in the open?
Judge Swartz chimes in.
Open letter to the SAO
Can you please put a directory of your ASAs and division phone extensions on the web. I send tons of correspondence and faxes to your ASAs and it is a major hassle to call the main number, get transferred to the division just to ask what the freaking fax number is. And that is if you even get through the busy signals or the fact that most secretaries leave by 5 pm.
Another pain is having to call to see who the new C prosecutor is every week. It just seems ridiculous that your secretaries should have to waste time talking to us like we're dialing 411. Just take the same listing you put outside of the doors to the SAO floor entrances and throw it on the web. There's no classified information on there. The judges have all thier numbers listed on the web.
APD's abusing judges? You mean that actually happens? (Much sarcasm there.)
That seems to be the one difference between APD's and private defense attorneys. APD's are quick to give a judge a piece of their mind about rulings whereas privates may vehemently disagree but they handle it with more dignity and pursue other channels.
I'm guessing somehow that must be due to one being a businessperson and the other trying to be advocate of the year...
Your blog reeks of desperation more than the judicial bid. Tyhere's a stark difference between actually funny and attempted funny, and you are wallowing in the latter.
I think the BLOG is great. Open forum to express ourselves, laugh a little and keep informed as to all the going-ons of the bldg.
long live the blog
Hey, I don't want a PD. I want a real lawyer
i am surprised that mercedes would marry such a loser. but i am glad she came to her senses and dumped him.but this fool may have the last laugh. why didnt someone else see this coming?
Farina is a weenie with no cajones....Jeff Swartz is a jerk with large cajones....Larry Schwartz is a nasty with little cajones
To the 11:35:05 poster: "cajones" means big boxes.
Dear blog master;
The Third DCA withdrew the opinion in Daniel Martinez, on May 10 2006. The parties were required to file supplemental briefs. Specifically petitioner was required to provide a COMPLETE transcript of the hearnig, during which petitioner claimed to have advised the court that there was a waiver in the file.
The Third DCA suspects, that the trial judge was never advised of the waiver. Stay tuned.
I want a real lawyer, too. I want to pay $1500.00 and up for PTI. What a scam.
There are two kinds of private defense lawyers, those who take the clients money when he comes in with the PTI letter from advocate, and those who tell the client that if he wants PTI, he doesn't need a lawyer.
The former need to get a real practice.
riddler,
is the "round-up" defunct? i thought the posting about the turd dogs was quite insightful.
Jeffy "back-door" Swartz is my idol.
Imagine parlaying losing a murder case on speeds as an ASA, a failed judicial re-election campaign, being universally reviled and having 2 failed marriages into a $800,000.00 job.
Its cojones, chutzpah and brilliance all at once.
Now, can I have some more johnny-cakes please.
whats the link to the riddlers blog
My Dearest Vito:
I was not aware that J-effing Swartz lost a murder case on speeds when he was an ASA. We require particulars. Names, dates, and case numbers. If this is true (and I would never doubt my sweet Vito) then this might explain his holier than thou attitude and his constant attempts to prove how smart he is. Maybe he's just covering up for some inferiority complex...maybe more than one, doesn't he drive a sports car?
This dovetails quite nicely with my latest thing I hate most about some Judges. You ever notice those Judges that are quickest to criticize a lawyer are those that never practiced in the real world? Or,if they did they were bad and couldn't make it in private practice. I can't stand a judge who reminisces about their time as a lawyer as if they were Clarence Darrow when in reality they were more like Vincent Gambini. They act as if sunshine shoots out of their ass (credit for this goes to the TITAN).These are the same Judges that ridicule a lawyer in front of his client, are constantly late taking the bench, and have poor judicial temperment. I guess it all comes back around to the candidates that apply and run and the poor screening in those processes. Why don't we raise the bar and require more years as a lawyer before one can apply? Maybe require a set number of trials? Knowledge of the law and all things legal rather than all things political. Nah....I'm just dreaming of a legal utopia where all the judges are qualified, respectful to the parties and their lawyers, are truly fair and impartial(not just pay lip-service) and really understand the law.
ACCEPT NOTHING!!!
My Dear Kit,
Unfortunately the name, dates and particulars have slipped from my addled brain. perhaps too many filling breakfasts in gaylordsville, new hampshire.
however, i was emplyoyed at the sao at the time of l'affair d'swartz and others will recall the incident as well.
as long as the mud of truth is being slung, do you recall when swartz was married to ice princess kristi bettendorf? apd robert godwin, distraught over the loss of his lover kristi, did felonious mischief to jeffie's car? ah, the good old days when people had some balls.
Felony criminal mischief over Kristi??? Dammmm!!! *shaking head here in utter disbelief*
nothing like a nice fee for pti. (except when you get 5K in cash and a 'no action'. those are great.
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