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.
TO: Governor Bush (Jeb.Bush.myflorida.notmybrotherskeeper.com)
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.
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.
‘You are my only hope”
May 15, 2006.
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.
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.
May 16, 2006
To: Jeb Bush@governorbisgshot.net
Hey! Who do I look like, David Blane? Answer the damn emails. Quick!
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.
Reformed and desperate in Miami.