WELCOME TO THE OFFICIAL RICHARD E GERSTEIN JUSTICE BUILDING BLOG. THIS BLOG IS DEDICATED TO JUSTICE BUILDING RUMOR, HUMOR, AND A DISCUSSION ABOUT AND BETWEEN THE JUDGES, LAWYERS AND THE DEDICATED SUPPORT STAFF, CLERKS, COURT REPORTERS, AND CORRECTIONAL OFFICERS WHO LABOR IN THE WORLD OF MIAMI'S CRIMINAL JUSTICE. POST YOUR COMMENTS, OR SEND RUMPOLE A PRIVATE EMAIL AT HOWARDROARK21@GMAIL.COM

Monday, August 07, 2006

MONDAY AFTERNOON ESPRESSO

For those of you who need a shot of Rumpole to make it to 5PM:

A concerned reader asks:


RUMPOLE:WHAT EVER HAPPENED TO "JUDGE HERNANDEZ THE MOVIE"DID IT GO STRAIGHT TO DVD?


A PUZZLED READER QUERIES US:

Rumpole what does that name: Howardroark mean which is part of your e-mail ?




Rumpole responds:

Howard Roark is indeed a fictional architect in the book The Fountainhead, which if you click on the Amazon.com logo on the left, you can order at a very reasonable price. You can also order the complete works of John Mortimer who wrote the Rumpole Of the Bailey novels, upon whom we have based our persona. For practitioners of the art and craft of trying cases, they are an excellent summer read.


Back to The Fountainhead. The book was written by Ayn Rand, who fled the Soviet gulag in the 1920's and came to The United States, where she developed a philosophy she called "Objectivism" based on certain principles of responsibility, truth, Aristotle’s A=A, with unrestratined capitalism as the political ideal. Former Fed Chairman Alan Greenspan was one of her students. To illustrate the ideas of her philosophy, Rand created characters in novels that acted in a manner reflecting their philosophy, to show how philosophy affects everyday actions, and illustrate the ideals of her philosophy contrasted against what she saw as the
shortcomings of other philosophies. Rand believed in the greatness of the American ideal, but worried that the imposition of what she called "altruistic collectivist ethics" would destroy the promise of freedom and enterprise found in the ideas of the founding fathers.

The Fountainhead was Ayn Rand's first great success (but not her first novel) and probably her most well known book. She followed the Fountainhead by what she considered to be her Masterpiece: Atlas Shrugged. The Fountainhead has sold over 25 million copies and is (in my humble opinion) one of the most influential novels ever written.

As to “Judge Hernandez the Movie”, I applaud you for being one of the careful readers of the blog. Indeed we have written a treatment as it were. However, upon re- reading the Rules Of Professional Conduct, we were given to pause and consider whether, as a member of the bar, we can poke fun of a Judge in that manner. We have a post which will probably be up Tuesday in which we explain out dilemma (anyone ever hear of a DeLuna Dilemma in trial law? Bonus trivia question) and we seek the help of our dear and dedicated readers.

41 comments:

Fake slom said...

Joe?

Fake Farina said...

Sam

Anonymous said...

Alan?

Anonymous said...

DeLuna Dilemma - sometimes the introduction of favorable evidence or argument is a double-edged sword as it could possibly open the door to evidence or argument adverse to your position.

Rumpole said...

umm. not really..The Deluna Dilemma refers to a particular and specific situation (hint: involving co-defendants).

Anonymous said...

chris?

Anonymous said...

alan?

RILEY MARTIN said...

You better stop that Chris/Alan sJit when there are more important issues to discuss, like the fact Chris Pracitto may well be a BIAVIAN. CLICK AND SEE.

Anonymous said...

riley martin was fired from the PD's office for mis-use of office funds by eating part of rory stein's danish before it was delivered to rory. Just in case you were wonderin.

Fake Marshall Ader said...

If Riley Martin says Pracitto is an alien, I tend to believe it and will mark his file accordingly.

Fake Richard Brinker said...

Me too

real fake marshall ader said...

i love my beard. click and find out more.

Roy T. Gelber said...

rump, your a money whore. now your ads are selling bam margera dvds. the horror, rump...the horror!

btw how can i get a piece of this action.

Anonymous said...

Schwartz and Rima got the Kiss of Death today from the Miami Herald. I wonder who will be cursed tomorrow?

real fake roy t gelber said...

No. I am the real fake roy t. gelber, as my website proves, and I don't take pieces of action- I take kickbacks as any idiot knows.

Anonymous said...

"Schwartz and Rima got the Kiss of Death today from the Miami Herald. I wonder who will be cursed tomorrow?"

Sanchez and Manno must be thrilled. Marin must be hoping that Davidson gets it.

Anonymous said...

yeah, the Herald is the kiss of death...and the Red Sox will never win the world series.

Every candidate wants every endorsement. If they tell you that they aren't upset by a snub they are liars.

Why do they want the endorsement? So their opponent doesn't get it!

Anonymous said...

Rumpole the real reason you did not follow through on your " Judge Hernandez The Movie" is cause you are CHICKEN ... Cluck,Cluck Cluck! You could easily have done "Ivan the Movie" What happenned to your First Ammendment rights Rumpole? What's the matter Phil afraid that if he wins you will have a hard time in your next DUI case? Or that Juanito was going to come knocking again?? A sad case you are bub a lot of bark and no bite!

Help I am So Scared said...

I am with 9:50 I gues magilla gorilla scared him. Phil wassup.

Anonymous said...

CHICKEN ... Cluck,Cluck Cluck!

Anonymous said...

FYI I have inside information that Juanito threaten Rumpole with shutting down this blog.

Anonymous said...

not only did Junaito deny his client access to the court he is now denying him his 1st amendment right,

Juanito has power! I have changed my vote to Ivan Hernandez because I am scared.

Anonymous said...

GO IVAN! GO IVAN! GO IVAN!

Anonymous said...

THE LAST COMMENT WAS STUPID

Anonymous said...

poor manno

firstyearlawstudent said...

Deluna Dilemma: Could the answer be found in the case of DeLuna v. Lynaugh,890 F.2d 720 (5th Cir. 1989)?

Anonymous said...

Rumpole will soon be disbarred

Anonymous said...

Whoever wrote its the kiss of death is plainly ignorant!! If no one wants it, then why in the world did they fill out hte quesionniare and go one step further and appear for the interview?????? No really, they don't want it, they just did it all not to get it. Get real, stop making ignoramous comments.

Anonymous said...

10:46 have you not that all dade county sixth graders are under orders to post messages here daily. For xtra credit they must support Ivan the terrible.

Speed Racer said...

Rump and Captain

Was driving in Homestead this afternoon and a car going at a speed at least 10 miles per hour past me, and then went through a light that was very red, as the car made a right on red without stopping.

Funny thing about the car, without naming names, there was one of those magnetic signs on the doors asking people to vote for someone for judge!

So to all candidates who find it necessary to tell the entire world "vote for me" cause I can't drive and I need a job:

Do not speed, and please do not pass a red lights!

You just could be helping someone else in your race get votes!

Anonymous said...

that was Don Cohn I saw him in the truck with the sign on the door.

Speed Racer said...

To the last poster,

It was a car, not a truck.
I will not say who it was, but there are many people who are running and they "forget" their name is plastered all over their car!

Those signs could come back to haunt them!

How about a Herald article on the driving records of these folks? Or how about a Herald article on how much money they made before they started to run for judge.
Bet many will take a hugh pay raise if they win.

Anonymous said...

It was Juan Gonzalez remember what was said in Herald:

"And Gonzalez believes that the criminal investigation into D'Arce was motivated by an attempt to hurt him because the two are friends and D'Arce is volunteering on his campaign. Gonzalez said he has been questioned by detectives.

''If you dig deep, it's not about Mr. D'Arce, it's not about Judge Hernandez [D'Arce's boss],'' he said. ``They want to link him to me. That's my opinion. I could be wrong. You know this is getting so personal right now.''



Does Leifman have any response to this?

herald watch said...

It's M&M Day - Marin and Mendez

Marin was an easy one - past president of CABA, 23 year defense lawyer, and Davidson - has one of those all encompassing, way too many types of law, civil practice "with her husband" (read: comes in once in a while and.... comes in once in a while.)

Tony's got 122 grand to Davidson's 11 grand. Game Over.

Now all the "I'm voting for Parks because she is a nurse and you should too" need to go get some tissues.

The Herald endorsedMarisa Mendez who began her career with Roy Black 21 years ago and then continued her criminal appellate practice on her own. The Herald notes that OH MY G-D "it's clear that she knows her way around a courtroom" (is that a qualification for judge in Miami-Dade County?)

Two things about this endorsement worthy of note, the Herald does throw nurse catherine a bone and mention their previous endorsement of her last time she ran, and they tell former ASA and 7 year lawyer Mario Garcia to "acquire more experience."

herald watch said...

As to all this talk about the Herald endorsement being the kiss of death:

1. The hardline hispanic community does not care about the Herald endorsements. They hate the Herald.

2. Those that get the endorsement, love it.

3. Those that don't, say it doesn't matter.

Rumpole said...

first year law student- so far so good- but what's the dilemma?

Anonymous said...

Rump,
I think you are looking for the dilemma that defense counsel must choose between offering evidence which might be exculpatory (in DeLuna, it was evidence which went to mitigation in a death penalty case) but which opens the door to evidence which may then damn the defendant, or choosing not to offer that evidence and, as a consequence, fail to present evidence which might acquit/mitigate the defendant.
If this is the dilemma you ask about, it's a tough one. In fairness, however, it's only tough because evidence has both positive and negative consequences. If we were defendants, we would love it if the only evidence that was admissible was exculpatory evidence. But with the good comes the bad.

Rumpole said...

NO THAT IS NOT THE DILEMMA DISCUSSED BY CASE LAW.

Anonymous said...

Just look at the statistics. Face it. Most of the Herald endorsees lost last time, as well as in years past. But it's true, it's called the "coveted" endorsement. But not to a hispanic.

Anonymous said...

the herald is stupid

Anonymous said...

Damn right.