Monday, December 18, 2006

PLEAS- STOP IT.

An insidious new part of the standard Plea Colloquy has crept into the REGJB. Silently it has spread like the mold in the AC vents, from courtroom to courtroom, Judge to Judge.

Rumpole aims to be the Lysol spray.


The objectionable portion of the colloquy is where the Judge asks the defendant if he/she is aware of any physical evidence that should have been DNA tested; whether the defendant is aware of any additional exculpatory evidence and whether the Defendant believes his/her attorney should have done more to have evidence tested.

Now why are they asking that?

We view it as the thin edge of a larger wedge designed to shatter the Great Writ. We are speaking of the Writ of habeus corpus incorporated in Florida’s Criminal Procedure rule 3.850.

Lets face it: Judges and prosecutors hate those Rule 3.850 motions. Yet, as even the most cynical among them would admit, 3.850/post conviction relief litigation has resulted in the exoneration of over a hundred individuals on death row nationwide, and hundreds if not thousands of Florida inmates convicted of various crimes over the years.

Do Judges really believe that by asking the Defendant to essentially waive any additional testing of evidence that if a real question of innocence was raised at a later stage that it would be fair and proper to use the plea colloquy to prohibit the testing of the evidence?

If the answer is “No” then can we assume that the motives behind these questions are as pure and innocent as the driven Florida snow?


Is a Judge who just denied the motion for continuance which precipitated the plea to begin with now going to stop everything and reset the case for a few months because a defendant says during the plea that- since you're asking- he really would like an independent lab to retest the wine glass?

Which is it?

Because if the plea colloquy is not a setup for use against the defendant at a later date, why stop with asking about DNA testing? Why not inquire about whether the defendant is satisifed with the questions asked at deposition, and whether the attorney has shared with the client the cross examination questions taken from the depo question and answers; is the defendant satisified with the the voire dire questions the attorney has prepared, the opening and closing statements the attorneys was ready to give, and has the defendant reviewed the possible JOA motion?

We recognize the court’s legitimate obligation to inquire whether a plea is knowing, intelligent, and voluntary. Should the colloquy go into a complete discussion of defense strategy, and attorney competence as well?

Why is it that we are so suspicious of our robed readers?

See You In Court reading our Sun Tzu, who wrote: Beware Judges who smile and bear gifts (or words to that effect).

79 comments:

Anonymous said...

Parts of the record attached to the order, should conclusively refute the allegations of the 3.850 motion. It is hard to imagine how the foregoing statement (during a plea) conclusively refutes well pled allegations of a 3.850 motion.

Anonymous said...

What does this post have to do with me trashing people I'm jealous of?

Anonymous said...

God forbid judges do their jobs and thoroughly colloquy defendants..........

What will the bottom feeding felony attorneys who make their livings filing bogus Rule 3's do?

Rumpole said...

No 7:20 you miss the point. Get some coffee. Our post clearly says we want Judges to do their job properly. What we don't want are judges who scheme against defendant's and the rights afforded to them. I don't know how you define "bottom feeder" but to the extent post conviction work requires research, writing, reading the record and doing a lot of work, I don't call the attorneys who do that "bottom feeders."

Anonymous said...

I saw a "I read Rumpole" bumper sticker yesterday. Are you behind that?

Even Steven said...

Just an update on our single 40'ish defense attorney. After a wild Friday on Sobe (NoBu -mansion, more models than you can count) he was at it again last night with some hollywood types, including forrest whittaker at Opium and Lance Armstrong and a bevy of 20 somethings at a hotel suite.

You know this guy- often called not the best lawyer in the room-but dresses like he is.

Anonymous said...

So just who is the schmeckle with the 150K ford?

Even Steven said...

Oh- and everybody's favorite soon to be former Judge had his last day in court this past Friday. Quietly left to do some charity work at Camillus house Friday night, before turning down a civil offer at Breakfast on Saturday. Can't confirm the rumor the administration offered to have him join a group entertaining the troops in iraq this week, but its a nice touch to a resume that says Nest Stop 11th Circuit Atlanta.

Even Steven said...

Woops-one more thing. Remember the aging Miami attorney who flew to Boulder and put that arrest and investigation of that teacher to rest with about a days work of Miami legal Magic? Word has it some English Barrister muckety mucks called him about the arrest of the supermarket woker suspected of being the guy killing the prostitutes. Does he have one more bit of magic in those old bones? Stay tuned.

Anonymous said...

Rumpole:

I'm going against you. Cincinnati will beat Indy in MNF.

Toots

Rumpole said...

Double or nothing? A chance to get even? This one is a mortal lock. I have done extensive research and Cincy's pass defense is about the worst in the league. Going to Indy, MNF, against a pretty pissed Colts team that finally has something to play for- a playoff bye. Put the mortgage on this one.

(Have I jinxed the Colts enough?)
Pawn the rolex, sell your shoes, pile all your dough on the Colts.

Earl Rogers said...

Rumpole:

Check out the amendments to Rule 3.172(d), which were mandated by the Florida Supreme Court. Under the new rule, trial judges have to make the DNA inquiries or risk having the plea invalidated by post-conviction "bottom feeders" like me.

Judge Kevin Emas said...

Rumpole: Before you get your DNA in a twist (no pun intended), you ought to know that the lengthening colloquy echoing throughout the halls of the REGJB was not some mysterious conspiratorial plot by trial court judges; it was mandated by a recently-enacted law and a corresponding change to Rule 3.710. The statute, effective July 1, 2006, provides in pertinent part:

925.12. DNA testing; defendants entering pleas

(2) For defendants seeking to enter a plea of guilty or nolo contendere to a felony on or after July 1, 2006, the court shall inquire of the defendant and of counsel for the defendant and the state as to physical evidence containing DNA known to exist that could exonerate the defendant prior to accepting a plea of guilty or nolo contendere. If no physical evidence containing DNA that could exonerate the defendant is known to exist, the court may proceed with consideration of accepting the plea. If physical evidence containing DNA that could exonerate the defendant is known to exist, the court may postpone the proceeding on the defendant's behalf and order DNA testing upon motion of counsel specifying the physical evidence to be tested.

(3) It is the intent of the Legislature that the Supreme Court adopt rules of procedure consistent with this section for a court, prior to the acceptance of a plea, to make an inquiry into the following matters:

(a) Whether counsel for the defense has reviewed the discovery disclosed by the state and whether such discovery included a listing or description of physical items of evidence.

(b) Whether the nature of the evidence against the defendant disclosed through discovery has been reviewed with the defendant.

(c) Whether the defendant or counsel for the defendant is aware of any physical evidence disclosed by the state for which DNA testing may exonerate the defendant.

(d) Whether the state is aware of any physical evidence for which DNA testing may exonerate the defendant.

===================================
As a result of this newly-enacted law, the Supreme Court adopted an emergency amendment to Rule 3.710:

In re Amendments to Florida Rules of Criminal Procedure 3.170,
938 So.2d 978 (Fla. 2006):

"The Florida Legislature recently enacted chapter 2006-292, Laws of Florida (the Act), which among other things requires courts to inquire into the existence of physical evidence containing DNA that could exonerate a defendant prior to accepting a plea of guilty or nolo contendere to a felony. The Act applies to pleas entered after July 1, 2006. See id. Section 2 of the Act provides in relevant part: “It is the intent of the Legislature that the Supreme Court adopt rules of procedure consistent with this section for a court, prior to the acceptance of a plea, to make an inquiry into ••• matters [set forth in section 925.12].” See ch. 2006-292, § 2, Laws of Fla.

Accordingly, we adopt on an emergency basis the amendments to the Rules of Criminal Procedure as set forth in the attached appendix.

RULE 3.170. PLEAS

(2) No plea of guilty or nolo contendere to a felony shall be accepted by a court without the court first inquiring of the defendant and of counsel for the defendant and the state as to physical evidence containing DNA known to exist that could exonerate the defendant. If no physical evidence containing DNA that could exonerate the defendant is known to exist, the court may proceed with consideration of accepting the plea. If physical evidence containing DNA that could exonerate the defendant is known to exist, the court may postpone the proceeding on the defendant's behalf and order DNA testing upon motion of counsel specifying the physical evidence to be tested."
==================================
So you see, Rumpole, there is no reason (at least from this example) to be "suspicious of our robed readers." No vast conspiracy here, just constitutional officers doing their constitutional duty.

While people can certainly disagree on the reason for this legislative enactment, and whether it will, as a practical matter, accomplish its intended goal, no one can reasonably dispute the fact that the trial court judges are duty-bound to include this language in their plea colloquy.

Kevin Emas

Anonymous said...

nice pick on the eagles-giants game.... dumbass.

Anonymous said...

Rump, it's time for a new years resolution post.

Anonymous said...

don't mess with emas.

Rumpole said...

NOW there is one very good reason why I do not read the rules of criminal procedure- they're too boring (same with case law). But I have now been outted and shown up by everyone's favourite Mensa member. What did Judge Pinero tell the Herald a few years ago about him, after a bet on a college football game? Ahh...thats what I get for sticking my nose into legal stuff. I should just stick to what I know-drinking.

Rumpole said...

PS Dade Judges have been "duty bound" to order a DL suspended for a drug conviction for the last 15 years, and they just got around to it about 6 months ago. Why the sudden desire to follow the law to the T?

Relax and just go with the flow dude, or somthing like that.

Rumpole said...

Let me say this about so called "Even Steven". This is an individual who I have reason to believe works for publicists who are giving him information that is being used to promote things places or events. So when he writes about an attorney at Nobu, while it may be true, NobU has paid a publicist to get their name out, and this dope sees fit to use my blog. His interest in Judge Hernandez is baffling to me, but I do not believe a word of it. I have had several private email conversations which will remain private (those of you who email me know that I have always respected a request to keep an email private). The information about "even steven" that I just wrote does not come from our email conversations.

So while I will not stop the posts, I suggest you take them with a grain of salt.

Anonymous said...

you are sooooo good rumpy!!

Rumpole said...

Anonymous said...
Rump, it's time for a new years resolution post.

Well the first one might be to do some legal research before I post so I cannot be embarassed by our robed readers (although Emas has embarassed smarter lawyers than me.)

But doing research requires books which I don't have, time which I don't want to spend, and interest in the subject of which I have almost none. So I will just continue to blunder along.

I do resolve to go to more free dinners, get more free drinks, and avoid more bill collectors in the new year.

Fake Judge______ said...

Hey Rump- since when have Judges in Dade started to follow the law? Was there a memo I missed?


PS INSERT YOUR FAVORITIE JUDGE'S NAME IN THE ADDRESS

Anonymous said...

Batman says:

Our sources in the Federal system say that if you mention the name Ivan Hernandez, the resposne is "Ivan Who?" This guy is a lengend in his own mind and I will waste no more investigative skill on this issue.

Let's see. "W" is so consumed with oblgations to Ivan Hernandez that he has ordered all of the major Republicans in South Florida to stop everything they are doing and concentrate on what they can do to make life easier for this has been, lose cannon of a judge. Forget Iraq. Forget the Democratic congress. Forget the threat of terrorism. Forget the rest of the Middle East. Forget North Korea. Forget the Energy Crisis. GET IVAN HERNANDEZ A JOB.

In a press conference this morning after the swearing in of the new Secretary of Defense, the Prez was asked about this issue and he stated: "We will not rest until we can announce to the world "Mission Accomplished.' We have a duty to to overrule the will of a democratic people that voted to throw the incompetent boob out on his ear. We must stay the course. If we are successful in this goal, our approval ratings will sky rocket."

Okay wake up, it was just the hallucinogen in my Utility Belt making you have that bad trip.

Anonymous said...

I was in front of Judge Hernandez for several months as a ASA. He was a good judge, allways fair. You cannot ask for more. The JA thing was a shame, it just shows that he is a loyal guy...to a fault.

judge adrien said...

"Girl you know its true.....ooh ooh ooh....I love you..."

Anonymous said...

Batman says:

To the former ASA in Hernandez' courtroom:

Competence is more than knowing how to rule on an issue of law. It was not loyalty that made him back D'Arce. There is more there that does not pass the smell test. I have investigated, but will not put out rumor or suppostion. Suffice it to say that he showed an inablity to manage his own office, to take action where needed to protect the integrity of the judiciary and allowed the appearance of serious improprieties to continue (all violations of the Code of Judicial Conduct) that make him incompetent to hold the job.

If he had not lost I guarantee you that the JQC would have taken action against him. They still can, although I don't think they will.

Besides how hard is it to handle a criminal traffic calender.

Anonymous said...

If Im' arrested I'm hiring Dan Lurvey. Thats that.

And I want Andy Hague to be the Judge too.

You Know Who. said...

My exerience in the Hernandez affair led me to believe he was having his JA do legal research, which seems a bit odd to say the least. Here's the thing- Hernandez when down on a seemingly small matter. But if the guy was that out of control of his office, and don't forget the blasting by the Bar for misleading ads, then what else was he up to? Bottom line- not Judge material by a long shot.

Anonymous said...

That should read "went down"

Chris Amon said...

Sir I take umbrage at your obvious ethnic slur. I am not a schmeckle…a schmuck yes a schmeckle never. First of all this is not just any Ford. This car is based on the storied GT40, which beat Ferraris ass at Lemans 4 times. Lastly, my misinformed friend jealousy is a sickness. The only cure is a Ford GT.

Anonymous said...

LOCAL BONDSMEN SECURITY FORCES WORK TO SOLVE CRISIS: FROM THE BBC:

Meanwhile, Hamas' Prime Minister Ismail Haniya called on Mr Abba to withdraw his security forces from Gaza's streets, saying their deployment endangered the truce, Reuters news agency reports.

Anonymous said...

DAN LURVEY??? Well, he's no Simon Steckle, but he's ok I guess.

Andy Hague??? Well he's no Whizzer White, or no Arthur Winton, but he'll do.

Even Steven said...

My Dear misguided Rumpole- you dare to bite the hands that feeds you! I have an email list of 200 prominent Miamians who read my emails daily and click on the links I tell them to click on, including your rageddy blog.

Yes I receive renumeration from certain establishments to make sure they receive proper treatment from the press. Yes I have been hired by individuals to assist in repairing or protecting their reputations. But more importantly, I know more about what's going on in the legal community than you and your whole group of snobby, self important attorneys. There is a reason they call you CRIMINAL lawyers. If the name fits....

PS. Word from Washington is that you know who is going overseas for XMAS and his will be one of the first names the Dems get when the new Senate Judicial Committee conveens to fill some seats in Atlanta.

Anonymous said...

If you give me a scheckle
I'll talk about Simon Steckle
I'll tell you about
money that was fake
I'll tell you about
all those bad dates

Just give me a scheckle
to talk about Steckle.

Anonymous said...

even steven sucks!!!

Anonymous said...

Even Steven- you forgot one thing -- there are no vacancies on the Eleventh Circuit Court of Appeals and the President can't just make one up. Go back in your no-nothing hole.

Even Steven said...

No vacancies you KNOW about. HO HO HO.

Anonymous said...

Rumpole,

I'll take your offer - Double or nothing! Remember, I have Cincinnati - minus David Pollack.

Toots

An old ASA said...

Combined, just how many jury trials do Bennett, Weed, Stein have?

Just wonderin where mah tax money is goin.

Rumpole said...

Toots- we're on.

If I per chance lose, I'd join a gym, because you can buy a whole lot of lattes for $40.00.

Haiiku Harry said...

Lurvey, Reiff, Q, Best
Dui Guys

Not like the rest.

Ahh..I don't like those DUI guys.


PS. Colts rock cincy tonight
Rumpole beats toots
gets even at last

Chris said...

MEMO TO ALAN
FROM CHRIS

1) I'm officially off the Bardwil Bandwagon.

2) We need to wrap up our schitck before the New Year.

3) Merry Channukah, ol pal.

Anonymous said...

Rumpole- all the old crazies are coming out of the woodwork today. Whazzup wit dat? Next we're gonna hear from Mah bloggah!

Anonymous said...

dear old ass
weed has a total of zero jury trials for life.
brummer says he tried one jury trial with diane ward -not guilty.
rory is actually a very good trial lawyer but has dedicated his life to taking down the record set by kobee>ashee< for danish speed eating. best of luck rory!
and there you have your tax dollars at work.

Anonymous said...

i know rory doesnt do a lot of trials, but that may have something to do with his position as an administrator, not a trial lawyer. when i worked there, i regularly went to him for advice and to staff cases and his ddor was always open and he is damn smart.

how many buses did the head of the dept of transporation drive this year? probably none, as he is an administrator. (see analogy in dictionary if you dont understand).

earl rogers said...

Maybe something has changed in the 84 years since I expired in an alcoholic stupor, but don't you have to be able to speak fluent English to be a federal judge?

fake hugh rodham said...

The chickens have come home to roost even steven. When he was still a traffic magistrate, your hero Judge Hernandez treated me (and everyone else in the courtroom) like shit, and I never forgot it. One call to my sister and his alleged nomination will go straight to Senate confirmation purgatory, like so many before him (what do you think happened to Ted Klein?)

Anonymous said...

Judge Emas is, without a doubt, the bomb. I wish they could clone him and make 20 more of him. We would have the smartest bench in the country. I wish we could get a smart Governor or President to elevate him to where he belongs. I truly believe he is qualified to sit on the USSC.

Anonymous said...

your a putts

Anonymous said...

6:27 weed was in the pits before he became BB's adm assistant. he tried several cases with his trial partner in the PDs office. they won a big highly publized case before judge cowart beating ira dibitski and terry mcwilliams. he has tried several cases of course that was 25 yrs ago. the robbery trial of david henry was his last. henry was convicted and later released when the state found out he was innocent. maybe ole abe can comment on this....

Anonymous said...

thank you earl...i almost fell out of my seat!!!

Anonymous said...

JAA Blog north of the border respecting my man Rump with a shout out thanking Rump for the plug down south.

Anonymous said...

weed is a great guy. and i'm sure he was a dynamic trial attorney 25 years ago too.
but for god's sake, he retired only to be rehired and now makes 225g per year. he is what we call a tax payee.

Anonymous said...

Ivan Hernandez is an arrogant ,slimy
idiot.He is also a bigot who had imbeciles like Juan D'Arce running his campaign .He is a legal lightweight to boot as well as an embarassment to all self respecting ompetent Latin Lawyers.Good riddance !

Go Robin!

Anonymous said...

I love the guy who said... Your a putts.

That is you're a putz, you putz.

Even Steven said...

Judge Hernandez in 08' - Judge Hernandez is just great' - Judge Hernandez in 08' - Judge Hernandez it's just fate'.

Repeat the verse 4 times and add your own bridge.

By Even Steven

Even Steven said...

That's the fake Even Steven.

But just to show you that I'm not a hard hearted man-

Now that everyone's favorite penguin Judge has had his deal (negotiated by another Judge) with Sony, and is on his way out of the REGJB, word has it that Fox TV is courting none other than Judge Peter Adrien to host a new game show, to be called:

WATCHING PAINT DRY.

Anonymous said...

Rump i read you and i agree with you on some things and disagree on others but you are way out of line on this.

3850 the great writ, is the most abused pleading in the criminal justice system. IT is intended for real injustices eg a lawyer not telling someone they would be on the next plane to haiti when they took a cts plea or when they actually asked an attorney to test DNA evidence and the Attorney refused out of laziness or a desire to cash a JAC check quickly.

What it has become is a way for every defendant whose case had any physical evidence to re-argue his case regardless of what defense he plead at trial. I saw one in which a defendant demanded a semen retest when he took the stand at trial and went with the "she wanted it" defense.

THis law is meant to addres this nonsense and make sure the right thing is done upfront and not have an innocent person in jail. Who better than the person acused of the crime to know what items may or may not contain his DNA? THis makes sure if there is anything that he wants tested that it can be done before he pleads that 1/d/m case to second and 30 so that he cant immmediatley relitigate his plea once he learns that 30 years in raiford is not all its cracked up to be.

Rump, i know its hard for you to accept that it may be harder for you to soak some poor desperate family who wants to believe their son innocent for 5 grand for a useless motion that you will lose without a hearing. all this does is get rid of the "mickey mousing"(kudos to Sorondo for coming up with this term for defense antics in 11th circuit) that defendants do with 3850 motions.

This is truly the stupidest and most intellectually dishonest post you have ever written. God bless a well respected jurist like Emas to expose your silliness on this whole post.

Rumpole said...

Anonymous hissed:
This is truly the stupidest and most intellectually dishonest post you have ever written. God bless a well respected jurist like Emas to expose your silliness on this whole post.

Rumpole responds: Just what is intellectually dishonest about what I wrote?

This plea colloquy is an outright attack on post conviction relief. Why not then require a plea colloquy on all other issues?Possible voire dire, possible cross, etc.

3.850's are mickey mouse? Sure they are, to everyone except the innocent guy in prison.
"Oh that doesn't happen much" you sneer. Then answer this: if over 100 people on death row have been exonerated, and death penalty cases are supposedly handled by the most experienced prosecutors, detectives, judges, and defense attorneys, then the system is broke, because if the best of best screw it up that much, how many innocent people ae serving time for burglary, robbery, etc., where the "best of the best" have not been used? To damn many. Writs of Habeus Corpus are BS until YOU need it. Just read the NY times today to see the military's treatment of a US CITIZEN in Iraq. Perhaps the most galling part is the fact those assholes kept that poor man in custody 18 more days after deciding he was innocent, and then badgered him about not writing a book or going to the media before they released him.

You may want to trust your freedom to George Bush and Dick Cheeney. I don't care to.

Rumpole said...

PS. I don't "soak people." I help people. I tell them the truth. I don't charge fees or accept cases promising to do things I cannot do.

I have done post conviction relief. A family who has a member in jail for life, and believes I am comptent to advise them, is welcome to pay me to review the case and give them an opinion. If my opinion is bleak, but they choose to proceed, then my motions full comply with my dual obligations to assist my client to the best of my ability and not to advance a frivilous claim.

Maybe you or lawyers you know steal and profit from the fears of clients, but that is not what lawyering is all about. And I for one will not let you accuse me of doing something like that when you have no proof whatsoever. Indeed, defending people from others who make accusations without proof is what I do best.

Anonymous said...

Hey Rumps- just wondering what that very young, very engaged PD was doing making out with Jake Gyllenhaal the other night at a party on Fisher Island? Her friends at the PDs office were all looking at the camera phone pics this morning.

Rumpole said...

how in the world would I know or care? My problem is these damn colts don't know how to tackle.

Anonymous said...

Juan DArce doing legal research for Hernandez????

Hernandez was doing traffic cases in So Dade dumb ass. What legal research would he possibly need?

Anonymous said...

"Fox TV is courting none other than Judge Peter Adrien to host a new game show, to be called:

WATCHING PAINT DRY"

will this be syndicated and will timewarner have local listing

abe laeser said...

Rumpole, nice win on the Colts - but only a 'push' at 50.

I actually recall trying a case against Weed. Of course, that was when Hubbart was the PD; and the Earth had not yet fully cooled. Better trial lawyer than his new duties would ever suggest.

Surprised you were so off base on the 3.172 plea issue. Perhaps you need a proof reader who spends more time in the books than in the bars. However, for whatever meaning it may have, I trust a person who can handle their alcohol. It is one of the few traits that can exist in every class, race, religion, or gender + tells one something about thier breeding.

Anonymous said...

oh thats just great...

Anonymous said...

the funniest thing going on right now on this blog is that there are actually people who believe some of this Hernandez stuff.

They are the same people who forward those emails to 5 friends because they fear bad luck.

Anonymous said...

Rumpole - I too was surprised how you missed the boat on this issue. In addition to what Judge Emas related, you should note that prior to the recent legislative amendment of s. 925.11, NO defendant who took a plea (either guilty or nolo) had the right to obtain postconviction DNA testing (at state expense). The recent legislative change, while lengthening plea colloquies an extra minute, has actually EXPANDED defendants' rights.

As an aside, although I am extremely fond of former J. Sorondo, it was none other than former C.J. Alan R. Schwartz who first used the term "Mickey Mousing" to describe counsel's attempts to manipulate the laws designed to protect defendants and hide the ball to seek speedy dismissals rather than speedy trials.

C. David Weed said...

Abe
Are you still mad that I kicked your butt in 1975? Get over it!

Anonymous said...

"They are the same people who forward those emails to 5 friends because they fear bad luck"

Hey, watch it buddy, ya talkin about me!!!!!!!!!!!!!!

Anonymous said...

ohh just here at sounding .... la de da... guess what judge is taking forever.!

Anonymous said...

This just in:

The Fashion Network has just launched a TV show called HAIRSTYLES OF THE POWERFUL AND RICH

hosted by:

Peter Adrien

He is a busy man these days.

judgeadrien said...

"Blame it on the rain...."

Anonymous said...

Rumpole.........you really missed the boat on the Rule 3 issue. The fact is that for every legitimate Rule 3, there are dozens of BS ones.

Anonymous said...

FROM THE PERSON WHO CALLED YOU OUR AS INTELLETUALLY DISHONEST

attack on the writ, please. if anything the law is designed to protect innocent people from lazy corpulent turds who wont do any work on thier cases. this alerts the uneducated defendant that he can request to have DNA tests on certain evidence before he loses at trial and goes to prison for thirty years. it also protects the defendant who pleads alerting him that he can have items tested if he believes they will exonerate him.this law and the colloquy are helpful to defendants who really are innocent and who need to have items tested for DNA. The Dade SAO deserves kudos for setting up an innocence project to actually investigate these claims rather than just filing pleadings saying they are procedurally barred as most prosecutors offices.

good smart judges of all leanings colloquy defendants after jury selection and ask them if they are happy with the jury and that makes sense. this does not attack the writ it gives the chance for the defendant to say "no this second year pd who is out the door in two more weeks has done a shitty job of selecting my jury and he has struck the wrong people. also asking them if they have witnesses to call makes sense so that if there really is a witness who needs to be called, he can be called. this only undermines the abuse of "the great writ" that occurs when the defendant had no witnesses at trial and then after losing gets every relative or friends they have made in the can to come in and say "some other dude did it".

also invoking iraq and the cretins who are running is red herring and is more intellectually dishonest then yesterdays drivel. the fact that the military held an innocent man in prison has no relevance in the debate about plea colloquies. Bushes conduct has been deplorable and when you sink to the level of equating thier conduct with a law like this you actually sound like a moronic republican who repeats, in mantra like fashion, "if you oppose the war in iraq you are pro-terrorist."

truly the worst thing you have ever written. Tell me you were snorting lines all day or had downed three bottles of vino when you wrote this.

Roman Maronie said...

Lost in fargon Broward County!

The DNA issue with the "no thank you" form WE have to fill out I would say is deranged, but that would be an insult to the word deranged and a compliment to the drafters of this crafty piece of ... colloquy.

Here in Good Ol' Hazard County, The Government actualy chooses to prosecute residue cases at will. Since that is the case, how can one ever ethically plea someone out considering the DNA issue?

Y'all think things are tuff all over in Dade. Lemmee let ya in on a secret. These sneaky bastages up here have ya beat. By miles! That, is not good. Dade is a pleasure compared to Broward most times.

Blogs in Broward are starting to pop up as mentioned previously. Maronie have comedy site just to laugh at.

Roman does blog here and there, but mostly I like to give lawyers Three Stooges Videos and surreptious surveillance of me in a gambling ring in the 80's.

This Site Kicks Iceholes! Thanks.

Hope to see you at Maroni Space and enjoy the vids, cartoons, and general tomfoolery of the justice system. Borat is Maroni's hit man.

Thank you very much.

Roman Maronie

http://www.myspace.com/roman_maronie

Anonymous said...

All you bastiges in Broward are fargin iceholes!

Roman Maronie said...

To the creative poster named anonymous:

Broward will put your bells in a meatgrinder. We gonna cut off a your arms and shove them up your icehole!

Ok, at least you have seen my work in Johnny Dangerously. The fargon truth is we are all not iceholes. Just, most of us. Sure, in Dade you take one wrong turn getting to court and you wind up in Bonfire fo the Vanities part Deux, but at least at you'll only get pinched for a misd. charge as opposed to a turd degree coke beef.

Back on point, the DNA forms are a pain in the icehole and an utter waste of time. Of course I'm checking for DNA on cases if it might be exculpatory. The issue is, with the requirement of the form and waivers, how can Broward Prosecutors ever sign that thing on a pipe case that's charged as a possession case. They never test for a saliva hit. Thus, how can they ethically go forward on those types of cases. Or, how about a glorified shoplifting case... is the government required to now examine for exculpatory trace evidence or must they resort to willful ignorance?

This can of worms has yet to be fully hurled. Under 3.220 and the DNA form, I think the State's and Defense obligations expand. We'll see. Roman only pawn in game of life. Arguably, because of this form, maybe the State can be pressed in Broward to do these cases Dade style. Misdemeanors for crack pipes. Not felonies.

O well.

There is an excellent quote from Ancient Art of War about giving the enemy unsavory women to weaken them. Maybe, that's how we can overcome the problem. Perhaps covert crack ho's can infiltrate the State. I must consult that book again as it applies to all of this fargon bullshty.

Thank you very much.

Anonymous said...

hi mommy!