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

Tuesday, July 24, 2007

DEBATING TOPICS

We watched the You-Tube debates last night and our lasting impression was not one we expected to have going in. Hands down, the candidate who appeared most presidential was….Senator Joe Biden. He deserves a second look.

Our announced favourite, former Senator John Edwards did well, as did the expected top stars, Obama and Clinton. We think that Obama followed his briefing books a little too closely. Just how many times was he going to say he was the most experienced and able candidate to be President? Ditto for Senator Clinton when she was lobbed the softball about following in Bill’s footsteps. You are proud of your husband’s achievements as President. We get it.

Memo to both Clinton and Obama: time to come up with some different answers. Keep playing not to lose, and your not going to win.

The Universal Health Care issue was not really addressed. All of the candidates have stories ( as do we) of Americans dying because they were refused medical treatment. We think Senator Christopher Dodd deserves points for bravery for responding "yes" to the question of whether he would extend coverage to illegal workers in the US.

The bottom line is that we will eventually, somehow, get out of Iraq. Once that is done, the next US President faces several challenges- keeping tabs on Al Queda and Hezbelloah so as to make sure they do not strike the US. Dealing with US energy consumption and Global Warming (China is building so many coal fired power plants as to keep West Virginia Coal Miners in business for the next 100 years). Universal Health Care. Throw in problems like crumbling infrastructure and the probable outbreak of some flu-like health crisis somewhere in the world in the next decade, and it has never been more clear that we need a new generation of intelligent and dedicated political leaders. And we need them now.


DEATH PENALTY
The Herald reports that THIS JUDGE found Florida’s current method of execution unconstitutional.
How about a .22 in the back of the head? It’s quick, cheap and efficient. If you’re going to support the state killing its citizens as retribution and punishment, why all the claptrap about it being humane? Just do it and admit the barbarity of it all and move on to the next problem.

NEW SENTENCING PHASE
Speaking of execution, Stephen Ault who raped and strangled two young girls, is back for a new sentencing hearing in Broward. His original sentence was over turned when the judge excused a juror during voire dire who had voiced “general objections to the death penalty.”
The Herald article IS HERE

If you’re ever going to challenge our position on the death penalty, Stephen Ault is the case to do it.


SHARPSTEIN UPSET
The Federal Blog and the DBR has coverage of Richard Sharpstein's fight against the Feds in a Health Care case. The lead FBI agent called his clients to tell them Sharpstein had a conflict on the case. If you know Sharpie, he is a bit miffed. Mr. Markus can also be counted on the cover the Noriega proceedings.


2 LIVE CREW REDUX
Finally, there is a post on the Broward Blog about Judge Grossman's ruling over a decade ago on 2 Live Crew. There is a lengthy response by local attorney Jack Thompson. if you know of Mr. Thompson, you know he never passes on the opportunity to expound on his views of pornography in our culture.

Perhaps this is a good topic for debate here. It is fair to say that we would head into such a discussion opposed to censorship. However, with the rise of deadly violence among our children, Mr. Thompson's views have an important place in the discussion.

Have at it. Presidential politics; the death penalty; free speech. Topics for debate for those of us not lucky enough to be camping in the Badlands this summer.


See you in court.

35 comments:

Anonymous said...

Recap of the Presidential debate:
Gravel: Complete loon.
Dodd: Policy wonk. Boring. Nice Guy, good senator, not presidential.
Edwards: Charlatan
Clinton: Did pretty well.
Obama: Hands down winner of the big three. Needs to get more versed in policy though.
Richardson: Very impressive. He and Biden looked very good, smart, fit to lead.
Biden: The overall hands down winner. Too honest and straight forward to have a chance.
Kucinich: He is great. Honest. Too liberal to be electable, but great.

The format: Very good.
Anderson Cooper: Brilliant as always.

Al Gore: Again, came out smelling like roses.

Anonymous said...

I love Mike Gravel!

Rumpole said...

Al Gore is waiting in the wings. But if he wants to be president, its a dangerous game. Something would have to happen to several candidates to cause the party and the nation to rally around him. That has never happend before and probably will not happen this time.

One can see him slated for a Cabinet spot if the Dems win. Sec of Interior. Sec Of Energy. Even Sec of State if he was so inclined.

serious spell check said...

Rump:

Ault rapped or raped?

Senator Christopher Todd or Dodd?

Lay off the black and tans

Rumpole said...

You got me. In my defense. Todd to Dodd was a typo. I know the senator from Conn. Raped verus rapped- spelling error at 7am that the spell check didn't catch. Thanks for being a careful reader.

Wasn't hung over. Black and Tans better on a winter day with a nice roast lamb and some new potatos. I have been nipping at the Gentleman Jack, but not on Monday nights.

Anonymous said...

Coupla things rump de la rump-

Only a friend calls Richard Sharpie- after all this are you a federal lawyer?

reading the comments over the weekend, golfer Ernie Els really does look a bit like DUI superstar Bobby Reiff.

Joe Biden? Sort of a been there, done that guy. Last senator elected President (from the senate)
? JFK. Last former senator elected President? LBJ.

We tend to choose our Presidents from our Governors. Can anyone say Bill Richardson? Smart qualified guy. Just doesn't seem likely. Seems like Clinton, Obama Edwards on the Dem side. Fred Thompson, Rudy G, on the Rep side. In fact, that is probably the Republican ticket- Thompson/Guliani. Can't see them shaking the legacy of Bush. It's the Democrats election to loose. Obama seems a bit inexperienced. Probably the Veep. Edwards can't be counted out, and Clinton still suffers from high negatives. 51% love her/49% hate her. Doesn't seem like she would be the one to get the cross over votes. So you could be right, Biden/Obama, Edwards/Obama, Obama/Clinton, may be the way it shakes out.

Anonymous said...

obama has zero chance to become president of the united states, let alone win the ticket. it will be senator clinton and a southern dem as vp.

Anonymous said...

"Memo to both Clinton and Obama: time to come up with some different answers. Keep playing not to lose, and your not going to win."

I know it's rude to correct your typos, but it's "you're" not your.

Anonymous said...

The Democratic agenda -- socialized health care, weak on the war on terror and national defense, and for raising your taxes. I'll take a pass. Rudy in 2008!!!!!!

Batman said...

Obama tried to come across more forceful, but still lacked substance. Hillary was her usual superb self, handled the legacy issue very well and received applause. Gravel was always a gadfly, now he is a bafoon.

The best line of the night was Kucinich when asked to comment on the person to his left: "I think it is significant that there is noone to my left on this stage"

Biden is smart, but a loose cannon. Big gaff on the gun issue. It may have been funny at the moment, but he did not let it go, he kept on it.

Richardson is cool, but no chance. Too conservative for most Democrats.

Excuse me, but how stupid is it to advocate that illegal aliens should be included in any "universal" health care plan for US Citizens. Let's give them one more reason to come here illegally. Uh-duh.

Edwards shot himself in the foot by declaring he is against the use of nuclear power. Hillary and Obama roasted him by saying that nuclear power has to be included in the overall energy plan. They agreed with Edwards concerns, but believe that technology can be developed to deal with them (safety and waste disposal).

The truth is there is a reason the French have the cleanest air among the industrialized nations and is free of mid-east oil dependence. That answer is nuclear power. Since 3 Mile Island we have operated our nuclear power plants without incident and safely. Time to rethink this issue.

the trialmaster said...

the trialmaster never could vote for biden after the way he cheated in law school.

Rumpole said...

sheesh...this is pick on rumpole's grammar day. I know the "your" versus "you're" difference.Just running to court. But thanks for being vigilant.

Rumpole said...

CHECK OUT THE NEW POLLS. Have an idea for a poll? Send me an email.

Not Richard the Lionhearted. said...

1:22 The war on terror! You stupid moron! Terror is a tactic. You can't have a war against a tactic.

Here is an idea, maybe if you did not invade the wrong country for the wrong reason and then lie about it the people in that country would not hate you and your kin. Opps, too late for that.

Shoot yourself and save Osama the trouble.

Todd and in Charge said...

Biden's a likable guy but I'm fascinated by his mouth. In particular I like it when Biden flashes those wide, white choppers -- you just know the brain is about to disengage and the mouth about to take over. Yes, those choppers are a sure sign that Biden is about to embark on an astonishingly long, clause-filled verbal diversion, filled with personal asides, jokes, stories, heck even a few relevant points.

Rumpole said...

TOMORROW ON THE BLOG.
Go to doctor.
Go to the pharmacy.
Go to prison for 25 years.

That's the legal rationale of the AG's office and SAO for the 2nd District.

See what happened. Tomorrow- only on our humble blog.

ionq said...

LINDSAY LOHAN IN SECOND DUI BUST.

everybody now....

SOMEBODY CALL THE Q!!!!!!!!!

Anonymous said...

He's already on his way to Cali-forn-ny-a.

Coming soon: the real life story of DUI defense and one attorney's climb to the top of the heap:

"ON THE RISE: The story of DUI Defense in Miami, and How I became the best there ever was."

By: the Q.

Foreward by Bobby Reiff and Richard Essen: "He taught us everything we know."

Fake Scot Baio said...

Rumpy, you gotta admit it- wouldn't you like to take Lindsey Lohan to Vegas for a week and treat her like the bad little girl she is?

Anonymous said...

She is such a little hottie. I can't take it.

But those Bloom Pd's can take your mind off of her. They brighten my morning every day. Ahhhhhhh.

Anonymous said...

Unlike obiter dicta, the ratio decidendi is, as a general rule, binding on courts of lower jurisdiction--through the doctrine of stare decisis. Certain courts are able to overrule decisions of a court of co-ordinate jurisdiction--however out of interests of judicial comity they generally try to follow co-ordinate rationes.

The deft deployment of the ratio decidendi is one of the most powerful weapons in the lawyer's armoury. With a proper understanding of the ratio of a precedent, the advocate can in effect force a lower court to come to a decision which that court may otherwise be unwilling to make, considering the facts of the case.

From: "The law and you"
Lectures by The Q.

Anonymous said...

I am a humanitarian and the Left is dead to me.

Anonymous said...

God,there is nothing worse than a bunch of horny ole fat guys lusting after young female pulchritude. They are old enough to be your first wive's grandchild and think you are grose !

Anonymous said...

Who's that Ratio Decidendi dude? I've been in the Justice Building since 1976 and I haven't met him yet. But I guess the Q knows him.

Rumpole said...

7:54...hmmm. Ahem....Just who are you calling fat?

Anonymous said...

easy guys. the bloom pds are both taken. i made the mistake of making a move for one of them. in fact, the blond is dating the male blond pd in bloom...guess love was in bloom in that courtroom. find another courtroom to lust after the young ladies. there are plenty of other beautiful women in the reg.

IONQ said...

OMG...THE LEGEND CONTINUES

http://theqspeaks.blogspot.com/

Anonymous said...

I miss Pando. sort of. Same for Teretha Lundy Thomas.

Fake Doyle Brunson said...

Congratulations to our own Alex Michaels who finished 33rd in the World Series of Poker's Roumanian Stud tournament last week collecting a nice pay check of 24,500.00. In Roumanian stud, the players are each delt 4 cards face down and must bet on their hand. The players then must curse and yell at each other forcing another player to trade them a card. When each player has completed a trade, there is one more round of betting, and then the cards are layed on the table. The winner, a Bulgarian named Igor El Diablo Vonivtch, is a two time winner of the event. Alex lost on a hand where he was unable, despite calling the player next to him a sonofabitch, to obtain a 3rd 2, losing when he called an all in bet to a man who brow beat another player into giving him a ten for a straight.

Better luck next year alex!!!

Anonymous said...

Eight American students graduated from Medical school in Cuba yesterday. Castro gave the eight full scholarships with the condition that they come back to the US and provide medical care to those who could otherwise not afford it. Whether propoganda or not, it's pretty admirable.

Anonymous said...

what do you all think about judge lindsey? to me, she seems very fair but, a little gun shy. she needs to work on that.

now lets look at her challenger. has she ever tried a felony jury trial as a defense atty? has she ever done anything besides traffic tickets?

Anonymous said...

Ohhh it seems that BATMAN has gone from clueless pundit on judicial elections and selections to national
political pundit I hope he is not as clueless on these issue as he was on the others!

I think that instead of blogging he should devote his time to signing some orders, or was that privilege taken by one very attractive and competent Miami Beach judge?

Batman said...

To anonymous at 11:45 -

You assume I am or have been a judge.

Just because the name is "batMAN" You assume I am a male.

You assume I am not "competent and attractive". (My spouse thinks I am.)

You assume I have not been accurate about what I say. (I believe I have been.)

You assume too much.

"They" have guessed my identity to be Mark LeBan, Stan Blake, Larry Schwartz and many others.

Though I am not saying "they" are correct or incorrect, "they" are much closer than you are.

Most of all, I do not even know you, but already you insult me beyond redemption. Don't you know better than to try to guess who bloggers are?

See you in the dark alleys of the city. Ahh, but which one?

Anonymous said...

to 8:38 a.m.:

Judge Lindsey is a nice gal, probably very bright and I think she has the ability to make decisions, she just doesnt. She struggles with even the most ministerial rulings. And, like most judges with that affliction, when she does make a decision its a rubber stamp of a state objection.

A long time ago R. Hersch told me to give her a chance, she'll get better. Hasn't happened, little buddy. She's still a deer caught in the headlights.

A mind is a terrible thing to waste.

Anonymous said...

Re Moldof:

Rumpole's post on this is absolutely absurd. This guy tampered with a witness in a murder case and he gets the functional equivalent of a jaywalking ticket?

At best, Rundle's office got outmaneuvered. These are the guys that are going to investigate Seidlin and Zack? Good grief.

Jack Thompson, Attorney