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, January 14, 2008

OUCH

A couple of us are saying "ouch" today.

First Rumpole, utterly beaten on Sunday, picked both games incorrect, after picking both Saturday playoff games correctly.


Not only did this hurt, but we didn't see it coming, it was totally unexpected, and we'd probably make the same bets again. Sunday was just "one of those days." Ouch.
There is now only one sensible and reasonable thing to do: double the bets for next week to make up for our loses.



And Judge Spencer EIg is also saying "ouch" as he was spanked by the Third DCA for his bond antics. The decision is here: SPANKED


As near as we can figure, Judge Eig set a bond, then wanted to modify the bond at a later hearing sua sponte (Latin for "the judge is acting crazy again.") and then when the public defender objected and said s/he would appeal, the Judge then took the defendant into custody and re-set the bond at one million dollars.
Lesson learned: The Third DCA doesn't like it when Judges act petulant and set million dollar bonds after first setting a reasonable bond.
How it will be applied in the REGJB: No more initial reasonable bonds.
OUR BUILDING WOULD BE EMPTY:
And with a tip of the hat to the Broward Blog, we post this LINK
to the story of a Washington State Court Judge who resigned after her affair with a Public Defender in her courtroom became public.
Lest any of our robed readers express outrage, let s/he who has not sinned cast the first stone against that glass house.
Our thoroughly un-scientific opinion is that if everyone in our little courthouse resigned for that reason, it would be an awfully lonely place for hacks like us.
See You In Court, where no judge has ever had to resign because of us. (Of course, to borrow a Woody Allen line, the PD was just doing to the Judge what she had been doing to his clients.)

36 comments:

Anonymous said...

Someone posted Harvey Ruvin's Campaign report that showed Bob Levy contributed $500 to his Campaign. I always though that Levy gets paid for his consultation services? So why would he give money that just seems odd. Is Ruvin in need of this special interest money to win?

Just had a quick thought on that...

Anonymous said...

Can someone tell Judge Eig to stop being vindictive? You can't retaliate against someone because the person intends to appeal your ruling.

Anonymous said...

Hats off to John Eddy Morrison for having the courage and the fortitude to appeal Judge Eig so quickly. Good job. Maybe this will teach Judge Eig to chill out and know that there are rules.

In one instance, Judge Eig attempted to revoke my client's bond because the State filed a lower charge than the charge he was initially arrested on. What sense does that make? We talked him out of it. Pre-trial services told me (off the record) that Eig does crazy unenforceable things like that all the time. They just ignore him and do things the way they should be done. Thank you for reasonable people.

Anonymous said...

Re the Bob Levy contribution. If that surprises you, perhaps you would be surprised to learn of the vastly different sums that some consultants charge candidates from "free" to discounted, to non-discounted....and often they accept payment at the end so that their participation in the campaign doesn't show up in the campaign reports until much later and/or to keep the appearance of expenditures down for as long as possible. Ain't politics in Dade grand? Fake Anonymous

fake eig to fake blake said...

OY!! The blog is giving me tsuris. Any suggestions? What a pain in tuchis.!!!

CAPTAIN said...

THE CAPTAIN REPORTS:

to 3:17 PM .... Bond Revoked ????

It may surprise you to know that what Eig attempted to do in your case occurs daily to our friends "North of the Border".

When a case is filed by Information in Court, and there are ANY changes whatsoever to the original arrest charges, then there is an automatic CAPIAS issued on the defendant.

For example. Defendant gets arrested for Second Degree Grand Theft, $20,000 - 99,999. He bonds out of jail. The State prefiles the case and files an Information charging the Defendant with Third Degree Grand Theft, $300 - $19,999.

Believe it or not, a CAPIAS will be issued on the defendant and he is subject to be taken into custody on the NEW charge.

At the Arraignment, if you were silly enough to File a Notice Of Appearance before Arraignment, and then NOT appear on Arraignment day, then there will an outstanding CAPIAS on file and your client will be arrested.

The origins of this come from complaints from the BONDSMEN. They were smart enough to argue that they were automatically discharged from the arresting charge when the State filed a new charge (Grand Theft 3rd) and basically abandoned the old charge (Grand Theft 2nd). They were off the hook and there was therefore no bonding agent on the new charge. So, the court reasoned, they had to issue a CAPIAS on the case.

No warning, no discussion before issuing the CAPIAS, just simply done.

The only legal way to hold the bondsman accountable for the new charge, is to bring them into court and have them swear under oath that they will accept the defendant on the "new" charge.

Keep this in mind the next time you venture North Of The Border!!!

CAPTAIN OUT .............

Anonymous said...

Sadly, Eleanor Schockett, retired Circuit Court Judge has passed away.

Anonymous said...

"Hats off to John Eddy Morrison for having the courage and the fortitude to appeal Judge Eig so quickly." HUH? That's his job.

Anonymous said...

State of Florida v. Arthur Lee Creech

F07027923

Count 1: Lewd and Lascivious Molestation of a Child

Count 2: Lewd and Lascivious Molestation of a Child

Count 3: Lewd and Lascivious Molestation of a Child

Anonymous said...

Eleanor was one of the worst judges in the history of Dade County.

I am sorry for the loss to the family but, she was a real bad judge.

fake ted mastos said...

Now umm...(smack chomp) just you hang there one sex..err sec...second that is. (chomp chomp) Perhaps a defense continuance?
err...umm...(chomp chomp)

blog crier said...

Former Judge Schockett passes away.

Rump loses his shirt yesterday.

The role of fake Peckins to be played by Fake Matters tonight as we continue to try and straighten out the swirling Peckins rumors.

Million dollar bonds now referred to in courthouse lingo as "Eiged" as in: "Did they revoke your client's bond?" "Nah- just raised it to an Eig."

In rare cases "Eig" is substituted for any reference to a million, as in "I got a big case today. The client's came in and I quoted an Eig and they paid half an Eig now. I'm set."

fake blake to fake eig said...

Don't get your kischkies all ruffled. You've got spilkes. Settle down and just read the blog like I do once every (cough cough) two weeks.

Anonymous said...

memo to harvey ruvin:

if you want my vote, correct the following two probels;

1) please have a zerox machine in the clerks office that works. biggest city in the state, tons of cases, no working zerox since i have been a lawyer (4 years). that fu**in machine never has any change, so unless i carry a bag of quarters, its useless.

2) send me my court notices PRIOR to the date of the hearing. i think that one is self explanatory.

if these ambitious goals can be added to your agenda, you got my vote.

shumie's dog said...

Eiggggrrrrrr......ruff ruff.

Anonymous said...

John Morrison is one of those attorneys in Miami that practices law the way it should be, he is not a good attorney, he is a GREAT attorney. Only a few dozen lawyers and judges know this. He is not one to boast, he doesn't hand in the courthouse , sipping coffee, badmouthing others to pump himself up. There are a few lawyers like him at the sao, pd, and pcac list. Rubin, Matos,Brill and Adams at the sao come to mind, the appellate division at the pd. The Judges know who the best attorneys are, they are the ones assigned the impossible 3 year old cases. See who get the Taylor case a year from now when 2 codefendants have plead, the confession is suppressed, and theprivate money has run out. There is atopic for you RUMPOLE, name 10 attorneys that are respected if not feared who are anonymous. There are 20 pcac attorneys being paid shit who could outtry Eiglarsh in their sleep. now lets see how many people trash the pd for being a great, not good, lawyer.P.S. the reason lawyers like that stay in government is because not everyone knows or succeeds in getting middle class and poor people t o mortgage thier future to pay for the defense of an arrested relative.

Anonymous said...

I have to agree about Judge Shockett. A very nice lady. Meant well. Worked hard. High moral caliber.

...Happened to be a terrible judge.

Anonymous said...

Eig does do crazy things all the time, to defendants and the State. I know if a defendant shows up in court with a boyfriend or girlfriend, he'll give a reset date and offer them a lower plea if they come back married. He's an equal opportunity nutjob.

Anonymous said...

Memo to Harvey Ruvin:

I have to travel 3 floors to the Court house library to purchase a copy card when the f**king xerox machine is on the first floor next to a half a dozen court clerks - who are asked over and over why can't I just get some quarters from you - and - why can't I just but that copy card from you.

If I have to climb those Flager Street Court house stairs one more time to refill my copy card I will just vote you out of office!

blog crier said...

BRITNEY LOSES CUSTODY OF KIDS (somebody call the Q!!!)

PADILLA TO LEARN HIS FATE THIS WEEK

Anonymous said...

Agreed. Without mentioning my own name, I get results that will compare to any atty in the building. As a former ASA, I know what ASAs will respond to. But I dont schmooze in Au Bon Pain all day, don't boost myself with TV appearances and self placed quotes in the Herald. I just get my results, my clients love me for it and prosecutors are routinely telling me, "If I ever get arrested, I'm calling you, because you have an uncanny ability to make problems disappear." I'm in the Reemberto Diaz mold, not the Sharpstein/Eiglarsh mold.

fake peckins said...

Rumpy, after all these years I still just can't believe that one man, with a cheap Italian Manlicher-Carcano rifle fired three shots within 9 seconds (acutally 8.4 seconds based on the Zapruder film) especially since the rifle cannot be fired quicker than once per 2.3 seconds, and that's by an expert.

It just bothers me. There had to be a second gunman.

Anonymous said...

It's amazing how many assholes frequent this blog. Shockett passes away and two people have to slam her for being a lousy judge. Wonderful. Did it make you two feel any better? Did you somehow gain something by bashing her? SHE'S DEAD. What the hell is wrong with you guys? Show some damn respect for her family and friends.

Anonymous said...

what were eigs qualifications to be appointed other than working for team elian?

Anonymous said...

good for you john morrison. i am a former dade asa who rarely has sympathy for defendant's but what this judge did smacks of justice in a country like iran

fake conspiracy expert said...

Dear fake Peckins:
The first shot was at time ZERO. You only have to fire shots 2 + 3 in 8plus seconds. Even you can do it.

Anonymous said...

9:34 pm:

Besides the crap Italian rifle, what always bothered me about the lone gunman theory was the ammo. Unless Oswald handloaded his ammo so each round was prime high-velocity - and there's no claim that he ever did so - he used WW2 original issue 20 year old deteriorated ammo that would have sent the bullets all over the place.

Yet according to the Warren Commission he nailed a moving JFK 2out of 3 shots. Sounds impossible without a pristine weapon, handloaded ammo - and an expert marksman which Oswald wasn't.

Anonymous said...

No doubt Morrison is a fine attorney. But c'mon guys this was essentially a run of the mill Habeus Corpus appeal. It was not exactly legal rocket science.

Anonymous said...

5:55, don't be so angry, we all respect your stay in government. Smile, it's ok.

9:30, you are the best lawyer in the building, I think you should print out your comment and hand it out to your clients.

And to both of you, why don't you enjoy some coffee in Au Bon Pain.

fake peckins said...

Conspiracy expert- 3 shots 8 seconds. probably closer to 6 second. so shot 1 at 0 -an expert takes 2.8 secs- OSwald missed his first shot IF you buy the magic bullet theory- so then, with the car moving away, he nails two shots with .4 seconds to spare, including a head shot, for a guy in the Marines who shot plenty of maggies drawers (missed the target) and barely qualified when he did qualify.

Plus as my colleague points out- unless he hand loaded the ammo, no way that bullet shatters the president's head, hits Connely's rib, lodges in his thigh, and turns up nearly perfect at the hospital.

CROSS FIRE KILLED THE PRESIDENT.

old guy said...

...and the cross-fire bullet went where? Metal fragments, brain matter, bone -- or did the laws of physics not aplly to Dealey Plaza that day? IDIOT !!`

TO FAKE PECKINS. said...

that will be a withhold and four hours of traffic school. next!

Anonymous said...

Eig is a clown. he was a gutless mean spritied INS lackey and got his teeth kicked in and ran from trial when he was "loaned" to the USAO. he was mean spirited to the have-nots and downtrodden. a truly weak trait. his rabbi would be dissapointed.

Anonymous said...

Fake Peckins wishes a fake person could capitalize on all this name time on the Blog. Real Peckins won't take my calls. I want to assure him that "fakery" is the sincerist form of flattery. Al Flak, Publicist for Fake Peckins

Anonymous said...

To set the record straight, Manuel Alvarez wrote the initial writ against Eig and Morrison followed up with the response when he was out of town. Both attorneys deserve the credit.

Anonymous said...

State of Florida v. Arthur Lee Creech

F07027923

Count 1: Lewd and Lascivious Molestation of a Child

Count 2: Lewd and Lascivious Molestation of a Child

Count 3: Lewd and Lascivious Molestation of a Child

Monday, January 14, 2008 4:43:00 PM

Someone really needs to check this defendents past.......... This is not the first time he should have been charged........ Maybe this time he will get what he deserves.............