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, September 22, 2008

AT SEA


 We've used the Dolphins road trip this week to spend some time on our boat and hop over the Bahamas. The Florida September sky is so deep blue, and the warm sun has just a glint of the coolness that our small fall will bring. 

What we like to do is just turn off the engine and float. The dark blue waters and rich orange Sargasso grass lap up against the hull of the boat. After some time we hear a breath and turn around to see a large weathered loggerhead turtle who is as surprised to see us as we are to see him. Birds dive on bait fish and every now and then there is a large splash as a predator chases some food. 

It's really a world of wonder that we have inherited.  It would be such a tragedy if children born today will only be able to read about turtles and polar bears and other wonders that face extinction  But for yesterday and the weekend it was just a time to forget about motions and trials and pleas and take a deep breath and relax. 

Fall is always our favourite time of year. 

See You In Court, a bit tanned and much more relaxed. 

LEGAL UPDATE. We try to avoid the actual nuts and bolts of the law as much as possible, but with a big tip of the hat to the Broward Blog, we bring you this big Change in YOUTHFUL OFFENDER:

Effective October 1, 2008, section 958.04 is amended so that a YO sentence must be imposed before a defendant turns 21- this is a change from the prior language which required the offense to be committed before age 21.

If you have any clients who qualify for YO but are over 21 – you should think about pleading them before 10/1.  The argument after that date is that the change is substantive and therefore any offense committed before 10/1 is controlled by the prior statute- but you never know what the courts will do. 


RUMPOLE NOTES:  The rule of Lenity requires that statutes be interpreted in the light most favorable to a defendant. The Florida Legislature will be repealing that law shortly (and yes it is actually a law  in the Florida Statutes, and once the Legislature finds it they are sure to repeal it.) Yeah this is great- pile on young people and make things even tougher for them. What a great idea. 

7 comments:

Anonymous said...

By the way, does anyone happen to know how many days are left in Adrien's one and only term as judge? Is this putz for real or am I having a bad dream. I didn't think it was possible to make simple things so complicated until I have had to go in front of this mental midget. Also, another question, is it possible to set up a PAC to start collecting money for whoever is running against douchebag?

Anonymous said...

Looks like Rumpole de la Rumpole ala Lurvey spent the weekend celebrating his JOA with Shumie time Bahamas style. Yah Mahn.

FAKE VIC VEDMED said...

J...E...T....S...JETS JETS JETS

Anonymous said...

Rump--you may recall that I blew my entire client trust account on one of your Week 1 picks. But I still had faith in your selections, so I drained my IRA, 401(k) and investment accounts, and tapped out what I had left on my HELOC and put it all on the Steelers +3.5.

Needless to say, now I am broke and the Bar will be coming after me shortly, not to mention collection agencies and my many creditors. Any advice?

defense-lawyer-for-the-princess said...

Rump Master you have given me an idea, a pole on my yacht......

Breakfast will never be the same again.

Anonymous said...

5:26, undergo a sex change.

Anonymous said...

lurvey doesnt have a boat , Mel Black does.