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. THIS BLOG HAS BEEN CALLED "THE DEFINITIVE BLOG ON MIAMI CRIMINAL LAW" BY THE NY TIMES, THE WASHINGTON POST, THE POPE, AND DONALD TRUMP WHO ALSO ONCE SAID IT WAS "REALLY GREAT". POST YOUR COMMENTS, OR SEND RUMPOLE A PRIVATE EMAIL AT HOWARDROARK21@GMAIL.COM

Wednesday, October 01, 2008

TOUGH TIMES AND TRANSMOGRIFIED TIPS

JUDGE RICKY POLSTON OF THE FIRST DCA

Lawyers delivering pizzas, tending bar, working as doormen or construction workers. Tough times are here for the legal profession. Coming out of law school tens of thousands of dollars in debt with the myth of 150K jobs disappearing and being replaced with $38,500.00 starting jobs with legal aid or part time contract work with firms, lawyers are doing what they have to do to pay their rent, their loans, and take care of their families. 

The title of the post links to the Law dot com article. 

With the end of many banks and wall street investment banks, must invariably come the end of lucrative legal accounts. Big firms will continue to downsize, and the end result is among other things, more unqualified lawyers will look with envy at that 150K job, with insurance and two sets of black robes. 


This case comes from our District. The Third DCA was reversed. 
 "Transmogrified tips" are not kosher in Florida. 


The conclusion of the Third District that the seizure of Baptiste was 

constitutional because the anonymous tipster was “transmogrified” into a citizen 

informant when he came forward only after Baptiste was stopped at gunpoint—and 

then disappeared and remains anonymous—is contrary to existing law, and the 

Third District’s reliance on citizen-informant cases is misplaced.  Our United 

States Supreme Court has made clear that officers must possess reasonable 

suspicion at the time of the seizure, and events that transpire after the seizure may 

not be utilized in determining reasonable suspicion.  See Hiibel, 542 U.S. at 178; 

J.L., 529 U.S. at 271.   


Any lawyers want to step forward and take credit for the case?

We are available to represent the defendants in this matter if apprehended. Pro Bono. Just because we care. 

See You In Court Transmogrifying prosecutors.



10 comments:

word of the day guyz said...

WORD OF THE DAY! courtesy of Rumpole.

Transmogrify:to change in appearance or form, esp. strangely or grotesquely; transform.

Use: The Judge Transmogrified right before my eyes when I told her my client wanted a trial.

Anonymous said...

I would love to represent the "topless bandits"......and I don't have a law degree!

Anonymous said...

Rump, many of us in the REG are doing just fine in this economy. We just undercut more than we used to do. You know, misdemeanors for $350 and felonies for $750. Not much work on the cases, but hey, it's a living.

Anonymous said...

I am a male gay lawyer.

You can have that one.

eyeonshellyschwartz said...

The question is : what would he do for a Klondike Bar?

Rumpole said...

somebody asked about whether a Judge had an accident this weekend and lost her/his eyesight. I'm not printing the comment, but I repeat it here without the Judge's name.

Wise Warren said...

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Do NOT Vote!! said...

http://www.youtube.com/watch?v=0vtHwWReGU0

Rumpole, can you place this video on a main topic posting.

Friends from Hollywood, CA

CAPTAIN said...

THE CAPTAIN REPORTS:

Rumpole, you may want to add this information to the front page about that recent opinion by the Florida Supreme Court.

State v. George Baptiste, F04-38739

Filed in December of 2004. In June of 2005, the Motion To Suppress filed by the PD was Denied by the Judge. The case went to trial in August of 2005 and the defendant was found Guilty of Possession of F/A by Conv. Felon.

It appears that the PD was Jason Pensky and the sentencing Judge was Jiminez who gave the defendant 15 years on October 11, 2005.

Appeal filed by the PD in November of 2005. Handled by Colleen Brady Ward.

July 2007, 3rd DCA J/Schwartz, Ramirez, & Lagoa; Affirmed the denial of the MTS.

September of 2008, Florida Supreme Court, in a 5-2 decision, Reversed the 3rd DCA (and the trial court).

The defendant is in the Florida DOC serving his 15 years. He is 49years old. Looks like he will be getting out any day now.

Great job by, it appears, by Jason Pensky in filing and arguing the initial MTS and to Colleen Brady Ward with her win at the Fla. Sup. Ct.

Pensky is now with Pensky & Ward; (both are former PD's.).

Cap Out.....

Jason Pensky said...

In regards to the Baptiste ruling, thank you for the accolades. I am now with the firm of Pensky & Kim. Although I was in Judge Ward's courtroom for 18 months when I was with the Public Defenders Office.