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Tuesday, January 27, 2009

IGNORING THE LESSONS OF HISTORY

SAD UPDATE: Rabbitt At Rest. Author John Updike passed away today at 76. NY Times Obit here. 

UPDATE. (And at 7:20 am, perhaps the earliest update in our history.) This you gotta read. The Broward blog recounts the long sad tale of a defendant who stood up to the SAO. To make a long story short, after losing a PVH, winning a jury trial on the same charges, and doing 48 months in prison, the SAO waits until the defendant is released from prison before filing a one count misdemeanor battery charge related to the defendant being tased in court during his PVH sentencing. They just don't get the concept of justice in Broward, do they. The blog article is here. 

BTW- how they get away with tasering a defendant whose arms and legs are in chains is beyond me. 

From the discussion on sentencing yesterday, one of our dear readers saw fit to do a bit of research and post this gem: 

From Wilson v. State, 845 So. 2d 142 (Fla. 2003) "[t]he law is clear that any judicially imposed penalty which needlessly discourages assertion of the Fifth Amendment right not to plead guilty and deters the exercise of the Sixth Amendment right to demand a jury trial is patently unconstitutional. 

The case goes on to discuss that it is permissible to be lenient in exchange for a guilty plea, but it is not constitutional to impose a harsher penalty because the accused elected to proceed to trial.  Rumpole thanks the individual who took the time to do the research. 

Today we have the topic of "when government works" on our blogging mind. 

From the Secretary of Transportation's Report to Congress: "Over the past year, the domestic auto industry has experienced sharply reduced sales and profitability, largely indefinite layoffs, and increased market penetration by imports...The shift in consumer preferences towards smaller, more fuel efficient passenger cars and light trucks...appears to be permanent, and the industry will spend massive amounts of money to retool to produce the motor vehicles the public now wants...If this is not accomplished, the long term outlook for the industry is bleak."

That's what we like to see. Government in action. Private industry and government working hand in hand to improve efficiency, which in the long run helps industry remain profitable and that in turns keeps unemployment low.  Isn't this just the way things are supposed to work? Bravo to the Department of Transportation for a job well done!!!!

The date of that report?  1980.  Ouch. 

Say what you want about the auto industry. Just don't let them say they weren't warned. Just don't let them say events of the last year caught them by surprise.  The government told them. They didn't listen.  Sort of like most of our clients. And look where they end up. 

See you in court, grumpy, grouchy, and just overall not in the mood to be f'd with. 

ps. A blast of "cold arctic air" is headed for south florida and will arrive Friday night. Lows in the 40's, highs in the 60's. Bundle up for the weekend. And don't say you weren't warned. 

18 comments:

Rumpole said...

BTW- OUR FIRST LOCK OF THE SUPER BOWL. TAILS. you heard it here first. We called it right last year, and this year we've got it nailed down again. Tails.

Anonymous said...

YOU HEARD IT FIRST HERE:

Sen. Bill Nelson to recommend Michael Hanzman as the U.S. Attorney for the Southern District and he will not convene a newly appointed federal JNC. This will take place quickly and President Obama will make the appointment forthwith. Danny Gelber backs his former law school roommate for this spot as he makes his run for the open senate seat.

Anonymous said...

Gues the auto industry's respose can be summed up in three letters:
SUV

CAPTAIN said...

The Captain Reports:

per AP wire:

Judge Mark Ciavarella and Senior Judge Michael Conahan, "two Pennsylvania judges, agreed Monday to plead guilty to fraud charges accusing them of taking $2.6 million in kickbacks in return for placing juvenile offenders into certain detention facilities" and their plea agreements "call for sentences of more than seven years in prison." The "authorities say the judges took kickbacks between 2003 and 2007 in exchange for guaranteeing the placement of juvenile offenders into facilities operated by PA Child Care and Western PA Child Care LLC." The AP notes that "in some cases, Ciavarella ordered children into detention even when juvenile probation officers did not recommend it."

Cap Out ...

CAPTAIN said...

reported today in Chicago Tribune:

"The Supreme Court threw out a lawsuit Monday from a Los Angeles man who spent 24 years in prison for a murder he did not commit and ruled that county prosecutors are shielded from being sued, even if their management mistakes lead to mistaken convictions." The "'high court expanded the rule that prosecutors are immune from suits for any actions 'directly connected with the conduct of a trial'" and "said prosecutors should not have to work in fear that resentful crime suspects may sue them later."

Cap Out ...

CAPTAIN said...

The Supreme Court ...

The Child Online Protection Act, a federal law intended to restrict children's access to Internet pornography, died quietly Wednesday at the Supreme Court, more than 10 years after Congress overwhelmingly approved it. The law did not make it as far as a high court hearing. The justices rejected the government's final attempt to revive the law, turning away the appeal without comment. The American Civil Liberties Union led the challenge to the law on behalf of writers, artists and health educators.

-----

The Supreme Court on Monday issued five dissent-free opinions on key issues ranging from workplace discrimination to anti-dumping trade enforcement. The unanimous rulings continue a recent pattern that may be moving the Court closer to Chief Justice John Roberts Jr.'s stated goal of greater collegiality. So far this term, 10 of the 15 signed opinions have been unanimous.

Cap Out ...

Anonymous Liberal said...

Tom Friedman's book, Hot, Crowded, and Flat, has a Chapter on how in the 1980s Reagan eviscerated the energy efficiency requirements imposed by Carter in the late 70s.

CAPTAIN said...

Attorney Stephen Grimes of Holland & Knight’s Tallahassee office — one of two former Florida justices arguing for The Bar — acknowledged the state Constitution does not have specific language barring a lawyer in bad standing with The Bar from becoming a judge. However, he argued the Supreme Court has ruled in other cases that the constitutional language is used “unless you reach an unreasonable or an absurd result.” He said letting Abramson become a judge while his license is suspended is an absurd result.

That was the quote of the day in the closely watched Florida Supreme Court case of The State of Florida vs. Judge Abramson.

The question is 'whether Judge Abramson, currently serving a 91 day suspension, is qualified to sit as a Circuit Court Judge'?

Rumpole said...

-- This is the fourth Super Bowl in the last six years to have a point spread of seven. The favorites are 3-0 in those games, but only 1-2 against the spread. (Indianapolis covered against the Bears, while New England won but failed to cover in both of its recent victories.)

Anonymous said...

Rump!!! After all these years, I finally figured it out: SHUMIE IS THE WALRUS...COO COO KA CHU!!!!

Anonymous said...

Anybody run into this prosecutor O'Malley? Tough Irish kid from the Bronx. Making cracks about calling out the DUI guys. Says he's gonna wipe the floor with Reiff, Hersch and Weisman.

Anonymous said...

Never heard of him. Anyone know if it's true that Hersch has a Florida and national DUI podcast= once a week and costs $9.95 a month and is making a fortune?

Anonymous said...

As a prosecutor I can appreciate the enthusiasm, but I would prefer actually hearing about someone beating Reiff, Hersch or Catalano rather than talking about it.

Become of Fan of Judge Karen said...

If you have facebook add Judge Karen's TV show to your list of fans:

http://www.facebook.com/home.php?#/pages/Judge-Karen/43066979695?ref=mf

Wise Warren said...

Meanwhile, things are interesting in Tallahassee, too:
http://www.pensitoreview.com/2009/01/27/grand-jury-says-hell-yes-well-investigate-florida-house-speaker/

the trialmaster said...

the trialmaster never misses. take the steelers and give the 7. be assured, very assured.

Anonymous said...

Abramson's problems are not over. He has another discipline coming. In addition his lawyer admitted that the JQC has jurisdiction over events that occurred before he became a judge and the JQC will act. The problem is that neither of these events are sufficient for his removal from office.

Look for the Supreme Court to suspend him from office pending the JQC action. Then they will suspend him futher after his conviction.

Now it can be further complicated by the Supreme Court not ruling for a couple of weeks and Crist declaring that since the seat has been vacant for more than 30 days from the date Abramson was eligible to take office therefore it is open. He orders the JNC to nominate and he fills the seat with another candidate.

Look for the Quo Warranto action before the Supremes trying to remove the new judge claiming he is imporperly in possession of the office and asking for Abramson to be given his office back.

Is this a great state or what? This could be fun.

Anonymous said...

Give Abramson an R-rated TV judge show on HBO on some other channel. Let the litigants fight, drop f-bombs, etc. And let Abramson just throw all the shit back. Maybe Jerry Springer, or one of the big dudes on his show, can be the bailiff.