Update: We just learned something today. Who is the only President to hold a patent?
Chief Judge runoff- February 12th, high noon. Judge Ivan Fernandez versus Judge Joel Brown. Details of the vote were faxed seperately to Rumpole last evening by judges Miller and Dennis-Espinosa.
If it's after Wednesday, and we don't have anything else to do then it's time for
3RD DCA ROUNDUP!!!!
In Martinez v. State, what is notable is what is absent in the opinion. A defendant filed a post conviction relief motion in January 2005. Nothing happened. In October 2008, the Defendant filed a petition for a writ of mandamus. The prosecution responded that the judge was ordering the transcript and reviewing the case. Nothing has since happened. Even the 3rd DCA Judges have a limit to their patience:
We ordered a supplemental response,
which now informs us that the judge was transferred out of the criminal division on
January 9, 2009. He evidently left the division without ruling on Martinez’s
motion. We must now await the new judge, who took over the division on January
12, 2009. The matter would then be brought to the new judge’s attention.
We believe four years is enough time to review and rule on a post-conviction
motion, and therefore issue the writ of mandamus, ordering the circuit court to rule
on this motion forthwith.
Rumpole says: OK folks, you can't find out who we are, but lets try and find out who the Judge is. He is a male; he just rotated out in January. First correct answer gets a prize.
Also let's play another game. Remember "Name That Tune"? For our robed readers out there, please write in: "I can review and rule on a post conviction motion in....." the answer so far is four plus years.
Here's another game: For years and years and years now the FLWs have been littered with this opinion (so we've heard):
Because the trial court denied relief without attaching records, we must
reverse and remand for attachment of records conclusively showing that the
appellant is not entitled to any relief or an evidentiary hearing.
We're now going to start posting the names of Judges who cannot, even after all this time, follow this rule. Maybe public shaming will d0 the trick.
Judge Eig in Jackson v. State.
Judges Julio Jimenez and Mark King Leban in Dunn v. State.
Judge Soto in Lucien v. State.
We know that scut/grunt work like reading transcripts and attaching portions of records are not what you signed up for when you became a Judge. That is beneath you. That's for lawyers to do. You have more important things to do. Joes is closing soon, and there are all those sales going on at Bal Harbour. But unfortunately the 3rd DCA is not going to back down on this, and we're getting tired of reading that same damn opinion over and over again, and think of all the trees you'll save by reducing the size of the FLWs. Why maybe even Al Gore will give you a shout out.
Be warned robed readers, we're going to sink our teeth into this like a Judge getting a free order of Jumbos at Joes.
See You in court.