Friday, June 12, 2009


Quiet week at the 3rd DCA. Not much to report except these three gems:

Braggs v. State.  Generic case law here on the issue of Melbourne and striking jurors during voire dire. BUT- talk about pulling victory from the jaws of defeat!! The court initially reversed the conviction because the trial judge left out parts of the mandated “Melbourne analysis”. But after reading the opinion the prosecutor contacted the court reporter who reviewed her notes and the transcript and realized the typist left out many words and phrases during the trial court’s ruling on the striking of the juror. With the new transcript, the prosecution filed a motion for a re-hearing and the 3rd DCA quickly reversed their reversal and affirmed. (try saying that 3 time fast). 

Harvey v. State-  Friend of the blog Judge Barzee-Flores was reversed when the 3rd DCA ruled that a defendant being held in custody and out of state is entitled to have the time period for filing a rule 3 motion tolled until the time he or she is returned to Florida. 

If you have to get reversed, this is the kind of reversal judges can live with. 

Harris v. State a/ka “don’t Mess with the 3rd”: The 3rd denied a successive Rule 3.800 motion to correct sentence and reminded  the defendant that filing repetitive and frivolous post conviction motions “may result in loss of gain time.” Kaboom.

 “You talkin to me?”

“Do you feel lucky today punk? Well, do ya?”  

“Yipeee kai aaaa mother f’er.” 

Name your favourite movie tough guy tag line and insert it here when dealing with the 3rd. Personally, we only file frivolous appeals according to a certain retired Judge who lets us know his position on our briefs during oral argument. 

CHAOS: This is totally off blog, but if you read the NY Times during voire dire like we do, then you have been following the total chaos in which the NY State Senate has fallen into. In a nut shell,  Senate Republicans, who lost control of the Senate earlier this year after decades of rule, were able to lure two dissatisfied Democrats- one who is under indictment for slashing his companion with broken glass, and one who is under investigation for campaign finance violations. With the two turncoats in two, (and having made the campaign finance guy the Speaker) the Republicans called for a vote and ousted the Senate Democratic leadership. That was about a week ago. The Democrats left, and took the keys to the Senate Chamber with them, and that's where it sits in Albany. 


Anonymous said...

hey "anonymous" 3:13 pm; could you be any more of an asshole if you really tried.

David chimes in whenever he feels it's warranted, and he signs his name.

You chime in whenever you want to act like an ass - and you do it anonymously.

That the biggest problem with blogs! It encourages anonymity and assholes - and you scored on both.

Anonymous said...

good point; but wrong blog dipshit.

Anonymous said...

11:22 -

You're right. But David is an ass-kisser on this blog.

Anonymous said...

Charles Bronson in Death Wish II

Bronson: You believe in Jesus?
Thug: Yes, I do.
Bronson: Well, you're gonna meet him.

Boom, shot dead.

Rumor has it that this is also repeated to every defendant before they "Resist with Violence" in Aventura, Hialeah and Sweetwater.

Anonymous said...

are you stoned or stupid? judge bagley is the dumbest most pro government judge that I have ever litigated before. Go get your head examined.

Anonymous said...

blah blah blah whine whine whine

Anonymous said...

It has recently come to my attention that Rod Vereen, a young star in our humble little profession, has decided to hang up the spurs to run for US house of representatives.

Anonymous said...

I was in the "pits" in front of Judge Bagley for a year in a half. Always got a fair hearing . He treated me and my clients with respect. Yes he is strict but he knows the law. I liked him personaly, also.
D. Sisselman
P.S. I maybe a ass-kisser but I tell the truth, I tell my opinion AND I SIGN MY NAME

Anonymous said...

he knows the law? david, give it a rest.
but im glad you admit that you kiss ass.

My Two Sons said...


Anonymous said...

The cat killer has finally been arrested and faces multiple felony counts of cruelty to animals and burglary as well as misdemeanor counts of improper disposition of dead animals. Somebody call the Q!!!

Anonymous said...

Miami man starts petition to fire OK Trooper Martin.

Anonymous said...

the cutler bay police should be careful not to make too much press for the cat killer. it may create a copy-cat killer. haha

Anonymous said...

Maybe he should have been charged with "litter"-ing".

Are we sure it was not a Chinese chef?

I still don't think that all the suspects have been looked at. How about Tweety, Speedy Gonzalez, Jerry or Yosemite Sam.