3rd DCA ROUNDUP

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.