Heat index update: 46% of respondents say coats and ties should be optional in the summer time. In court today, saw 7 more male judges sans tie on the bench. Come on guys, what's sauce for the goose...
SUPER UPDATE: WE'VE MADE THE BIG TIME!!! Herewith is an excerpt from Judge Gold's exceptionally well reasoned opinion in Ranck v Rundle:
On May 5, 2008, Plaintiff made public the Memo by posting it on a blog he created and sending a link to his posting to the Justice Building blog, a well known public forum
used by lawyers practicing criminal law in Dade County. [DE 1, ¶ 44].
Ahem....."well known"...."superbly written" was probably mistakenly edited out by a clerk at the last minute.
BREAKING BLOG NEWS: As you wander the hallways of the REGJB today (Thursday) don't be surprised when someone says "It's a bird! It's a plane!! NO- It's SUPER LAWYER DAVID MARKUS!!!" Yes dear readers, the hallways of our humble courthouse will be blessed and honored today as a true superstar of the legal profession comes over here to show us how it's done.
(you did ask us to say "hello" David.)
If it's sometime after Wednesday, it's time for.....
Ward v. State: After bouncing between the 3rd DCA and the Supremes, the court's of Florida have reached this startling decision: in order to sentence a person as a prison release reoffender, the state must introduce something more than " a department of corrections letter" (whatever that is).
State v. Waters. Guy steals almost a million bucks from a bank. Guy's lawyer (David Rothman) does a great job negotiating with the bank for restitution and then convinces former Judge Perez to go below the state's plea offer of 6 years and gets 6 months CTS, probation, and restitution. NB: The guidelines are 108 years!!!!
Enter Judge Rothenberg, who rarely sees a downward departure she likes. And this was like shooting fish in the barrel for her. Imagine a scheme to defraud a bank that involves setting up shell corporations in Mississippi with a name similar to a law firm in Miami, and then appropriating an escrow check made out to the law firm and putting it in the Mississippi corporation. And now imagine a judge issuing a downward departure based on the "unsophisticated manner" in which the scheme was deployed. Now imagine Judge Rothenberg's opinion reversing the downward departure. Ouch. Plus the case is returned for trial with one pissed off prosecutor and the guidelines are 108 years. Double ouch!!
Rivero v. State. Judge Schlessinger joins the wall of FAME for doing his job and issuing a ruling in denying a motion for post conviction relief that was supported by the record.
Tapanes v. State. Ditto for Judge Reemberto Diaz.