The 3rd DCA (Motto in criminal appeals: "PCA AFFIRMED!") has a new Chief Judge: Former Miami private practitioner and former Miami Circuit Court Judge Juan Ramirez. Congratulations.
Here's our request: less PCA's. If we're going to lose, tell us why.
And now...on with the show.
JS v. State: shows all the reasons why it is entirely useless to interview a witness in the hallway outside of court prior to trial.
Joseph v. State: Judge Tinkler Mendez (who has previously made the hall of fame) now is in the hall of shame for denying a post conviction motion without attaching portions of the record.
DOUBLE Ditto for Judge Pinero in Francois v. State.
and Blake v. State.
State v. Head re-affirms the long standing rule that polygraphs are inadmissible unless both parties agree. Rumpole notes they will never unleash that Genie from the bottle as it will turn jurisprudence on it's "head".
Young v. State- the 3rd recedes from "some ill advised dicta in Gaskin v. State" and affirms the existence of Burglary with the underlying crime resisting without violence.
Rumpole says "thank you" to Judge Sheldon Schwartz and the traffic attorneys for giving us some lively discussion in the middle of the dog days of summer.