There is no crime of attempted battery on a law enforcement officer. There. We said it. It's out in the open. And the 3rd District agrees here in Myers v. State.
Another reason that there is no crime of attempted battery of a police officer in Florida is that if you take a swing at a cop and miss they're going to beat you up so bad that they're bound to charge you with at least battery on a police officer.
But lets think about this for a minute: If you swing at a cop and miss, and the officer sees it and is in fear of your actions, that's assault. But lets say you sneak up behind officer Friendly with a big stick and rear back to hit him with it, but just before you do, officer Friendly's partner grabs the stick, wrestles you to the ground, and then as we said before, both officers beat you to a bloody pulp. There is no assault because officer Friendly didn't see the stick. Why wouldn't it be an attempted battery on a police officer?
Judge Nushin Sayfie joins the wall of shame for doing you know what (or not doing you know what) in Sanchez v. State.
Ditto Judge Soto in Malone v. State.
It's time to get serious about this. We will pay $100.00 cold hard cash plus the costs of ordering the transcript to the first lawyer to say to a judge something to the effect of "are you sure you want to deny this Rule 3 motion without a hearing and risk having Rumpole put you in the Hall of Shame on the blog?"
Ayn Rand wrote that "Contradictions don't exist. If you discover a contradiction, examine your premises."
Our premise: That Judges could learn from the repetitive opinions saying the same thing over and over: don't deny Rule 3 motions without either holding a hearing or attaching a portion of the record conclusively showing why the movant is not entitled to relief.
What we've learned: like an habitual offender who gets arrested while on probation, some groups of people will never learn.
See you in court.