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Wednesday, August 12, 2009

3rd DCA ROUNDUP

UPDATE: Miami's most famous impaired driver- Cleveland Browns Wide receiver Donte "30days" Stallworth has been suspended by the NFL for one season. Put another way, the NFL imposed a penalty 12 times more severe than the Dade State Attorneys Office believed this Manslaughter was worth.  

In a letter to Stallworth made public Thursday, commissioner Roger Goodell said, "I believe that further consequences are necessary" in addition to the punishment handed down by the legal system.
(Rumpole says: Really? 30 days was not enough for Goodell?)

Apparently being an NFL football player is less impressive to the NFL than to the Dade SAO. They don't have a very good record against the NFL do they? Sort of like the Lions playing the Steelers. 

It's time again for our Third DCA roundup. Defendant's keep filing appeals, and they keep denying them.

It's a long hot summer and it's obvious our overworked judges at the 3rd DCA are
taking some well deserved time off.

Only one case merits our discussion:


Hutchinsion v State. This case caught our eye for two reasons. 1) Did you know that you can file a motion for post conviction relief beyond the two year time period if you first file a motion pursuant to 3.05(2) and ask for an extension of time to file a 3.850 motion if you demonstrate good cause for missing the original deadline? We didn't, but now we do.

Also not to be missed is Judge Rothenberg's ringing endorsement of plea agreements:

The importance of the availability of plea agreements (to defendants, the

State, the courts, and our system of justice) cannot be overstated. All parties to a

plea negotiation must be held to the terms of the finalized agreement.

10 comments:

Anonymous said...

Oh Damn, the princess bitch of conservatism has written an opinion guaranteeing that a guy who was screwed by an incompetent colleague of the webmaster, an equally (apparently) judge, and an unethical ASA will be given justice. Make sure you don't give her too much credit or you might be tossed out of the Obama Philosopher King Club.

Anonymous said...

Rumpole in 16 years of doing post conviction work, I have never seen an extension either asked for or granted under rule 3.05. But interesting nontheless.

Anonymous said...

News Flash: Everyone's favorite drunk driver Donte Stallworth is suspended for the entire 2009 NFL season. Roger Goodell for Miami-Dade State Attorney.

With no training, practices or NFL travel, how long until he violates house arrest? I say three months.

Anonymous said...

That opinion is actually very interesting and encouraging in terms of holding people to a deal....all too often ASAs come in and back out of deals that have been reached because they are not the prosecutor that was involved when the deal was done.

Anonymous said...

"...the princess b**** of conservatism..."

I am no fan of Rottenberger, but using profane name's like the "B" word to describe a woman and a Judge at that, is beyond appropriate.

Rumpole, you have a double standard.

Anonymous said...

Has Kathy Rundle or her underlings ever provided an explanation of why Stallworth only received 30 days? I mean something beyond "every case must be judged on its merits" nonsense?

Anonymous said...

And speaking of the dead, would Arthur Snyder have gone along with the State and given Stallworth 30 days? I do not think so.

Anonymous said...

Why did Stallworth get only 30 days- because he got lucky and got the most incompetent prosecutor Patrick Trese.

Trese is a complete idiot and every one knows it at the State. On the other hand, he probably just followed orders of his higher ups since he is incapable of thinking for himself.

Anonymous said...

when a pedestrian darts into traffic and runs in front of a moving automobile miscalculating that he can outrun it, chances are he's going to get killed, whether the driver is sober or not. y'all 30-day harpies are driving me crazy...

Anonymous said...

The fact is that Donte got screwed because he was a public fugure and rich. Also, he was screwed because he had been drinking. Had teh driver of teh car been sober, the guy still would have been dead based on wher and when he chose to run for the bus.
As it turned out, the personal tragedy brought in beaucoups bucks for the deceased's family, and this young kid has been screwed. The only redeeming part of the story is that it was before Judge Murphy who is strong enough to do what is right even in the face of the outrage of the media, and that Kathy's public relations windsock appears to have been on vacation.