WELCOME TO THE OFFICIAL RICHARD E GERSTEIN JUSTICE BUILDING BLOG. THIS BLOG IS DEDICATED TO JUSTICE BUILDING RUMOR, HUMOR, AND A DISCUSSION ABOUT AND BETWEEN THE JUDGES, LAWYERS AND THE DEDICATED SUPPORT STAFF, CLERKS, COURT REPORTERS, AND CORRECTIONAL OFFICERS WHO LABOR IN THE WORLD OF MIAMI'S CRIMINAL JUSTICE. POST YOUR COMMENTS, OR SEND RUMPOLE A PRIVATE EMAIL AT HOWARDROARK21@GMAIL.COM

Wednesday, August 19, 2009

3rd DCA ROUNDUP

UPDATE: If you want to understand what end of life care is, and not be frightened by the nonsense of "death panels"read this NY Times article on Palliative care. We should all be so luck at the end of our lives to receive compassionate palliative care.

The worst thing that could personally happen to these morons like Sarah Palin is to have body/spirit breaking aggressive medical treatment at the end of their life. Unfortunately for the (hopefully small) percentage of the US Public that considers her a leader on this issue, Palin won't understand the folly of her ideas until she's dying. Then she'll know.

THE EMPIRE STRIKES BACK EDITION.

From James v. State, Judge Shephard, somewhat upset:

On August 24, 1999, Derrick James was sentenced to twenty years in state

prison as a habitual felony offender and prison releasee reoffender for burglary of

an unoccupied dwelling and grand theft. Since then, he has peppered the trial court

and this Court with post-trial motions, petitions, or appeals, almost faster than we

or the trial court could respond.


We fervently disagree with James’ assertion that he has acted in good

faith. We do conclude he has exhausted his post-conviction remedies and certainly

has exhausted us in the process.


(Here's comes the hammer:)

We further direct the Clerk to forward a certified copy of this opinion to the Department of

Corrections for consideration by that institution of disciplinary measures against

James pursuant to sections 944.279(1) and 944.28(2)(a), Florida Statutes (2008),

for the filing of a frivolous appeal.


Alonso v. State- Got a speedy trial question? Here's a speedy answer:

(Hint- the rule may say "speedy trial" but the rule of thumb is wait a day or so just to be sure.)


Silvio Alonso got himself arrested for drug trafficking. On THE LAST DAY of the speedy trial demand period his lawyers filed a Notice of Expiration. The court concluded the notice of expiration was premature and struck it. The 3rd DCA affirmed.


Poor Silvio. His lawyers were a wee bit anxious. Rumpole's rule of litigation: when in doubt, wait a day to be sure.


Don't make this mistake folks. If the speedy trial period applicable to your case expires on say the 15th of the month. File the NOE on the 16th, notwithstanding the plain language of the statute that says you can file the NOE "on or after" the date of expiration of the time period.


See you in court, where patience is a virtue.







13 comments:

CAPTAIN said...

THE CAPTAIN REPORTS:

Under the categories of either:

I'm not making this up, or, aren't you glad you chose criminal defense work?

"We may have to scan the dockets of the largest bankruptcies in recent U.S. history to see if any of them produced so much legal work as quickly as the Lehman Brothers Chapter 11 has since the bank filed for bankruptcy.

Weil, Gotshal & Manges filed it second application for legal fees and expenses late Monday, and, if approved, the firm will have crossed the $100 million mark in total billings.

The second application covers four months--Feb. 1 through May 31--and it comes just a few days after Judge James Peck of federal bankruptcy court in Manhattan approved Weil's initial request for about $55 million in fees and expenses for the period of Sept. 15, 2008 through January of this year.

The newest application says Weil lawyers billed more than 86,000 hours over those four months, which breaks down roughly to 700 or so hours per day, seven days a week. Wow. And there is a ton of work to be done. The firm is unwinding tens of thousands of derivatives contracts, trying to track down borrowers who owe Lehman and working on more than a dozen transactions in which Lehman will unload (or has already unloaded) some of its most-prized assets in order to raise cash.

The winner for biggest biller? That would be a collection of six London-based partners billing $1,005 per hour after exchange rates, a smidgen higher than Weil's bankruptcy chair, Harvey Miller, who is billing $950an hour."

Cap Out ....

Anonymous said...

The robed guys at tha 3rd DCA said that we play speedy trial "games" yet they are the real speedy trial bullshit artists. They will lie cheat and steal to keep our clients from getting a discharge. We now where mickey mouse lives.... At the DCA.

Anonymous said...

Miller's not up again until 2012. he came close to getting opposition in 2006, but some people didn't take the advice given them and ran in the wrong places.

Anonymous said...

Miller also has a lot of friends from civil and criminal because he is so damn good, whether or not a few whiners think otherwise.

He will be well funded and well endorsed. This ain't (cue music).......the Camacho Zone.

Anonymous said...

Sheppard is a donkey!

CAPTAIN said...

THE CAPTAIN REPORTS:

Shoot yourself in the leg - get a one way ticket to prison for 24 months.

Slam your $200,000 Bentley into a human being and kill him - 30 days.

In case you missed the facts:

Plaxico Burress, who caught the winning touchdown for the Giants against the New England Patriots in the final minute of the 2008 Super Bowl, and former teammate Antonio Pierce were at the Latin Quarter nightclub in Manhattan in late November when a gun tucked into Burress' waistband slipped down his leg and fired, shooting him in the right thigh.

Today, he pled guilty to a lesser charge and will be sentenced next month to 24 months in prison followed by two years supervision.

Cap Out ....

Anonymous said...

Rump you are a dolt. Expiration means something has ended. The last day of the speedy trial period is the last day of the speedy trial period. Therefore the period hasn't expired yet. Do you see now?

Anonymous said...

Captain: Could it be that the two states have different laws. Should that make a difference? Should it make a difference that the only reason why Stallworth got any time is because of the fluke in our laws that create strict liability if you're drunk even if thh accident would have occurred anyway? If he hadn't been drinking, he still would have hit the guy except instead of paying his family millions, he could have sued for damage to his $200k Bentley.

old guy said...

I do not understand you, Captain.

All crimes are different. All states are different. And, oh by the way, the rest of us can read the newspapers.

Go represent your clients and stop telling us that the world is unfair. We already knew that!

old guy said...

Captain, I am really tired of having you assume that you are the New York Times. There are many of us who actually can read - and prefer to get our news elsewhere. If I want humor, I will watch Jon Stewart -who is funny; unlike your efforts.

Or are you being pithy, because none of the rest of us understood that each case, in each state, applying separate laws might yield a disparate result.

Spend more time on your client's woes and less trying to bore us.

Anonymous said...

Blow up a plane over Scotland killing 270 and serve 8 years of a life sentence before being released on on "compassionate" grounds. (At 30 days per person that would have been 22.5 years). Rumpole, what are you feelings on Compassionate release for ill prisoners?

Anonymous said...

there is a great transcript of Butchko giving a well deserved beatdown to Joe Gibson. you should post it on this site it is fucking hillarious

Anonymous said...

seems like the captain is not the only one writing about the plaxico burress case. check out the southern district of florida blog.