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

Thursday, August 27, 2009

3rd DCA ROUNDUP

Better late than never....

Dyer v. State: Staring at the wall for a while before making an incriminating statement is not good for your legal health: In Jump v. State, 983 So. 2d 726 (Fla. 1st DCA 2008), State v. Lebron, 979 So. 2d 1093 (Fla. 3d DCA 2008), and State v. Pitts, 936 So. 2d 1111 (Fla. 2d DCA 2006), the courts have held that, where a defendant makes a statement after receiving a Miranda warning which confirms an earlier voluntary statement made before Miranda warnings were given, the post-Miranda statement is admissible if the police officer did not engage in a calculated two-step strategy to undermine the requirements of Miranda.

Moral of the story: keep your trap shut when in custody.

State v. Tabuteau: A motion to vacate a conviction based on a deportation order was granted by the trial court but reversed by the 3rd DCA because the conviction was not the sole basis for the deportation order. Judge Thornton takes the hit for trying to do the right thing.

Del Valle v. State: Speaking of not speaking, when you are smart enough to invoke Miranda you run the risk of spending the rest of your life in jail when you reinitiate conversation with the police and confess to murder. Duh.


WALL OF SHAME : for not attaching portions of the record showing that the movant was not entitled to relief: Judge Dava Tunis in Perez v. State; Judge Tony Marin in Palomino v. State.

20 comments:

Anonymous said...

Rumpole... The failure to properly attach portions of the record showing that the movant is not entitled to relief is usually, but not always, the fault of the clerk.

Anonymous said...

Just got back in town (defending the innocent) and saw Tuesday's post asking "What type of sentence can be imposed on conjoined twins when only one of them is found guilty of a criminal act?"

The answer, loyal blog fans, of course, is a "split sentence" ...

Anonymous said...

Yes Rumpole - the clerk attaches the record.

Why are you so hung up on this issue? Why not call out judges on substantive reversals rather than technical b.s.?

Rumpole said...

If you read the FLWs or the 3rd DCA opinions on their website, over the course of a year you will see literally hundreds of this same opinion. So- knowing there is a problem- don't you think the Judge- who is in charge- ("the buck stops here" and all that) should make sure if they deny the petition there is an order with the appropriate documents attached? Or are these legal geniuses just too busy to waste their precious time on cases where people are usually serving lengthy prison sentences and are using the great writ of habeus corpus as their last hope.

I know for a fact that Federal Magistrate Patrick White treats petitions in the federal side very very carefully, especially those filed pro se.

Basically what I am saying is that these judges are NOT doing their job and I am tired of seeing it over and over and over again. If there's a problem- fix it.

CAPTAIN said...

THE CAPTAIN REPORTS:

Our new junior Senator from the great State of Florida is .....

GEORGE LEMIEUX

George LeMieux is a native Floridian, who grew up in Broward County, Florida. He attended public schools in Coral Springs, Florida, along with his wife Meike. George graduated magna cum laude and phi beta kappa from Emory University with a degree in political science. He received his law school education at Georgetown University where he also graduated with honors.

Upon graduating law school, he returned to Fort Lauderdale where he began his practice of law at the Gunster, Yoakley law firm specializing in business litigation. In 2000, George was elected Chairman of the Broward County Republican Party. In 2003, he was asked by then Attorney General Charlie Crist to serve as Florida's Deputy Attorney General and Chief of Staff to the Attorney General's Office where he supervised more than 400 lawyers and 1300 total staff. As Deputy Attorney General he appeared on behalf of the State of Florida in the United States Supreme Court where he argued for and won a unanimous decision in a death penalty case. In 2006, Charlie Crist asked LeMieux to run his campaign for Governor where he supervised the campaign's strategic, media and grassroots operations. Crist credited LeMieux as being a large part of the campaign's success stating: "some campaigns have an architect, this campaign had a Maestro".

For his efforts LeMieux received the prestigious "Pollie" award from the American Association of Political Consultants as the nation's "MVP" in a Republican campaign for 2006. LeMieux served as the Executive Director of the Crist/Kottkamp transition team, and went to lead the Executive Office of the Governor as the Governor's Chief of Staff in 2007. In 2008, LeMieux rejoined the Gunster, Yoakley firm where he now concentrates his practice on corporate counseling and litigation. In March of 2008, George was selected to lead Gunster, Yoakley as Chairman of the Firm. George lives in Tallahassee with his wife Meike and their three sons Max, Taylor and Chase.

Cap Out .....

Anonymous said...

Re the alleged pd scandal: it's sad that this blog was created for those in the criminal legal community and that people are being presumed guilty rather than innocent. You think you got something, then prove it, and do so with some credible evidence. Enough of these bullshit accusations and innuendos. Defense attys wouldn't allow a prosecutor to get away with that so shame on you for doing it. It's disgusting.

Anonymous said...

Since when are prosecutors allowed to have other businesses on the side, especially private law firms?

It is pretty hypocritical of the State Attorney's Office to prosecute everything and everyone but when it comes to their own, they turn their head the other way.

One example:

Pat Treese has a registered law firm as of August 18, 2009 with Theresa Williams but his Florida bar address still reflects the State attorney's office address....

Tell us Ms. Solomon, when was his effective date of resignation if any???

Hmmmmm, does this have anything to do with his $#@!up of the recent 30DCJ case?

Anonymous said...

Rumpole, you're an idiot.

First off... JUDGES DON'T HAVE THE AUTHORITY TO DO THE CLERK'S JOB.

Talk to Harvey Ruvin, our glorious elected Clerk.

Second.... forget it. educate yourself. idiot.

Anonymous said...

Federal Magistrate Patrick White? I hear works in FEDERAL Court.

He is alive. said...

man jumps from eleven stories and lives.

http://www.youtube.com/watch?v=UkvhwwzXBl0

Rumpole said...

If you don"t like Mr. Levy, there are more appropriate ways to say it rather than engage in an ad hominem attack.

Anonymous said...

Yahuda Bruck, you have been RIPPED in the editorial section of the Herald. If what is described is true, you did cross the line. That is what happenens when you are mentored by the most unethical lawyer in South Florida

Anonymous said...

5:07 - Ever think Pat may be planning on dropping papers and wanted to have all his ducks in the row first?

Anonymous said...

Here is the text from the Herald:

Held in contempt

I have great respect for lawyers. From John Adams, Thomas Jefferson and James Madison to Abe Lincoln to the present, most of our great presidents have been lawyers.

So this is not meant to disparage attorneys, but someone practicing law in Miami lowered my opinion of Miami members of the profession.

Yehuda Bruck, defending the accused murderer of an innocent child, Sherdavia Jenkins, is quoted in the Aug. 27 Miami Herald as saying that, ``Sherdavia's mother's testimony would serve only to garner sympathy from jurors.''

Then, asserting that testimony from the victim's little sister might be ``therapeutic,'' Bruck had the abominable gall to state: ``There is no pressing reason for them to call her (the mother) in the first place. I assumed it's to have her cry on the stand about her 9-year-old daughter.''

Bruck must not have children because no parent, not even a lawyer, would insult a mother of a murdered child because he assumed she'd cry, as would any human being with normal feelings.

HERSH L. ADLERSTEIN, Aventura

Anonymous said...

Here is the story link.

http://www.miamiherald.com/news/miami-dade/story/1203990.html

Nice quote, Yehuda. I'm sure an elementary school age girl can reap the therapeutic benefits of testifying multiple times in her sister's murder trial. You should put that up on your wall. I'm sure your mentor, advisor, and partner Johnathan Schwartz gave you a pat on the back for that one.

Too bad that well respected attorneys such as Monica Gordo and Jonathan Meltz had to share the press with you.

Anonymous said...

5:07-

Do you really have nothing better to do than search prosecutors in sunbiz and the florida bar website?

BM

Anonymous said...

Dustin, get away from the slime that is schwartz and bruck before you ruin your reputation.

It kills me how bruck walks and talks like he's a great lawyer. He is the king of all hacks. Judges laugh and roll their eyes when he walks up to the podium

Anonymous said...

Say it aint so, Dustin.

Anonymous said...

i don't think that prosecutors are allowed to have all their ducks in a row by opening a law firm while still at the State- it has something to do with ethics, but Pat wouldn't know anything about that...

Anonymous said...

Rump
it seems like you are ignoring the logic of the earlier writers. In court, the judge denies the motion, orders the clerk to attach copies, and frequently the clerk fails to do so.
It becomes aware to all parties when there's a remand. I've personally provided transcript to the clerk in the courtroom that the appellate division of the clerks' office never attached.
Your frustration is understanable after all the FLWs, but the Clerk's office plays a major role & has the responsibility to forward to the DCA all that we file in court, especially when the judge orders them to.