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, September 16, 2009

3rd DCA ROUNDUP

Judge Sayfie joins the hall of shame here for a 3.850 case. Same song, different verse.

Ditto Judge Pinero here and here.
And Judge Rosa Rodriguez here.

Judge Ward's denial of a 3.850 in Henad v. State was upheld. Ward reasoned that the defendant who took a 5 year prison sentence when faced with a 15 year minimum mandatory in a case that carried a very high likelihood of conviction was not believable when he argued that if his attorneys had told him he would be deported he would have turned the plea offer down. Can't really argue with that decision. Better to be a free man in Colombia then serve an extra ten years in the US.


Pretty quite in the 3rd DCA in criminal cases the last two weeks.

SAO Firings: It's a bit early as the holiday season is not yet upon us, but the powers that be are cracking their collective knuckles and warming up over at the SAO for one of their favorite activities- trying to crush the careers of young lawyers during the Christmas season. Any way, as rumors fly over the firing of a division chief, we have a pretty good idea what has happened, but if anyone wants to confirm it by sending us an email, we can run with this quite a bit further.

We have been out of town for 10 days now and the late Senator Ted Kennedy's autobiography True Compass is turning into a very compelling read and a good companion in this quiet southern town we find ourselves in. We never agreed much with Senator Kennedy's politics, but his compassion and fond memories of his family as a boy growing up under remarkable circumstances reveal him to be a very decent human being. He had more than his share of tragedy and of course he caused some himself. But this book is an open and honest heartfelt account of the good and the bad and we see the Senator in a different light. We highly recommend True Compass.

25 comments:

CAPTAIN said...

THE CAPTAIN REPORTS:

Speaking of the District Court ..

Gov. Charlie Crist named two state government insiders Tuesday to openings on the 1st District Court of Appeal in Tallahassee.

Lori S. Rowe, who worked for Crist as governor and attorney general, and Administrative Law Judge T. Kent Wetherell

Rowe, 38, is Crist’s deputy chief of staff and served as deputy transition director after he was elected governor in 2006. She also worked with Crist in the attorney general’s office, serving as director of multi-state litigation, assistant deputy attorney general and executive deputy attorney general from 2003 to 2006. She also was as assistant attorney general in the antitrust section from 1997 to 2000.

Wetherell, 38, has been an administrative law judge with the state Administrative Hearings Division since 2002. He previously served as deputy solicitor general in the attorney general’s office from 1999 to 2002. He is the son of the outgoing Florida State University president and former state House Speaker T.K. Wetherell

Captain Out ...

CAPTAIN said...

THE CAPTAIN REPORTS:

Ticket Lawyers Expecting More Business .....

DELRAY BEACH - Judge Reginald R. Corlew was clear in his orders as he stripped them of their driver's licenses: "Do not leave this courtroom and drive your car from this parking lot."

13 tried and failed. They didn't get far. Florida Highway Patrol troopers stopped them as they left the South County Courthouse parking lot.

"Yes, I said I wasn't going to drive, but I had to get back home to North County," Nicklo, 43, of Jupiter, said as his sports utility vehicle was loaded onto a tow truck. "My mom is working. I got no more money. I went for months without eating just to pay that $1,700 in tickets, plus I went to three schools. Palm Beach County just wants money, money, money. It's really ridiculous."

Welcome to Operation DL-Core, a statewide crackdown involving undercover stings at county courthouses. The operation is a continuation of FHP's efforts to target individuals who drive to and from county court appearances despite having their licenses suspended or revoked by a judge.

During Tuesday's sting, plainclothes troopers monitored court proceedings for cases in which Corlew suspended or revoked the license of a driver. The troopers, some clad in slacks and neckties or shorts and T-shirts, blended in with others in the courtroom, identified the offenders, followed them to the parking lot and alerted uniformed troopers as each defendant attempted to drive away.

Tuesday's blitz was the second in a series of random courthouse stings that officials plan to conduct around the state.

http://www.sun-sentinel.com/news/palm-beach/delray-beach/sfl-drivers-busted-p091509,0,5986898.story

Cap Out ....

Three Fingers Vinny said...

Rumpole, why haven't you posted your wagering results from last week or the results of the suicide pool?

Also, 52nd Street Irwin wants your Rolex or I am going to have to break your kneecaps. Capiche?

Batman said...

I know this off the subject, but these continuing references by parties on both sides of the health care issue over racial overtones in the debate is beginning to bear fruit. Many of us were strong Hillary supporters, not because of racial issues, but we felt then, and some may feel now (not myself) that she was the candidate with the best chance to succeed if elected.

Obama is our president. One can disagree with certain policies and postions, but somehow those who oppose him have resorted to tactics and name calling that have made the real issue irrelevant. Pictures of Obama with a Hitler mustache, painted to look like The Joker or alleging he is not an American citizen are personal attacks engendered by race and appeal to the lostest of demoninators.

Conservative pundits like Beck and Fats (Limbaugh) allege that Obama's health care proposals are designed to help African-Americans only or that Obama "hates white people." Fear mongerers claim this is communism or socialism and all but incite open rebellion. People on both sides get on television and openly state their fear for our President's life because of his race. These statements only encourage the fringe elements of our society to act. This open airing of private fears is more harmful than helpful.

Was this the way we debated this issue in 1993 when Clinton went to Congress in his State of the Union address and proposed universal health care? Did Republicans name call or allow their minions to make such personal attacks on the President? No, they did not. Did they fight and defeat the proposal? You bet they did.

To Obama's credit he has refused to engage. But the real issues facing this country are shrouded by racism and fear. Our discourse is not over the merits. We reduce ourselves and resort to tactics which divide us, not bring us together.

Obama is the president elected by an overwhelming majority of Americans. It matters not that he is African-American or any other race of ethnicity. If you don't like his proposals then fight them with facts and reason. It is not about the person, it is about the politics, or in the case of some, it is about the ratings.

Anonymous said...

Batman,

I agree with 98% of your post. But, when you criticized the right for name-calling, then called Limbaugh "Fats," you really ruined an otherwise persuasive argument.

Rumpole said...

Vinny- thanks for the reminder. Not. I am trying to find a calculator that prints numbers that high. I will print my totals this Sunday. I gloated about the good times and I will my blogger head high during the bad times.

And yes 52nd street did make the suicide pool with a MNF pick and will be eligible next week. Indeed, no one dropped out week one. That won't be the case week two.

Batman said...

12:43 - you are correct and I stand so corrected. Bad habits are hard to break. My apologies to Mr. Limbaugh. (Actually he is not so fat any more.)

fake blake said...

Is everybody happy????

Anonymous said...

Batman....I agree with a lot of what you've said. Remember, however, that many of the inappropriate comments and racial overtones are coming from the left (ie. Carter's pronouncement that most of those who oppose Obama's ideas are racist, other commentator's suggestions that Wilson [who obviously was in the wrong] must be a racist, etc.). The sad truth is that common courtesy is dying a not so slow death in the country. Rudeness is contagious and many politicians/commentators on BOTH sides of the aisle are having a field day.

As in criminal court, it's hard to reach an "agreement" (which, by definition includes a meeting of the minds), when parties are wasting so much time antagonizing and attacking each other.

BTDT

Anonymous said...

Regarding the firing...

Think about the current management at the SAO. Don Horn, Lorna Salomon, and Howard Pohl. I don't include KFR because I don't think she knows half of what's going on.

These three people are incompetent human beings who could not find gainful employment anywhere outside of government work. If you eliminated those three positions, you could save a half million a year. Quite worth it.

The DC who was "fired" was one of the finest attorneys in that office. Period. I would put her ahead of most of the senior trial counsel. She was smart, personable, and most of all, fair. Not to mention, one hell of a trial attorney.

She was the saving grace of that godawful Career Criminal Unit where old frumpy ASAs who can't handle a regular caseload go to become assistant chiefs. It's there where 15 year pleas for 65 year old men who steal lawn mowers are approved. This recently resigned DC was the only person who saw the light when it came to shitty cases (about 60% of everything filed).

But she was also tough and prosecuted some of Miami-Dade County's most dangerous felons, including people charged with violent crimes against the police. In a time where more and more reasonable prosecutors are leaving because that office doesn't accommodate free thinking people, she was a mainstay. Likely, she would have made a career at that office and the people of Miami would have benefitted greatly.

But on the other hand, this outstanding lawyer will make a fine addition to the private sector. Finally she will be compensated for her tremendous talent.

As for the reasons behind this forced resignation...(sniff sniff sniff)...I smell a rat. Goes to show that you can't trust anyone in that office because it's built on a culture of fear. Everything that an ASA does in his or her career is fear-based. Why do ASAs push cases when the victims are clearly not on board? Not out of a sense of justice. Out of fear. Because nobody wants to end up in a supervisor's office having to explain their actions.

Throwing each other under the bus is a way of life in that office and it's occurrence is inevitable. At some point, it happens.

Anonymous said...

4:46: what is the back story to the DC leaving? Why was the DC asked/told to leave the SAO? The SAO doen't usually tell people to leave (look at all the dead weight in that office) without some justification. Complaining about that person's departure without acknowledging what led up to it is pointless.

Anonymous said...

4:46- great post.

But who is the DC who was fired/resigned?

Anonymous said...

As long as you mentioned healthcare:
Fake AMA’s answer to Health Care

The Fake American Medical Association has weighed in on the new health care plan being developed by the Obama Team.

The Allergists voted to scratch it, but the Dermatologists advised not to make any rash moves.

The Gastroenterologists had sort of a gut feeling about it, but the
Neurologists thought the Administration had a lot of nerve.

The Obstetricians felt they were all laboring under a misconception.

Ophthalmologists considered the idea shortsighted.

Pathologists yelled, "Over my dead body!" while the Pediatricians said, 'Oh, Grow up!'

The Psychiatrists thought the whole idea was madness, while the Radiologists could see right through it.

Surgeons decided to wash their hands of the whole thing. The Internists thought it was a bitter pill to swallow, and the Plastic Surgeons said, "This puts a whole new face on the matter."

The Podiatrists thought it was a step forward, but the Urologists were pissed off at the whole idea. The Anesthesiologists thought the idea was a gas, and the Cardiologists didn't have the heart to say no.

In the end, the Proctologists won out, leaving the entire decision up to the assholes in Washington .

Anonymous said...

Who is the courageous DC who had enough of the crap?

eyeonq said...

CAPTAIN OF THE Q REPORTS:
Lab Tech arrested in Murder of Yale Student.

Q on the way.

Anonymous said...

Why did it take so long for the Q to respond to the lab tech arrest?

Anonymous said...

Stop questioning the amazing Rump. His picks are a lock. He merely stumbled out of the gates and will rebound this week.

Anonymous said...

Q who? It's all about the U!

Anonymous said...

Who resigned??

Three Fingers Vinnie said...

You're cute Rumpole. Tryin' to be a wiseguy?

Everyone in the REGJB will soon recognize you as the poor sap in a wheelchair with casts on both of his legs after Tony, Vito, Sal, Guido, Bruno and I get done wit you. Capiche?

1 eye on the Q, another on Jack said...

Maybe the Q can help out the Queen Birther herself, Orly Taitz: see story here. Normally, it would be a case for Jack Thompson, but he beat her to disbarment. Sorry, Jack.

Anonymous said...

Who's the ballsy DC who resigned?

Batman said...

BTDT - I started my post by noting that we are talking about people on both sides of the debate.

I think you said it better than I did by reducing this to a matter of civility and common courtesy. It is what has happened to us in all aspects of our daily and professional lives.

We used to be able to agree to disagree. It should not always be a matter of winning and imposing our will on others. Until we learn to respect each other's opinions, and find a way to ignore those who would promote and feed off our divisions, things will only get worse.

Anonymous said...

Batman, I agree with: Thursday, September 17, 2009 12:43:00 PM, please in the future when you mention Rush "Pill Poppin" Limbaugh please stick to facts as in his illegal drug use, or racist comments about a black leader who just happens to be the President of the United States.

As a side not Rush "pill poppin" Limbaugh is against any health care reform that will prevent him from doctor shopping Percocets or Vicodine.

Anonymous said...

If the DC was asked to resign or be fired, does it make her "ballsy" or "courageous" to resign?

You would think 4:46 and the fired/resigned DC were BFF's for chrissake! Sounds like the fired/resigned DC even wrote it her self.

She was the "saving grace" of CC with "tremendous talent" and was "the only one who saw the light?" She would have made a career at the office? How does 4:46 know she would have made a career there?

She is a good lawyer who got caught. It happens. I'll pray for her.

But C'mon 4:46-get your head out of your BFF's ass and go tell it to Tallahassee when an investigation is launched into her conduct.