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. THIS BLOG HAS BEEN CALLED "THE DEFINITIVE BLOG ON MIAMI CRIMINAL LAW" BY THE NY TIMES, THE WASHINGTON POST, THE POPE, AND DONALD TRUMP WHO ALSO ONCE SAID IT WAS "REALLY GREAT". POST YOUR COMMENTS, OR SEND RUMPOLE A PRIVATE EMAIL AT HOWARDROARK21@GMAIL.COM

Thursday, October 08, 2009

3rd DCA ROUNDUP-bltn

(better late than never edition)


Aldin v. State. Rack up a win for our PDs and APD Gwendolyn Powell Braswell. No surprise that it's Judge Peter Adrien getting reversed on the motion to suppress. At last count the number of challengers to Adrien in the upcoming election  could fill the upper deck of Landshark stadium. 

Back to the case: Held: A consent to search an apartment does not extend to the defendant's van. (duh!) 
Argued by the prosecution: "But he's guilty...."
The case has some good language on the scope of searches, plain view, inevitable discovery, and harmless error. Nice Job PDs. 

Quote to remember: "The detective asked the defendant what items in the apartment 

were stolen.  The defendant replied that it would be easier to ask him what in the 

apartment was not stolen." (held- this is admissible on re-trial. Ouch! Perhaps it's time to consider a plea.) 


You've got to love clients with a sense of humor and irony. It makes the job so much more enjoyable. 



Wall of Shame: Stacy Glick here.

21 comments:

Anonymous said...

did anyone notice the first opinion yesterday which was quickly taken down from the court's website? it was an appeal from the denial of a post conviction motion. the court said that the state did not respond and that it was reversing the denial on that basis. what happened to it???

CAPTAIN said...

THE CAPTAIN REPORTS:

Judicial Elections ...

Love the humor Rumpole.

In Group 45, there are still only two opponents for Mr. Camacho Adrien

Adrien, Peter *Incumbent
Cohen, Samantha Ruiz
Swartz, Jeffrey David

In Group 21, it's:

de la O, Miguel M.
Kopco, Patricia A.

In Group 62, it's:

Kuntz, Robert
Planas, Juan-Carlos "J.C."

And, finally, still without opposition in:

Group 41

Hirsch, Milton

CAPTAIN OUT .....

Anonymous said...

Looks like Browards ASA's are learning to nolle prosse unprovable cases:

Sex charges against Fort Lauderdale teacher dropped

Ex-student had accused middle school teacher of sexual encounters in classroom closet

By Tonya Alanez

South Florida Sun Sentinel

12:37 p.m. EDT, October 8, 2009

FORT LAUDERDALE - State prosecutors today dropped charges against a Fort Lauderdale middle school teacher accused of having sex with a female student in a classroom closet.

Charged with three counts of lewd or lascivious battery, Herbert Stanley Roach, 35, had faced up to 45 years in prison.

A female student had reported that while she was a student at Parkway Middle School, she and Roach, her social studies teacher, had sexual encounters three to four times a week in a darkened classroom closet. The encounters, she said, took place from February through May 2006, when she was 14 and 15.

Assistant State Attorney Nicole Alvarez announced this morning before Circuit Judge Andrew Siegel that the charges were being dropped, but gave no explanation.

However, court documents show that the alleged victim, now a high school senior, admitted to Alvarez that she had lied to police in her initial sworn statement about a prior sexual relationship. The admission presumably cast doubt on the girl's credibility.

The entire article is here:

http://www.sun-sentinel.com/news/local/breakingnews/sfl-parkway-teacher-charges-dropped-b100809,0,6364901.story

Anonymous said...

milton is in big trouble

Anonymous said...

Gotta love the Milt.

fake ben bernanke said...

I'm voting for Milt Hersch and you should too.

miami dolphins fan said...

It's a MILT HIRSCH RUNNAWAY!!!!!

Jump on the bandwagon before its too late.

Anonymous said...

I saw the disappearing opinion! Where did it go?

Anonymous said...

Rumpola,

Were you surprised that President Obama won the Nobel Peace Prize? It seems unexpected.

Alex Michaels Fan Club said...

Draft Alex Michaels to run against Milt.

Sign the petition at www.stopthebullsheeeeeet.com today!

Anonymous said...

I like Milt, but someone will run against him. Proabaly a Hispanic female with a nice hyphenated name, six days out of law school, a nice picture on the signs and a bankroll. And in 2010 where the Hispanic Republicans are gonna be out for revenge.

oy vey.

Anonymous said...

miguel de la o? jeez we cant do better than hacks like him?

Anonymous said...

Go Gators!!!

Fake Jay White said...

And that's another Miami Dolphins Monday Night Football FIRST DOWN!!

And that's another Nobel Peace Prize for an American President.

Fake Alex michaels said...

Dis is Alex Michaels.

If nominated I weeeeel not run.

If elected I weeeeeel not serve.

Dis is all bullsheeeeeet.

Fake Don Shula said...

Gonna hop on the Milt Hirsch train before it leaves me behind.

Anonymous said...

Milton Hirsch is a clown. Get fucking real.

Anonymous said...

Get over the obsession about attaching the record. There are a lot more significant issues deserving of that attention.

BTDT

Anonymous said...

It is tough being Milt nowadays. His Treasurer's office was raided by the FBI yesterday. Good golly, miss molly. Guy can't catch a break, except from good pal John Thornton.

Anonymous said...

de la O, Miguel M.
Kopco, Patricia A.

This is a no brainer, I am voting for Miguel. Just spend a few moments with Kopco and you will know why.

Quoted in her last run for Judge as saying "When elected I will give the maxium sentence to all defendants". This is not a joke, she really said this...

Anonymous said...

Captain, please dish. Who is Miguel De la O and why is he a hack? I think I remember Pat Kopco from a while back. What is she doing now?