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, November 05, 2009

3rd DCA ROUNDUP

We don't know about you, but we were getting awfully tired of looking at Davis's mug.

A few quick house keeping announcements before we begin:

The 11th Circuit's Symposium: "Mediation, Arbitration, and A Spirit of Reconciliation in the Work Place" Hosted by 11th Circuit Judges Reemeberto Diaz and Robin Faber has been canceled and will be rescheduled.

The CLE Seminar "Sentencing in Fraud and Theft Cases- how high is high enough?" by Judge Beatrice Butchko has been rescheduled for January 8, 2010.

And Chief Judge North Of the Border Vic Tobin's lecture "The Privacy of Inter-Office emails, leaks, plumbers, and acting like Nixon" a preview of which can be found here, will be given as scheduled. (Here's what we love about the Broward Blog. Not only do they get Tobin's emails as he sends them, they get his emails COMPLAINING about them getting his emails. It must be frustrating for the Chief Judge. Kind of like swatting at gnats. )

OK. On with the show.

Hernandez v. State: Here's a question we've never seen before: Defendant is indicted for first degree murder. Judge Schlessinger transfers the case to Orange County for trial based on the publicity. The defendant is convicted. The Appellant files a motion to transfer the appeal to the 5th DCA. Now why in the world wouldn't a criminal defendant want the Judges of the 3rd DCA to hear his appeal? Well, for whatever the reason the 3rd DCA is eager to hear this case, so they denied the motion, but did certify a conflict with other courts. Query: has a criminal appellant ever tried to get his case transfered to the 3rd DCA?


Wall of Shame: Judge Pinero here.


29 comments:

Anonymous said...

I love the part of Tobins email saying; hey if you are the Judge giving out my emails please stop or tell me you won't stop and allow me to take you off my emailing list.

I just love this .

Anonymous said...

Sorry, but, knowing Judge Piniero for as long as most of have known him means that he is never on anyone's wall of shame. He is a great guy.

Grumpy Rumpy, why are you so obsessed with Rule 3.850 reversals for failure to attach a record or have a hearing?

Are you a post conviction relief kinda guy?

Rumpole said...

No- it pisses me off to keep reading the same damn opinion week after week, month after month, year after year. At some point wouldn't you expect a judge to say:

"OK. I've denied this motion. Here's the order. HERE"S THE PART OF THE RECORD SHOWING WHY THE DEFENDANT IS NOT ENTITLED TO RELIEF. I AM STAPLING THE ORDER TO THE RECORD. CLERK- PLEASE SEND ALL OF IT TO THE THIRD DCA."

How hard is that? Instead- because I see it every day- these judges hate these 3.850s so they just say "denied:" prepare an order. And then it gets bounced back. Try following the law I say.

As to Judge P- he's right at the top of the list of judges I want hearing any case of any client of mine.

Anonymous said...

I read today that former New York Governor Eliot Spitzer is considering running for the Senate. In fact he's already holding fundraisers: $500 for the full hour and $300 for a half hour.

Anonymous said...

Can't sleep Miss Sy

Alms for Nancy Wear said...

Nancy Wear, have you come completely unhinged? Is $75.00 a year for FACDL Miami(or 20 cents a day) breaking you, a financial hardship? Is the $25.00 reduction you propose (7 cents a day) gonna make a difference in your life?

If that's the case, then your practice must not be doing very well. Go back to the government trough where you worked for so many years for a "generous salary" and benefits package.

If you're that tight for cash I will gladly pay for your your membership if I don't have to read your fear-of-becoming-a-bag-lady ramblings.

Or, just don't re-apply.

Anonymous said...

Is 25$ really worth it? And I loved my job as a PD, but salary not generous at all. The day I left I got a new car (one that works) and a new home.

Buy one less drink at the fountainbleu a year and you'll recoup your 25 schillings

Anonymous said...

Anonymous said...

Nancy Wear = cuckoo

shumie time virus said...

This is serious and this was bound to happen. If you get an email with the subject "enjoy more time off" DO NOT OPEN. IT IS A VIRUS. However, it is a somewhat friendly virus. Every day you are at your computer, starting at 5:30 it will save all the programs that are open, and shut them down, and before logging you off it will display a message- WORK LESS ENJOY MORE SHUMIE TIME.

The next day it will shut your computer down at 5:29, and the next day at 5:28 until 30 days later it will shut your computer down with the message FOR 30 DAYS WE'VE TRIED TO GET YOU TO ENJOY SHUMIE TIME. WE GIVE UP.
The virus will never strike again. How weird.

The Shumie Time virus. Now I've seen it all.

ahhh... the memories said...

Not since JT's pictorial motion to the FL Supreme Court have I seen a funnier pictorial of sorts. This one compliments of the New Times in Broward:

http://blogs.browardpalmbeach.com/pulp/2009/11/scott_rothstein_photo_trip.php

Good ol'e Scotty, photo album.

Anonymous said...

Persistent rumor needs to be confirmed or dispelled: is the SAO working w/Advocate program for 1st time DUI PTD program?

Anonymous said...

Ms. Wear:

For a so-called appellate lawyer, you need to choose your words more carefully. The payment of $75 in dues is "confiscatory?" confiscatory means "1. To seize (private property) for the public treasury. 2. To seize by or as if by authority." Your money is not being seized. If you feel that you are not receiving $75 worth of benefits, don't renew.

The difference in the dues rate is "invidious discrimination?" Invidious means "1. calculated to create ill will or resentment or give offense; hateful: invidious remarks.2.offensively or unfairly discriminating; injurious:invidious comparisons." Having only attended a state law school, I didn't realize that private criminal defense lawyers were a suspect class.

Anonymous said...

Judges who run their courtrooms with authority, respect, decorum and professionalism:

Soto
Emas
Prescott
B. Scola
Blake
Thornton

We need more like 'em.......

Anonymous said...

Speaking of the Third DCA, I have a question for readers who argue there: Does oral argument make a difference? I used to assume it might compel the judges to at least read the briefs, but my assumption has proven wrong.

Any thoughts?

Anonymous said...

I think Blog readers would be confused by the Nancy Wear posts.

Nancy told a buch of the Defense lawyers on their list serve that PD's make a good living and are doing better than many private defense lawyers.

Nancy, what planet are you from?

Anonymous said...

You can not tweet, tweeter with KFR.

http://twitter.com/kathyfndzrundle

Anonymous said...

Sesame Street with Ernie and Bert (aka Faber and Diaz) celebrates its 40th birthday this year

Anonymous said...

9:50, now give us the list of the judges that don't run their courtrooms with authority, respect, decorum and professionalism.

eyeonshUMIE said...

9:43- the Shumie Time virus originated in Redondo Beach LA, when a bunch of surfer kids hacked a network and uploaded the virus. Out there- that version of the virus says "DUDE WHAT ARE YOU DOING? SURF'S UP" when the user works past 5pm.

In Chicago the Virus was modified to say "Hey- the Cubs are playing- shut this thing down and head out to Wrigley, it's Shumie Time" and the current version in Miami is just what you said it was. The virus is spread through emails and infected downloads from certain porn websites, but not a lot of companies are working in it because it is not destructive and apparently removes itself entirely from the hard drive after 30 days.

Anonymous said...

4:24 -

If you don't know who they are then you have bigger problems than reading the blog can fix.

I was commenting on the posts of yesterday regarding judges who have recently made a spectacle of themselves in the world of public opinion.

My mom taught me if you can't say something nice...
SOOO I am praising the ones that are doing well.

I'll leave the bashing of the ones who aren't up to you.

Anonymous said...

The 3rd DCA is essentially a fraud upon the public. They PCA as many cases as possible and then they look for any possible reason to find harmless error regardless of the gravity of the error.

The Judges at the justice building have been bailed out on infinite occasions by the 3rd.

The reason they are a fraud is that the public and criminal defendants actually think they have a shot on appeal. This is laughable.

Anonymous said...

3rd year attorney, and from reading this blog I've only learned a few things.

Most important, I've determined I don't want to become someone who uses the same played out joke for years. Shumie time? I've met Shumie...wasn't impressed with him in court, and I'm less impressed with those who keep using this horrible joke. Why not read one of your case files instead of wasting time coming up with some "original" story for the blog.

Who will I not call if I ever have an issue? For one I will not call "the Q."

Who is probably horrible in trial? The Trialmaster.

Who is actually intelligent and has cognizant arguments? BTDT

Anonymous said...

It's a known fact that you don't ask for oral argument if your case sucks...so you do the math. If you want to win, at a minimum, ask for oral argument. It just shows the Court you actually believe the dribble you fed them.

eye on the Q said...

Listen to me you 3L whippersnapper. I'm gonna learn you a lesson they don't teach in Torts or law school for that matter. It's a lesson a legion and generation of prosecutors, attorneys generals, US attorneys, and even a few select insurance defense lawyers have learned, most the hard way.

Respect the Q.
Admire the Q.

But above all...

FEAR THE Q.

You're talking about a guy who once gave an entire closing argument with one hand behind his back just to make good on his promise to the prosecutor to beat him with one hand tied behind his back.

You're talking about a guy whose CLE seminar on the iatrogenic problems with the intoxilyzer is routinely given to standing room only crowds of attorneys around the country.

I could go on and on.

Anonymous said...

6:07............thanks for the kind words.

BTDT

Anonymous said...

Judge Julio Jimenez is the man. God bless him. What a fair and decent man.

Video of the day said...

Video speaks volumes

http://www.miamiherald.com/video/index.html?media_id=7142486

Anonymous said...

Props to Dan Tibbitt for the email of the year on the "discussion" over 25 bucks. I especially love the line about the 98 dodge. Very nice!!