Saturday, January 31, 2009
Thursday, January 29, 2009
Wednesday, January 28, 2009
Beth David Memorial Gardens
3201 NW 72nd Ave
Hollywood, FL 33024
great, deeply thought out appellate decisions.
And just who was this trial judge that didn't gave a damn what he said about the 3rd DCA? We won't make you read the opinion. Anyone? Bueller? Anyone?
It was TOM CARNEY!!! They don't make judges like him anymore. We miss him and hope he is enjoying his golfing retirement in North Carolina.
Note to the 3rd DCA Webmaster (again) : you are still putting PCA opinions in the opinions section and not the PCA section. Come on! How hard is it to run the 3rd DCA's website? Get with the program will ya?
Well, that's our second edition of 3rd DCA roundup. Stay tuned for more important stuff, like Rumpole's super bowl locks. We've already posted that "Tails" on the coin flip is a done deal. We called it last year, and as you will see, we've done it again.
PARKING PROBLEMS.... of a different sort. Our robed readers apparently have their own parking problems as Judge Anthony Arzola found out this week as his REGJB parking spot was appropriated by Judge Pooler who, carrying the mantle of seniority, arrived for another tour of duty in the Justice Building. Judge Pooler was apparently assigned Judge Arzola's parking spot and was not pleased when she arrived to find a car in her spot. Learning it was Judge Arzola's vehicle, she burst into his courtroom this week, bright blue robes flowing, and casually mentioned that perhaps letting the air out of his tires AND keying his car was a bit much. Judge Arzola, who went through his own much discussed "parking wars" with Judge Joe Fernandez last year (it was not unusual for the prankster judges to place items on each others cars, or have building maintenance put objects blocking the other judge's car in) now has a Judge of a different coloured robe to deal with.
No shrinking violet she, Judge Pooler has arrived back in the REGJB, and she wants everybody to know it.
More county court stuff- Judge Norma Lindsey to Civil, Judge Fred Seraphin to Judge Lindsey's division, Judge Pooler to Judge Seraphin's division. And so it goes....
Tuesday, January 27, 2009
Sunday, January 25, 2009
If a defendant is offered probation before trial and you, as the judge, believe that probation would be a fair sentence, you should sentence the defendant to probation after the trial. I have done that many times. When a judge sentences a repeat offender (a real one, not one who is just technically a repeat offender), that's a different story. The judge gets to see that rehabilitation has not worked so far and no one has been deterred with light sentences. Inadvertently, that judge arrives at a conclusion that a heavy sentence is required to punish the defendant and, more importantly, to incapacitate the defendant. This is especially true of defendants who have already been to prison for a similar crime and continue to victimize other people.
I believe that sentencing is the most difficult thing we do. It is the most troubling aspect of being a judge. Many times I have had a good lawyer and a family convince me to give a lower sentence because they have been honest and realistic. I highly respect all those lawyers who know how to handle moments like that.
I hope we can all use this forum as a respectful sounding-board to discuss matters like this one today. As judges, we do not get much feedback from the lawyers.
Saturday, January 24, 2009
Friday, January 23, 2009
Wednesday, January 21, 2009
"On this day, we come to proclaim an end to the petty grievances and false promises, the recriminations and worn out dogmas, that for far too long have strangled our politics."...
"As for our common defense, we reject as false the choice between our safety and our ideals."...
"Let it be told to the future world ... that in the depth of winter, when nothing but hope and virtue could survive...that the city and the country, alarmed at one common danger, came forth to meet it."
Tuesday, January 20, 2009
Monday, January 19, 2009
"I have a dream that one day my four little children will live in a nation where they will not be judged by the color of their skin but by the content of their character."