Saturday, February 28, 2009
Friday, February 27, 2009
Thursday, February 26, 2009
Quick REGJB quiz: Who is the judge on the monument across the street from the front of the courthouse?
I agree with the Court’s analysis of that question and join its opinion in full. But it is also obvious that from the start, the case has been litigated in the shadow of the First Amendment’s Establishment Clause...The city ought not fear that today’s victory has propelled it from the Free Speech Clause frying pan into the Establishment Clause fire. Contrary to respondent’s intimations, there are very good reasons to be confident that the park displays do not violate any part of the First Amendment. ..The city can safely exhale. Its residents and visitors can now return to enjoying Pioneer Park’s wishing well, its historic granary—and, yes, even its Ten Commandments monument—without fear that they are complicit in an establishment of religion.
Wednesday, February 25, 2009
Tuesday, February 24, 2009
Monday, February 23, 2009
''What I saw this morning is inhumane,'' said state Sen. Nan H. Rich, a Sunrise Democrat who is vice chairwoman of the Children, Families and Elder Affairs Committee and a long-standing mental health advocate who appeared visibly upset after the visit.
Saturday, February 21, 2009
Friday, February 20, 2009
Thursday, February 19, 2009
Wednesday, February 18, 2009
Fat Tony was convicted in December in a separate trial and is now serving a life sentence. After many years and two prior mistrials, Sally Weintraub waived death on both defendants. CONGRATULATIONS TO MICHAEL!!!!!!
There was a mutiple defendant sex battery case. It was very defensible.
Of the 5 co-defendants, 3 had the same exact defense. One of the 3, my client, passed a "Slattery" polygraph test. All were out of custody.
Of the 3 co-defendants with the same defenses and same exact issues...2 had private lawyers and they received (better term would be "earned on the merits" ) nolle prosses.
The 1 that had "regional counsel" actually PLED TO THE CHARGE two months earlier.
The regional counsel was not a member of the RJG family (ie Bailey, Parke) Rather it was an unfamiliar, inexperienced face.
We really did not have to move mountains to get the nolle prosse...just doing the expected job.
The defendant that pled received dismal legal advice and was screwed by his own attorney! It is a bad, current system. Some of these regional counsel are very inexperienced.
Tuesday, February 17, 2009
Everyone who has written or spoken to me about the opinion has asked me "what the whole story is." Under the applicable system of accountability the only story deemed relevant is that written in the opinion.
Monday, February 16, 2009
2) I never permitted religious services to be held in the White House. With as little publicity as possible, we worshiped at the nearest Baptist church when we were in Washington, and at Camp David the chaplain from a nearby Army base conducted private services for us and a few of the Navy families stationed there. Yet I prayed more during those four years than at any other time in my life, primarily for patience, courage and the wisdom to make good decisions. I also prayed for peace -- for ourselves and others.
The agenda will be clear. We will talk about global warming. We will talk about acid rain. We will talk about saving our oceans, and preventing the loss of tropical forests. And we will act.
Sunday, February 15, 2009
In 1939, when Duke Ellington was living in the Bronx, NY, he invited a "Pittsburgh guy" named Billy Strayhorn to visit him. The directions included: "Once in New York, take the A train to Sugar Hill."
Strayhorn arrived and wrote the song to show Ellington that he could write lyrics about anything, including directions to his house.
In 1940 the American Society of Composers and Publishers issued a ruling that effectively prevented Ellington from playing his previous compositions over the radio.
Ellington told Strayhorn to write a new book for the band.
Strayhorn decided to save his A Train composition, and the recording that most of us associate with the song was recorded and aired for the first time on February 15, 1941.
Saturday, February 14, 2009
Friday, February 13, 2009
Wednesday, February 11, 2009
MR. RANCK (Assistant State Attorney): -- don’t
MR. SMITH: I would ask you not to interrupt
MR. RANCK: I will ask you one more time –
MR. SMITH: --I’m not going --
MR. RANCK: --if you ever interrupt me --
MR. SMITH: --don’t interrupt me again--
MR. RANCK: --you asshole--
MR. SMITH: --I will not tolerate this man--
MR. RANCK: --I will not tolerate--
MR. SMITH: --act like a lawyer. Act like a
MR. RANCK: you act like a lawyer.
MR. SMITH: I won’t take that from you.
MR. RANCK: I won’t take it from you.
MR. SMITH: I will not take that from you.
(whereupon the Bailiff entered the room and ended
the confrontation while the Judge left the
During this exchange the prosecutor had again left
his podium, advanced to the defense podium where
defense counsel was standing, and placed his nose in
contact with trial counsel. He remained in direct face to
face contact until ordered to his seat by the bailiff.
Defense counsel apparently made no attempt to leave the
Rumpole says: "Go ahead punk. Feeling lucky? Go ahead and make my day."
It is even more obvious that the trial court fatally failed in its required duty
carefully to consider all reasonable alternatives -- including gaining control of the
courtroom -- to doing so.
Be warned those who battle for their clients and those who fight for the state- the 3rd DCA is very clear on this- act up, and the remedy is a contempt hearing, not a mistrial. Those of you with prominent noses, be careful where you put them, because the opposite end of you may well end up in a sling.