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, March 17, 2010

3rD DCA ROUNDUP -The Road to hell edition

The road to hell is paved with good intentions.

In State v. McCray, Judge Murphy sentenced a defendant who scored 21 months prison to two years probation, 100 community service hours, participation in a jobs program, and $205.00 restitution. The road to hell and a reversal by the 3rd DCA is paved with both good intentions, and failure to file written reasons for the download departure or failing to contemporaneously pronounce on the record the reasons for the downward departure. Because apparently the judge was persuaded by the defense's powerful arguments for a downward departure to the extent that he remained mute, the 3rd overturned the downward departure.

Moral of the case: no good deed goes unpunished by the 3rd DCA unless you give a reason for the good deed.



16 comments:

Anonymous said...

Murphy has given my client a downward departure before, glad to hear that he still has compassion when appropriate.

CAPTAIN said...

THE CAPTAIN REPORTS:

ELECTION RESULTS .....

8:47 pm has asked about Judge Adrien:

I have a question about Judge Adrian, perhaps the Captain and chime in on this: Is this is first election for Judge?

Because at:

http://www.judgeadrien2010.com

He uses the term "Re-Elect" and the term "Retain" if this is the first election then he cannot on the Canons use the term "Re-Elect" and his opposition can file a complaint with the JQC should he win the election. Maybe other remedies available to the voters.

Wednesday, March 17, 2010 8:47:00 PM
----------------

In 1996, Henry "Hank" Harnage was appointed a Circuit Court Judge by then Governor Walkin' Lawton Chiles. Two years later, in 1998, Harnage was elected to a full six year term. (He beat Elio Vasquez).

In 2000, Peter Sylvester Adrien ran for Circuit Court Judge in a four way race. He ran using his legal name. In the primary, Gina Mendez scored 40% of the vote; Dennis Murphy was second with 29% of the vote; Martin Zilber pulled in 25% of the vote. Adrien garnered 6% of the vote.

In the runoff, Murphy squeaked by Mendez with 51%, winning by a mere 12,000 votes.

Four years later, Adrien crossed paths with Harnage. At 11:58 am on the final day of qualifying, with two minutes to go, Adrien filed against Harnage. Only this time he ran under the name Peter Camacho Adrien. Camacho was his Portuguese mother's maiden name. He told the press back then that he attributed his loss in 2000 to the confusion with the Sylvester name.

In the 2004 election, incumbent Harnage got swamped by Adrien 57%-43%.

Governor Jeb Bush returned Henry Harnage to the bench as a Judge of Compensation Claims to serve in the Miami District where he sits today.

Adrien is therefore running for "re-election".

CAPTAIN OUT .....

Anonymous said...

So basically this will be Adrians first election since winning the seat in 04'.

From what I read on this blog - the past 6 years have been hell with him on the bench?

the trialmaster said...

what a waste of judical resources. who at the sao authorized this appeal. Dennis will articlate his reasons for the departure of dv the case. doesnt the state have better things to appeal. Kathy needs to shape up her priorities.

Anonymous said...

To the guy yesterday who complained to me that I complained about your DUI guru...

I made 1 comment in response to someone saying he should run for judge. ONE! Rumpole then defended him and insulted me. To that I defended myself.

The part I find absolutely HYSTERICAL is that you would actually ADMIT that you rely on another lawyer's blog postings to defend your cases! Do people REALLY pay you money to handle their cases??? If so, I feel sorry for your clients. It's people like you who should never have been admitted in the first place and leave the practice of law to people like the rest of us who actually do our own research and preperation.

What a dumbass you are. And you advertise that fact. WOW! And by the way, you obviously can't handle your own cases since you clearly are not very observant. I told Rumpole in my last posting that I am not a guy but actually a woman. Probably one who has beaten you in the past. Doesn't sound like that would have been too difficult.......

Anonymous said...

and in 2006 GINA MENDEZ ran again, not as lucky as "Camacho" she lsot by 3249 votes. Maybe she should file to run again. Each time she gets closer and closer.

Anonymous said...

Captain is 100% correct, but Judge Adrien's website is a walking violation of Florida election law.

Nowhere is the required disclaimer "Paid Political Advertisement by the Committee to Re-elect Judge Peter Adrian NON-PARTISAN, for Circuit Court Group XXX" anywhere on it.

It's a big no-no, and could get him a JQC, FEC, and general ethics violation.

A judge should know better, Peter Macho Camacho Adrien.

Rumpole said...

Who did I insult? of all people, ME?

Well, I never....

Anonymous said...

Why does JAA Blog have so much more salacious stuff? More going on up there or is Rumpole a softy?

Anonymous said...

I think 7:40 needs to take a Pamprin.

Anonymous said...

Murphy is a judge with street-smarts, common sense and life experience.

Phil R said...

Rumpole- maybe this will make you feel good. I received a copy of the email from the attorney supporting Judge Adrien and I sent this response:

MR. Jeffrey:
I do not know you.
I do know this: the Judge you are supporting could not have been more rude and condescending to me, and I have worked almost exclusively in the Justice Building for 25 years.
Beyond the 30 year sentence I was able to get the 3rd DCA to reverse as an illegal judicial vindictive sentence, I have found this judge to be shockingly ignorant of basic criminal law. For instance he was on the verge on holding my partner in contempt of court because he did not understand what a "limited notice of appearance" was for the purposes of appearing in court but not agreeing to the jurisdiction of court.

Beyond my experiences with him, I can tell you that most of my colleagues on both sides (state and defense) have had similar experiences with him. The real shame is that this judge defeated at election for no good reason a judge who was universally respected by his colleagues and the attorneys who appeared before him. And we all know why this judge you support was successful in getting elected-- his shameful pandering to a hispanic electorate by use of his mother's maiden name.

I will not support this judge and I will give maximum amounts of donations to both of his opponents under my sincere belief that just about any other individual would do a better job than this judge.

I have sent this email to you in response to your unsolicited email to me.

You right about maintaining experience, integrity and fairness with the re-election of this judge? He had almost no experience when he was elected, and he replaced a more experienced judge. Fairness? Feel free to search my name in the 3rd DCA and see the case he was reversed on for being vindictive. Integrity? The pandering to a particular group based on his name shows to me a complete lack of integrity.

Philip L. Reizenstein, Esq.

Anonymous said...

KABOOM- ADRIEN HATA PLAYA!

Anonymous said...

Wow, great letter Phil. Not as good as some of the stuff you post under your pseudonym, but good

;-)

BTDT

I want to be a Macho Man said...

Dayummm, Phil R., you right real good.

Anonymous said...

The writing style at the 8:31:00 pm post is very similar to Rumpole's.