Wednesday, April 21, 2010

3RD DCA ROUNDUP -JUST OUT FOR A STROLL EDITION

The 3rd DCA goes for a stroll this week. Come along.....

In MR v State, the 3rd, along with its resident health enthusiast- Judge Schwartz- affirms the long standing principle that it is just nice sometimes to take a walk, even if you happen to be doing it in an area known for prostitution and even if the person strolling is known to the officer has having engaged in the world's oldest profession in the past.

"The conduct of the appellant juvenile, a sixteen-year-old female, which consisted only of walking down the street in a “high prostitution area” at 9:30 in the evening, did not give rise to the founded or articulable suspicion of unlawful activity necessary to justify the Terry stop effected by the police when, after engaging in a consensual and uneventful conversation, they placed her in their patrol car pending a “record search.” "


We're going to assume that "uneventful conversation" is the type familiar to most men who attempt to strike up a chat with a woman, when the man is seeking one thing, and the woman another. At least that's been our experience way too many times to remember.

"The fact that M.R. was known to one of the officers as having been involved in prostitution on a previous occasion does not affect the issue of whether her conduct at the time of the arrest justified the stop. See Parsons v. State, 825 So. 2d 406 (Fla. 2d DCA 2002); Smith v. State, 592 So. 2d 1206 (Fla. 2d DCA 1992); Johnson v. State, 610 So. 2d 581 (Fla. 1st DCA 1992)."


Judge Langer takes the hit on the reversal, while kudos go out to the PDs office and Lisa M. Pisciotta, Ross C. Paolino and Nicolas Swerdloff as special assistant public defenders.



Meanwhile, in a decision sure to upset all of you Ferris Bueller fans, being late to class is now a crime (if you push a teacher on the way in).

See W.M. v. State,


W.M., who was late for class, pushed aside a teacher who was blocking a doorway to prevent his entry into a classroom, after repeatedly having been denied entry and told to report to the behavior management teacher’s office, was sufficient to survive his motion for dismissal on this charge. See S.D. v. State, 882 So. 2d 447, 448 (Fla. 4th DCA 2004) (“Intent to commit a battery must be determined by the circumstances surrounding the touching or striking of the victim.”); see also Beasely v. State, 774 So. 2d 649, 657 (Fla. 2000) (confirming that on a motion for judgment of acquittal, all reasonable inferences that may be drawn from the evidence must be viewed in a light most favorable to the State);


So to summarize, walking is good, but running while being late for class may be bad. Talking is fine (even to a provocative young lass) but putting her in your car after an uneventful conversation is bad, especially if you're a police officer.



13 comments:

Anonymous said...

DS,

How about instead of giving your office low ball offers to close out cases, I will simply give what I think is fair. In fact, I will make a plea offer that is consistent with what Defendants in different counties accross the state get, with the same type of priors.

The only condition is, if it is in fact fair and consistent, no matter how much prison time, you must take it. Somehow I doubt your office would take me up on that, as they have an inability to take a 30 day jail offer on anyone out of custody - no matter how guilty.

The SAO pleas for the most part are a joke and so low it's comical.

Anonymous said...

The shumie guys may be picketing the civil blog, so expect some more chatter here.

Anonymous said...

Remember the old days when lawyers like Paul Pollock, Sy Gaer, Gino Negretti, Stu Mishkin, Max Engel, Russell Spatz, Stephen Golembe, Richard Essen and others , would sit down in Casolas around this time and divvy up the new talent at the sao and pd and make offers to guys who wanted to leave?


Meanwhile, why do I keep having this reoccurring nightmare that tonight around 930 I will hear this:

"We have a trade. The Miami Dolphins have traded the 12th pick in the NFL draft to the San Francisco 49'ers to require Wide Receiver Ted Ginn and family. The 49ers are on the clock...."

Fake Freedy Moldovan said...

I grabbed Ray in the first round several years ago and everybody said it was a reach, but look how it played out.

Anonymous said...

milton hirsch is not funny

www.freeseancasey.org has the bar complaint against him

Rumpole said...

Not for nothing but David O Markus and Ferris Buller- separated at birth?

fake mel keiper said...

The knock on Ray coming out of law school was that he moved well to his left and pled, but didn't have the trial skills. Good business guy, hard worker, gets good deals, but was a reach in the first round and I think history bears that out.

Rumpole said...

OK- i let up one post about casey/hirsch. But I will not let this blog be used to bash anyone with hundreds of posts. You have your blog, you have your bar complaint, I think you raise points that need to be addressed. But lets leave it at that.

And the person mentioned as a witness against Hirsch is most certainly not a witness AGAINST him.

eyeonfreddyM said...

Ray made Freddy (and Freedy) a ton of money. He was not a reach.

Anonymous said...

Ok, since I was forced to look at the Casey web site, and the way too much information provided that cancels out any point he may be trying to make, I have come to this conclusion.

1. He is guilty of being drunk and driving.

2. He hit and killed someone's grandmother, mother and friend.

3. He is guilty of hit and run.

4. He is guilty of DUI.

5. He is guilty of just being a complete A**.

On the other hand if what his new attorneys are saying have some truth and in fact his lawyers committed perjury, he should be granted a new trial in which he can be tried and convicted for the sins he did commit.

No need to release the tapes just order a new trial and the tapes will become a moot issue. I am confident after reading this morons letters to Milt that his new lawyer at the new trial will just have so much fun with this character.

I vote for a new trial and let's moveon.org.

Gail, there is enough to convict a second time, KFR just agree to a new trial and be done with this fool.

Dinah Bee Menil said...

Nice site, very informative. I like to read this.,it is very helpful in my part for my criminal law studies.

Anonymous said...

Rumpole
To 12:20 am, first what are you doing on line reading the blog after mid-night your life must suck. Second MY Clients not the office makes the decision to except or reject a plea. It is very hard to sell jail time to a client out of custody. If you made offers that are nade in Florida's other draconian counties there would be so many cases that did not plea and went to trial that Civil and Family would have to shut down so Judges would try criminal cases. Only 2 or 3 feloniescases tried a division a week would stop the Dade Criminal Justice system by overload. How about the other 40 'C' cases or 25 'B' or 20 'A' cases that are also set that week?
DS

Anonymous said...

Broward Circuit Judge Ana gardiner resigns from the bench and takes a job with Cole, Scott and Kissane.

http://www.sun-sentinel.com/news/broward/fl-judge-gardiner-resigns-20100422,0,124299.story