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, July 01, 2010

3RD DCA ROUNDUP-CORNERED EDITION

HOLIDAY WEEKEND UPDATE:

Unlike other blogs of local import who have mailed it in for the next four days, we will be up and running, providing updates, posting comments, and providing you the service you have come to expect of a superior legal blog. Make sure to read Saturday's blockbuster post with a sneaky Supreme Court Trivia Question.

GENESIS 6:5

And God saw that the wickedness of man was great in the earth, and that every imagination of the thoughts of his heart was only evil continually.

And it repented the LORD that he had made man on the earth, and it grieved him at his heart.

And the LORD said, I will destroy man whom I have created from the face of the earth; both man, and beast, and the creeping thing, and the fowls of the air; for it repenteth me that I have made them....For in seven days I will send rain on the earth forty days and forty nights, and every living thing that I have made I will blot out from the face of the ground.

ITEM: BROWARD STATE ATTORNEYS OFFICE FLOODED. AGAIN.


ITEM: JUDGE PETER ADRIEN WORST IN BAR POLL.

The DBR reports that Judge Peter Adrien has scored the lowest bar poll rating for this last survey of lawyers.

We cannot confirm that 4 out of 5 lawyers indicated that they would rather have a "drunken sea slug" preside over their case. However, we can confirm that we have received a threatening letter from the Society of Sea Slugs threatening legal action unless we remove their name from the same paragraph of the embattled jurist.




THIRD DCA ROUNDUP:

The court issued a pretty decent stop-seizure-search- decision. It's the only decision of this edition for us.

In Hill v. State, the court suppressed evidence obtained from an allegedly consensual encounter and consensual search. We can boil the holding down to two points- 1) when four officers approach a defendant from four separate angles, a reasonable person is likely to believe they are not free to leave; ESPECIALLY WHEN 2) The officer obtains and holds the defendant's driver's license. Thus being seized under the 4th amendment, the search cannot be consensual. Reversed.

Congrats to Dade APD Maria Lauredo for the win. Query: This was a Monroe County case. Does the Dade PD do the Monroe County PD appeals? Just wonderin.


9 comments:

Catherine Vogel said...

Dade PD does the appeals for the PD from the Keys.

Catherine Vogel said...

Yes, Dade PD does appeal for Monroe PD as a courtesy to the Keys.

Anonymous said...

Judge Adrien scores lowest on bar poll. First! http://www.dailybusinessreview.com/news.html?news_id=63625

appellateguy said...

Yes, Rump, the Miami-Dade Office of the Public Defender handles Monroe County appeals. Here's the boring statutory explanation:
(1) Section 26.021(16): The sixteenth circuit is composed of Monroe County.
(2) Section 35.04: The Third Appellate District is composed of the Eleventh and Sixteenth Judicial Circuits.
(3) Section 27.51(4)(c): The public defender for the judicial circuit specified in this subsection shall, after the record on appeal is transmitted to the appellate court by the office of the public defender which handled the trial and if requested by any public defender within the indicated appellate district, handle all circuit court appeals within the state courts system and any authorized appeals to the federal courts required of the official making such request: (c) Public defender of the eleventh judicial circuit, on behalf of any public defender within the district comprising the Third District Court of Appeal.

Have a great holiday weekend. Be safe!

Anonymous said...

yep...Dade PD does all Monroe County Appeals

Anonymous said...

Brazil looses to Holland!! Super g skunk on the house at the Bull Frog

CAPTAIN said...

Hey Cathy. How goes it. Still wearing flip-flops to court down in the Conch Republic?

Enjoy your holiday and drink a cool one for me.

Cap Out .....

CAPTAIN said...

to 8:11 am

Melvia Green
Teretha Lundy Thomas

Cap Out

fake pat riley said...

Everybody wish Kenny Weisman luck as he joins the Miami Heat's sign Lebron James Cleveland mission. Kenny will be rep'ing sobe chic to his homey Lebron.