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 08, 2010

3rd DCA ROUNDUP-KEEPING COOL EDITION

UPDATE: SOBERING UP. Word reaches us that apparently our favourite federal blogger went on a bit of a bender over the 4th of July long weekend. Too many Tequilla shots over too short a time span and the next thing you know he's wrecked his blog with nauseous blue wallpaper and hidden naked nymphs frolicking about. Well he's apparently sobered up because the blog has been changed back to a semi-normal look befitting the respectable trial lawyer that he is. So we encourage all of our readers to click the link on the left and visit the Federal Blog and enjoy its new look.


<----VOTE IN OUR NEW POLL ON THE NEW LOOK OF THE FEDERAL BLOG.

It's hot. You're tired. Your client is cranky. The AC isn't keeping up with the heat and the pool feels like a warm bath. Welcome to Miami in July.

However, at the bunker they called The Third things are humming along.

Before we begin, some guy with a blog really doesn't like the ASA we call "Special K."
Apparently earlier this week some case got nolle prossed and everyone is up in arms over it, even here at the civil blog. You figure it out. We have better things to do.

WHO'S THE HARDEST WORKING PD?
WHICH JUDGE JUST GOT SPANKED FOR COPYING FROM THE STATE AND GET'S HIS OWN WING IN THE RUMPOLE HALL OF SHAME?
WHAT'S RUMPOLE'S FOURTH RULE OF LAW?
Read below, and find out.


The hardest workin PD in Miami is at it again! Yup, you know him, you love him, you can't enter Judge Thorton's courtroom without seeing him in action. We speak of none other than JAY KOLSKY, Esq, SUPER PD !!!!!

Unfortunately for Jay, he's just going to have to keep working harder than the rest, because in State v. Bowens, the court reversed Judge Thornton's order allowing Jay to withdraw from cases because of his burdensome case load.

Here's the deal- Silent Charlie and his crew are trying to get the 3rd and the Supremes to say that an excessive caseload in and of itself is sufficient for the PDs to decline representation and if already appointed, to withdraw.

In the legendary words of Oliver Wendell Holmes: Ain't gonna happen. No appellate court is going to draw a line in the sand and say any amount of cases over that number equals a conflict. What the 3rd required in the previous case (now on cert before the Florida Supreme Court) and in this case is an individualized showing on a case by case basis:

On May 13, 2009, before the present case was filed, this Court reversed a trial court order permitting PD11 to decline representation in all future third-degree felony cases by reason of PD11’s excessive caseload. See State v. Public Defender, Eleventh Judicial Circuit, 12 So. 3d 798 (Fla. 3d DCA 2009), review granted, No. SC09-1181 (Fla. May 19, 2010). We held then, and continue to hold, that while a trial court must determine whether counsel is sufficiently competent, this determination must occur on a case-by-case basis. Id. at 802.



COME ON JUDGE MILLER- BE A JUDGE.

Here's the thing about Judges we don't understand. They spend all this time trying to get elected or appointed, and then when they get on the bench they don't want to do the scut work. It's "Tee-times" "and who's getting the check at Joes?" that they all worry about.


Rumpole's Fourth Rule of Law: When you rely on someone else to do the dirty work, it only makes matters worse.


The appellant appeals from the trial court’s order striking his motion for post-conviction relief under Florida Rule of Criminal Procedure 3.850 as facially insufficient. The order, taken verbatim from the State’s response, strikes the appellant’s motion without prejudice for failure to meet the requirements of Florida Rule of Criminal Procedure 3.851(e)(2)(C).


Here's a judicial practice tip: Font sizewhen you deny someone's motion, you need to cite THE CORRECT STATUTE!


Miller gets himself reversed, and we think publicly humiliated by cutting and pasting (or just old fashioned copying off of someone else's paper) from the State's response. No one bothered to read the statute. It's called fact checking. After he typed his order, did he bother to review it and double check the statute before signing it? NOPE.

And for that Judge David Miller, you get your own wing in RUMPOLE'S HALL OF SHAME. It's the "not checking your work and copying from the State" wing, and hopefully it will not get over crowded.



See you in court, where because of our lovely robed readers, there's never a dearth of things to chuckle about.

22 comments:

Anonymous said...

The woest part, Judge Miller is a nice guy who I would love to vote for, but then he does dumb $h1t like this and otherwise fighting over fax machines. seriously!?!

Anonymous said...

Anybody else see none other than His Honor Peter Adrien sitting in the audience while georgia Ayers spoke on tv yesterday about the need for calm in the community after the newest police shooting? Could it be that "Comacho" is pandering again???????

Anonymous said...

Yeah, like Adrien has been real sympathetic to the problems of the inner city. He loves slamming young black kids with long prison sentences.

I propose that all defense attys walk into his court the day after he loses the election just to sit and gloat.

You know, someone in his shoes who must realize just how widely he is despised might try and reach out and speak with some lawyers and find out what he is doing wrong. Not Mr. Fancy pants, who goes right on being as ignorant and dumb a judge as you will ever see. But here's the problem- behind the ignorance and stupidity is a mean streak a mile long- and he loves taking it out on defendants.

Anonymous said...

ALL JUDGES regularly adopt the State's response in denying pro se Defendant's post conviction motions. I see tons of these orders and they don't get reversed. When the State is right, there is nothing wrong with the practice.

CAPTAIN said...

THE CAPTAIN REPORTS:

JUDGE MILLER TO CIVIL .....

Judge David Miller will be moving back to 73 West Flagler come late August or early September.

Judge Kreeger's replacement will be named by Governor Crist around the end of July and that person will likely move into Miller's spot - although that is subject to change.

Either way, Miller is out of Criminal and back to Civil.

Cap Out .....

Anonymous said...

Horace
I dont get why that other blog is bad mouthing Bill the K. Always liked the guy. He is the last to be in a conspiracy, he aint the go along for the greater good kinda guy. He is a Straight Shooter.
D.S.

Anonymous said...

In Broweird, the judges (law clerks) merely write orders saying we adopt the State's response and attach the State's response to the order. At least in Dade the judges (law clerks) copy the orders verbatim.

Rumpole said...

We understand the practice of adopting the state's order. The real problem here is he obviously didn't THINK about the issue. If he had spent any judicial time thinking about the case, pondering what is right or wrong, analyzing the facts and reading the case law, he would at some point reached the startling conclusion- "HEY, THE STATE'S RESPONSE IS WRONG- IT DOESN'T EVEN ADDRESS THE SAME STATUTE THAT THE DEFENDANT FILED UNDER."

But that didn't occur here. In how many other cases has a judge deferred to the state because they didn't feel like reading the motion?

Anonymous said...

Yes, Grumpy Rumpy but, we all make mistakes and quote the wrong statute.

Sometimes we get all wraped up in the argument and miss the key statute.

Now, I am also not a fan of Miller but, let's face it, circuit judges are sick and tired of Rule 3 litigation and 95% of it is simply bullshit.

Maybe if those bastards would simply stay in their offices past 2 pm and actually read the shit we file, we would have less reversals.

Anonymous said...

Captain...anything else old to report? Obama beats McCain?

David Oscar Markus said...

Still playing with the look. Stop hating.

The Straw Buyer said...

DS @ 8:05,

K is hardly a straight shooter. I have audio of him rambling before Barzee lying about the facts of the case for nearly 43 minutes, I have pages and pages of evidence he fabricated, testimony he coerced from witnesses, etc...

Watch what happens with your "straight shooter" and see how he defends himself before the bar. Bill, what's gonna happen when the sao, bar and the national media learns about those "confidential" subpoenas you sent out back in August and Oct '09?

Anonymous said...

Hey Rump

Putting aside the Judge Miller thing and in general, what percentage of those 3.850 motions are complete bullshit? Does it matter? Should it matter?

Anonymous said...

edith georgie got mad skills. and so do i. im back!!

gabe martin

Anonymous said...

I heard Newman is gone- a source told me that he does not even have a chance- maybe its time for him to be (1)rational, (2) nice (3) not treat the Def and State and everyone like shit (4) think a little bit about what the law says before he rules (specifically law in his jurisdiction)--------too bad we can't trade him like the heat did Beasly! down with extra-special Ed

fake judge miller said...

Here- this is my response to you rumpole:

Yes, Grumpy Rumpy but, we all make mistakes and quote the wrong statute.

Sometimes we get all wraped up in the argument and miss the key statute.

Now, I am also not a fan of Miller but, let's face it, circuit judges are sick and tired of Rule 3 litigation and 95% of it is simply bullshit.

Maybe if those bastards would simply stay in their offices past 2 pm and actually read the shit we file, we would have less reversals.

Anonymous said...

846: Newman got the police union endorsement over the Al Milian backed candidate. A real shocker. Doesn't sound like he's gone to me.

Anonymous said...

i started as a pd infront of judge newman.
he had just started as a criminal judge.

i was before him for 4 months and it was the best div in county court because he was one of the only judges who would try cases and not punish people for going to trial. anyone who hates on newman is a pussy who is afraid to try cases. that was the way it was then and that is the way now.

as for manny? that's just manny being manny.

Scott Saul said...

The nature of "fraud" cases is quite distinguishable from many of the other blood/guns/drug cases. Bill K has been in the SAO for over 20 years and he is always a pleasure to deal with. He is personable, diligent, fair and always accessible.

I don't know anything about the case that he received bad pub on but I will instinctively stick up for him. He is one of the good guys

Anonymous said...

T-minus less then 1 month before Newman is launched- no tears here!

Marty Kohn said...

"I don't know anything about the case..."

With all due respect Mr Saul, reserve your judgement until you learn about the case.

Anonymous said...

Rump,

Kostrzewski is on vacation visiting his mom, when he gets back the SAO has a surprise waiting for him. Scott, it's precisely those kind of presumptions that have gotten Bill into this pickle, he should have been kicked out of the SAO years ago.