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.
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: when 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.