Monday, July 26, 2010

LAST MONDAY IN JULY

Our long hot summer is half over as July comes to a sizzling conclusion this week, and not a moment too soon.


It was over 100 degrees in the Baltimore/DC area this weekend and temperatures approached 100 from Bahstan to NY and Phiily as the eastern seaboard baked under a summer temperature inversion.




We don't know all the facts, but it appears Judge Illona Holmes in Broward sentenced a former Police Officer to 60 days in jail for hitting and killing a pedestrian while driving at speeds that exceeded 90 MPH.




DAVID RESPONDS:


Mr. Markus seems to think that we're "picking a fight" with him over the issue of whether an attorney should ever promise in opening statement to put his/her client on this stand.
We object.
We're not fighting, we're having a discussion. Here was part of Mr. Markus's response on his blog:


And I agree that in most cases, you can't make that promise. But you can't have hard and fast trial rules. Sometimes, it's worth taking that risk in opening. Every case is different, so I have only one rule of trial practice -- there are no hard and fast rules. 



Rumpole says: Of course Mr. Markus is right. And while we can envision cases where it may seem advantageous to promise the jury that your client will testify, we stand by our prior analysis- the risk of the foundation of the trial changing during the testimony and forcing the attorney to go back on his/her promise is not worth the reward. But to quote the noted trial expert Felix Unger: "Legal minds may differ." And certainly who can argue with Mr. Markus's success?


But here is the master:

18 comments:

Anonymous said...

Rump,

Judge Holmes could only sentence the police officer to a maximun of 90 days because the jury only convicted the Defendant of reckless driving. It was an unbelievable job by the defense attorney in that case. But no need to bash judge Holmes, the most she could have done was another 30 days.

Anonymous said...

Interesting correlation how the good judges have good judicial assistants and the bad judges have bad judicial assistants.

Rumpole said...

I'm not printing the comment calling a particular lawyer a "rat" because 1- there's no proof of it; and 2- He's a friend of mine, so FU.

Rumpole said...

Thanks 833 AM- there wasn't a lot of info about it.

I wanted to start a discussion about sentences for crimes committed with automobiles because they just seem to be getting way to high for a negligent act.

Anonymous said...

too high, Rump, it's "too" high.

Gotta keep you straight.

Anonymous said...

are you saying that 60 days for killing someone while driving recklessly is "too high"? Obviously, the officer must have been driving at that speed improperly (i.e. not on an emergency, etc.) or else they would not have convicted him and my guess is that he would not be a "former" officer.

Just this morning, I had a kid (19 or 20) deliberatly try to run me off the road (and did run me onto the median) for the horrible offense of pulling into his lane to get around a stalled car. While that is agg assault, he didn't seem to bothered by it as he shot ME the bird and stuck his tongue out and wiggled it up and down in what I can only guess was his attempt at making a sexual gesture.

Everyday, I see people cutting in and out of traffic with inches between the car in fornt of them. I see people actually flying down I-95.

I'm curious, when they kill your family member, will you think the judge should be lenient for their "negligent" act????

CAPTAIN said...

THE CAPTAIN REPORTS:

Why no black women lawyers on federal JNC? ....

This is a Commentary written in the DBR today by Marva Wiley, Past President of the Black Women Lawyers Assoc.

She starts out:

"ederal Judge Alan Gold recently announced his imminent transition to senior status, renewing a fervent dialogue that is just over a year old — the failure of U.S. Sen. Bill Nelson and then U.S. Sen. Mel Martinez to appoint even one black woman lawyer to serve on Florida’s Federal Judicial Nominating Commission.

The JNC will soon begin the process of selecting Gold’s replacement on the bench. But black women lawyers will have no say in that process. "

She goes on to say:

"While some male lawyers still relegate all women lawyers to subordinate status, black women lawyers often face an even greater challenge. My contemporaries and I who grapple with the notion of professional advancement and recognition often refer knowingly to the “Ain’t I A Woman?” experience.

Sojourner Truth begged the question, “Ain’t I A Woman?” when speaking at the Women’s Rights Convention in 1852. At that time, the U.S. Constitution denied women and blacks the right to vote. While notions of chivalry were used as a sword to deny women the right to vote, black women never benefited from the privileges that chivalry afforded. Blacks were not considered people entitled to any rights. Hence, the chivalry argument was lost on black women like Sojourner Truth. "

You can try and read the entire commentary at:

http://www.dailybusinessreview.com/news.html?news_id=64095

Cap Out ....

Anonymous said...

Rumpole More OC Trivia

what was speeds real name?

why was the cruise felix and oscar took so lame?

where was oscar stationed when he was in the army?

what was oscars fathers nickname?

which member of oc cast went on to star with klugman in a new series years later?

Rumpole said...

i swear I am no googling this:

Speed's real name is a great trivia question that I should know but I don't.

Felix Books Oscar on a seniors cruise because of Oscar's ulcer. Remember when Oscar yells at Felix for making the woman eat the prunes, when she wanted to alternate, one day a prune, next day a pill?WHat was her name?

Never heard Oscar's father's nickname. Wait- was it "Pops"?

Oscar was at a Fort in Albany I believe. There are a few different shows that reference Oscar's military service and in one show that is how he meets Felix and in another show that is when he gets married.

Q For you- when Oscar marries Blanche, what is her middle name?


Don't know which member of the case was in another show with JK.

Anonymous said...

Rump odd couple trivia guy here.

gary walberg is the actor who played lt monahan and speed

i confess i didnt know the actors name and i had to IMDB that but the rest was from memory

CAPTAIN said...

THE CAPTAIN REPORTS:

So you want to be a Circuit Court Judge .....

Gov. Crist has interviewed the six finalists for Judge Kreeger's seat. He has narrowed the choices to four. They are:

Robert Galt, III
Darrin Gayles
Browyn Miller
Deborah White-Labora

Those no longer in the running:

Miguel de la O
Lisa Walsh

We should have a new Circuit Court Judge within the next five days.

Cap Out ....

fake blecher said...

IN VINO.........
...............VERITAS!!!!!!........................

Anonymous said...

Holmes should have given him the max. He had a history of speeding and reckless driving. Excellent lawyer from Mr. Dutko on behalf of the defense, but shame on Holmes for not giving him the full 90 days. Was she pandering?

Anonymous said...

rump i got you on all the oc trivia today

speed was horace

dads name was blinky this is how he met felix dad he optometrist

for dix

quincy me speed played lt monahan

Anonymous said...

glad to hear that crist didnt interview de la o

Anonymous said...

Why the hate, 7:41?

Just feeling like taking a cheap shot?

The four who were short listed all deserve consideration, and someone has to get cut. But de la O is a stand-up guy, who did the right thing, paid a big price, and would have made a fine judge.

I'm assuming you lost a big judgment to him or he walked someone you tried to convict, yes? Hey, if he were on the bench at least he couldn't beat you anymore.

Anonymous said...

rump how bout some election coverage? Kuntz v Gordo

Anonymous said...

No, De la O is not a good guy.

Have you ever litigated against him.

He is known as the "litigant from hell" in many circles.

That is why Charlie Quisp did not consider him.

Too many wrote and complained.