In Cordarius Benjamin v. State, Case No 10-1801, defendant filed writ of habeas corpus on July 14 to require Judge Fernandez to hold an Arthur hearing immediatly before 21 days had run or an information had been filed. Two days later, the Third District ruled:
The emergency petition for writ of habeas corpus is granted only in that an Arthur hearing shall be conducted whether or not an information has been filed. The petition is otherwise denied. SHEPHERD and SALTER, JJ., and SCHWARTZ, Senior Judge, concur.
Rumpole notes: Not an auspicious start in Circuit Court for young Judge Fernandez. No Judge should hold a defendant in jail without a hearing when the defendant's counsel is vigorously seeking a hearing.
Longtime and careful blog readers know our appreciation for a life well lived and a well written obituary. Here are a few recent ones that have caught our eye:
Ed Newman passed away, BUT NOT OUR ED NEWMAN. The NBC newsman, who was an erudite advocate for the english language, as well as a reporter for over 40 years, died at age 91. The NY Times Obit is here.
Upon reading about the life of our fellow compatriot Michael Burn, it is easy to understand why we are Anglophiles. He socialized with Adolph Hitler before the war, and led a daring British commando raid on the German dry docks at St. Nazaire in occupied France. Captured, he spent the rest of the war as a POW, where a chance viewing on a propaganda film led to a woman of Dutch royalty sending him a Red Cross package. When he returned the favor after the war, Baroness Ella van Heemstra - struggling in post war Netherlands- sold the items to purchase penicillin for her seriously ill daughter. Michael Burn thus saved the life of young Audrey Hepburn.
Burn wrote several books of fiction and non-fiction; he published poetry and grew up in a French Casino owned by his family. And in the middle of it all, he raised a family AND carried on decades long affair with British/Soviet spy Guy Burgess.
He owned a signed copy of Mein Kampf, and organized a mussel farming cooperative.
All in all, a remarkable 97 years on this earth. The NY Times Obit is here.
The Pope's coming to England and judicial rotations are just around the corner. Up for grabs are a coveted spot in ROC court and some civil rotations for judges worried about 2012.