JUSTICE BUILDING BLOG

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. POST YOUR COMMENTS, OR SEND RUMPOLE A PRIVATE EMAIL AT HOWARDROARK21@GMAIL.COM. Winner of the prestigious Cushing Left Anterior Descending Artery Award.

Sunday, October 24, 2010

NFL 2010 WEEK SEVEN

UPDATE! WHAT A DAY! Rick F and BDTD are out of the suicide pool as the Browns stun the Saints and Miguel De La Over and Plea D were down to the wire as the Ravens squeaked out a win in OT. With two people left, this is a good time for us to announce.....
SUICIDE POOL 2.0!! Week Eight till the end of the season. Anyone game?

Mr. Markus took the Jags +9.5 at KC and lets see....KC won by about 200, so DOM takes a loss while we romp with the Falcons over the Bengals and add 300 to our kitty as well.
Rumpole is 5-2 while DOM is a pedestrian 3-3-1. We we're up 360 for the year and we won our two team teaser, so we're up 600 for the day, but 300 of that is committed to the IF bet on the Cowpokes. Either way we're well in the black for the week, and 13-11-1 for the season.

It's a beautiful day here high in the Sierra Nevada Mountains, especially when we're winning.


Suicide pool:
Miguel De La Over and Plea D have taken the Ravens and then nevermore;
Rick Freedman and BTDT march with the Saints.

We're at the Starbucks here in Truckee, on the Donner pass (stop by and see us, the latte is on us!) , and internet is spotty up here at best. We are writing this Saturday night and may not be able to get anything else up for Sunday before evening your time.

Rumpole v. DOM: Falcons -3.5 over Bengals, and put us down for 300 Matt Ryans as well.

FIRST TEASER OF THE SEASON! Remember that teasers pay 11-10 and you get an extra six points per team:

Bucs -3 (teased to +3) over Rams for 200 and...

Philly at Tennessee over 43 (teased to over 37)....laying 330 to win 300. And while we're at it, lets play an IF. IF the teaser, then

Cowpokes -3 over Giants.... so if our teaser wins, then we are laying 300 on the Cowpokes.
We called our favourite guy, known to you readers as 52nd Street Irwin, who currently and permanently makes the lines out in the sands of the desert of Vegas for a legal book, and he said we could actually parlay the teaser bet on the cowpokes but for complicated reasons it's better to play the IF bet.

Next week: IF and REVERSE bets.

Have fun.

24 comments:

Anonymous said...

Hang your shingle and wear flip flops, work half days and plead your client at first appearance.

Good luck.

Anonymous said...

Horace
Could we please move past the issues of flip flops and full days work. These are BS subjects. Grow up , move on.
Carlos is/was in his rights to demand we look like a State/Gov't. Office. We are public employees and we APDs are ESQs. Ive seen some of our young Attys who need the rules, who didnt get it still, but it looks better than under the former Administration when grunge was chic. Flip flops holey jeans old torn sneaks,, unironed clothes. OH My
D.Sisselman

Anonymous said...

Rumpole
Tho the member of the coup who wrote last post; No you were wrong. Wrong Time Wrong Reasons Wrong Motives in Your Hearts.
D.S.

Anonymous said...

pensions is the word that defines the motivations of the 5th flloor

fake jay white said...

Report from the upper decks:
It was mayhem today Rump, pure mayhem, as a smelly group of black and gold wearing fans dared enter our upper decks. They tried to start some chants, but we put them right down with one of our favorites:

Lousaka Lousaka Lousaka Polite!!
As long as he plays the dolphins fight fight fight fight!

And the old standby
Chad Henne Chad Henne
at least his name's not benny.

Tough game to lose.

Anonymous said...

All you whiny government lawyers should stop bitching.......get out into the real world as a private lawyer .......see what happens in the real world .....you won't have time to bitch that's for sure

Anonymous said...

Dear DS

Do u remember how excited u were when u first heard the news that gabe was going to run. Don't front.

Anonymous said...

9:22
I was NEVER excited about Gabe running. It was wrong AND didrespectful.
D. Sisselman

Rf said...

Congrats to the final two in the suicide pool. I tried to defend my title but Drew Brees did me in with four INT's including two pick sixes. Who would have thunk that the Brownies could beat the Saints.

Anonymous said...

I was reading about the Leyritz DUI manslaughter trial in the Sun-Sentinel.

"Circuit Judge Marc Gold has ruled that evidence showing that [the victim] was more intoxicated than Leyritz, not wearing a seatbelt and had been receiving text messages around the time of the crash will not be admissible at trial."

What the hell is that????

Michael Feiler said...

Denver did me in. Good luck guys.

Anonymous said...

disrespectful? david what the hell are u talking about? democracy is great and u were very excited....

Anonymous said...

apparently 1:13pm hasn't read the 4th DCA in the last 6 months on DUI manslaughter and the victim's BAC being inadmissible...

Anonymous said...

Why was it disrespectful DS? This is America isn't it.

Because we felt there was a lot of waste going on at the office and no one ever did anything about it.
Because we often complained and nothing ever changed. Because too many 5th floor types were making 100k and literally doing no work.
Because Bennett was disattached and had nothing to do with running the office. Because they forced the talented lawyers out too early. Because too many investigators got carte blanche to do as they pleased forcing me to find my own witnesses. If those reasons amount to disrespect then you got it.

Now obviously Gabe was the wrong candidate and the whole running as a Republican thing was silly in hindsight, but there were obvious reasons why it happened and why it needed to happen. Anyway except for Gabe we are all doing well in private practice. We had a blast trying it and all have a bond that will never end. At least we went out with a fight.

Anonymous said...

DS

If kissing ass got you rich you would be a billionaire.

CAPTAIN JUSTICE said...

The Captain Reports:

They're at it again North of the Border.

Now it's dualing emails between the Chief Jefe and Help Me Howard on behalf of the PD attorneys and their clients. Finkelstein wants Judge Seidman shipped out of his division and it seems that Judge Tobin is not prepared to act absent video evidence of Seidman's out alleged out of control behavior.

Never a dull moment in the County named after Governor Napoleon Bonaparte Broward.

Cap Out ....

CAPTAIN JUSTICE said...

to 1:13 PM;

Good question?

FSJI 7.8 states:

State must prove three elements:

1. (Defendant) drove or was in actual physical control of a vehicle.

2. While driving or in actual physical control of the vehicle, (defendant)

Give 2a or 2b or both as applicable.

a. was under the influence of [alcoholic beverages] [a chemical substance] [a controlled substance] to the extent that [his] [her] normal faculties were impaired.

b. had a [blood] [breath]alcohol level of .08 or more grams of alcohol per [100 milliliters of blood] [210 liters of breath].

3. As a result of operating the vehicle, (defendant) caused or
contributed to the cause of the death of [(victim)]

So, the question becomes, in order to challenge Element number three, should the defendant be permitted to introduce evidence that tends to create reasonable doubt as to whether they "caused or contributed to the cause of death of the victim".

What say the readers; maybe one of our DUI veteran can chime in with their thoughts.

Cap Out .....

old guy said...

Awfully hard to DISPROVE that your client "contributed" to the cause of death. Case law talks about the deceased being the exclusive cause before the defendant is off the hook.

Even in lawyerly discussion, we could only come up with one good Hypo: Assume your client is driving in his own lane, at a speed well under the limit, and the drunken victim leaps out in front of the car in a manner in which the accident was 100% unavoidable...

Not the fact pattern in Leyritz's case.

Anonymous said...

HR
I think it is disrespectful to attack the guy who not only gave you a job but you still work for. The Coup elite should have RESIGNED and than run. But to do it as bolshakicks (sic) is disrespectful. Quit and run thats OK and American. But run while an APD ,that was intended as an insult to Bennett.
DS

Anonymous said...

Captain,
You ask about #3
3. As a result of operating the vehicle, (defendant) caused or
contributed to the cause of the death of [(victim)]
"Caused or contributed"
I don't think he was the cause. But the statue uses OR.
Of course he contributed. If he wasn't there driving, there wouldn't have been this accident. Even if she was trashed, texting, running red lights at 90 mph, if his vehicle wasn't there, this accident wouldn't have happened. Granted she'd probably kill herself, but I think the statute's wording of 'contributed' makes it a very easy burden for the state to prove.

Anonymous said...

david
i quit and supported gabe but at least 20 others in the office gave money while they worked for bennett. they were all hard working public servants who felt they worked for there clients rather then bennett. bennett was a vacant leader and got what he deserved. carlos is a nice guy but he needs to adapt his leadership style or history will repeat itself.

Anonymous said...

If you have to quit to support the opposition, then expect the PDO to be virtually empty by the next election!

Anonymous said...

DS
You were a secret Gabe supporter and everyone knew it. You were in on secret meetings against Brummer. You are revising history in quest of redemption. You are forgiven my son. Move forward

Anonymous said...

748
BS
DS