Tuesday, June 29, 2010
Monday, June 28, 2010
Sent: Monday, June 28, 2010 12:03 PM
To: All BHB Building Users
Subject: Thank You for your kind thoughts
To all of you who have wished me well in my time of loss, Thank You for your kind thoughts. This morning, due largely to the executive activation of the PD Delta Team, my purloined Blue C.R.B.s have been anonymously returned. I thank all for their willingness to contribute to the ransom , but millions for Defense but not a cent in tribute.
Germany 4 England 1.
Saturday, June 26, 2010
It was with a mixture of bemusement and haughtiness that we watched the American team in the world cup. Getting a tie against our beloved boys from England two weeks ago was difficult to swallow. But these Yanks had pluck, coming from behind again and again.
Friday, June 25, 2010
Wednesday, June 23, 2010
We agree with the defendant that the lab report was not admissible into evidence as an exception to the hearsay rule. See Hogan v. State, 583 So. 2d 426 (Fla. 1st DCA 1991) (holding that, at a probation revocation hearing, the business records exception to the hearsay rule is inapplicable when no one from the lab testifies as to knowledge of testing and reporting procedure; therefore the lab report is inadmissible). The lab report is nevertheless admissible as hearsay at a probation violation hearing. Isaac v. State, 971 So. 2d 908 (Fla. 3d DCA 2007). However, hearsay alone is an insufficient basis upon which to revoke probation.
Rumpole grumbles: Outside of certain theories in Quantum Mechanics in which something can possibly and simultaneously exist in two opposite states (ie., the window is open and closed, or in Schrodinger's cat, the cat is both alive and dead in the box) this decision is contrary to the fundamental laws of the universe. Either a lab report is admissible in a PVH or it is not. It cannot be both. Yes it can. (See how confusing that is?)
* we express our opinion only as to appellate courts on or near the FIU campus and not as to the 3rd DCA vs. any other appellate courts.
Tuesday, June 22, 2010
Monday, June 21, 2010
Saturday, June 19, 2010
By any other name would smell as sweet;
Retain that dear perfection which he owes
Without that title. Breslaw, doff thy name,
And for that name Breslaw which is no part of thee.....