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. THIS BLOG HAS BEEN CALLED "THE DEFINITIVE BLOG ON MIAMI CRIMINAL LAW" BY THE NY TIMES, THE WASHINGTON POST, THE POPE, AND DONALD TRUMP WHO ALSO ONCE SAID IT WAS "REALLY GREAT". POST YOUR COMMENTS, OR SEND RUMPOLE A PRIVATE EMAIL AT HOWARDROARK21@GMAIL.COM

Wednesday, February 02, 2011

EVENT CALENDAR

UPDATE: DOM HAS EXCLUSIVE FLORIDA BLOG COVERAGE OF THE CONFIRMATION HEARING FOR KATHY WILLIAMS BEFORE THE SENATE JUDICIARY COMMITTEE. CHECK IT OUT, INCLUDING THE EXCLUSIVE CELL PHONE PICS BY DAVID, WHO APPARENTLY WAS PRESENT. We have been mostly stuck in DC for weeks and invited David to lunch or dinner, on us. No reply yet.
UPDATE: Sun Sentinel story on dismissal of DUI charges against Al Milian.
Full blog story below.

Courtesy of the FACDL (Motto: "Dues dues dues")

Friday, February 4- Investiture of Judge Samantha Ruiz Cohen, 73 W. Flagler Street, Courtroom 6-1 at 12:15 (Rumpole NOT invited)

Friday, February 11- Investiture of Judge Milton Hirsch, 73 W. Flagler Street, Courtroom 6-1 at 12:15 (Rumpole definitely NOT invited).
Wednesday, February 16, Board of Directors Meeting, Federal Public Defender's Office, 15th Floor at 5:45 p.m. Special guest is United States Attorney for the Southern District of Florida, Wilfredo Ferrer. We will also be voting on Banquet Awards. (Rumpole not nominated).

Thursday, February 17, lunchtime CLE, "Defending Guilty Clients" co-sponsored with the Law Offices of Carlos Martinez, Public Defender, from 12-2 p.m. RSVP to Maria Ph at (305) 545-1600. Lunch will be provided by Transitions Recovery Inc. (See attached flyer) (Free lunch????hmmm....)

Wednesday, Feb. 23, "Lunch with the Judges" invites 12 members to join Judges Monica Gordo and Jorge Rodriguez Chomat newly elected to the Circuit Criminal Bench. Lunch begins at noon at The River on Brickell. Cost is $20/person. Please RSVP to me at (305) 403-8063 or by email. Checks can be made payable to FACDL Miami and mailed to Jude Faccidomo, 9130 Dadeland Blvd, Ste 1910, Miami, Fl. 33156. (Rumpole interested. NOT! Yeah, we want to have lunch with a bunch of judges right after we volunteer to wash the floors in the Broward Courthouse. No offense intended to these particular Judges, who we sure are very nice lunch companions.)

A GREAT VICTORY FOR THE DADE PD APPELLATE DIVISION:

The following was an email Arnie Trevilla sent out congratulating PD appellate lawyer Robert Kalter for getting a 30 year conviction and sentence reversed on a fleeing an eluding charge.

Attached is a Fla Supreme Ct opinion overturning my clients 30 year sentence for Fleeing and Eluding in Rock Court before Judge Jimenez. Public Defender Appeal lawyer Robert Kalter saved this guys life! The smartest and brightest lawyers I have ever met work in appeals at the Public Defenders office and Robert Kalter is just one of them. Nice job Robert. Audra Johnson and his family are very happy. The issue the court reversed is something we should all be aware of. Read the opinion if you get a chance..its worth it



"The issue before this Court is whether it is per se reversible error when a judge erroneously instructs a jury prior to deliberations that it cannot have

any testimony read back. We hold that the error, if preserved, is per se reversible because it is impossible to determine the effect of the erroneous instruction on the jury without engaging in speculation, and thus a reviewing court is unable to conduct a harmless error analysis."

Rumpole says: First, kudos to Mr. Trevilla if he was the trial attorney, for being on the ball and objecting and preserving the error. This has bugged us for a long time and we have laboured long and hard to spread the word that judges CANNOT tell jurors that they cannot have testimony read back or typed up and that it is per se reversible error to tell a jury that so long as the defense objects and preserves the error. Great job to Mr. Kalter for hitting one out of the park and great job to the trial lawyer for doing their job and preserving the error.


When in doubt- OBJECT!


PS: Julio: 30 freaking years for fleeing? Really? 30 years? 15 wouldn't have been enough? 30 years (360-life) is the highest level under the federal guidelines, reserved for the most serious of cases. You've been around from the time when a second degree murder in Florida under the old guidelines was 12-17. And now you're handing out out three decades for a fleeing?

32 comments:

Anonymous said...

maybe the guy had a sex battery on his record? or a murder. or armed robbery. just a thought

Anonymous said...

Jimenez gives a defendant 30 years for leading police on a chase but 366 to a convicted robber on probation who picks up a coke sale????

P. Nis said...

It's time for Julio to go.

Anonymous said...

So if you have a dufus for defense counsel who can't seem to push the envelope or open his mouth and preserve the error you sit for 30 years.

This is exactly why poor people spend countless years in jail and those who have the gold get probation.

Anonymous said...

Judge Cope was correct and he dissented. Which Judge's at the Third made the majority?

Anonymous said...

There was an article about "Burn Notice" star Jeffrey Donovan getting a breakdown to reckless for his 2009 DUI. Dispo showed adjudication withheld?

What gives? I thought all breakdowns were adjudications.

Arnie Trevilla said...

Rump I was the attorney at the trial. Aundra Johnson was acquitted of the Burglary the most serious charge. I was surprised the jury acquitted him considering I blamed the Burglary on some fictitious third person who wasn't at the scene of the burglary but they came back guilty on the LSA w lights and sirens a second degree felony. Jimenez gave him 30 followed by 10 yrs probation. It was a court appointed case and the family is going to ask that I be reappointed for the retrial. In all fairness to Julio the guy was also charged w 7 other burglaries and those were also vacated and will be set for trial again. However, the cases were all drug related. All of Aundras priors were non violent property offenses that he committed while high or to get high. I was Really upset at the sentence because i dont believe Aundra was a bad person at the core. After the sentence of 30 yrs he thanked me. And i have maintained contact with the family throughout the appeals process.

The other Burglaries were factually terrible cases so we plead with the understanding that the cases would be vacated if the case came back on appeal. I had a feeling we had a good shot on appeal. I have to be honest, the issues I thought were most promising on appeal were not considered by the appeals court. The objection I made that Robert got the court to reverse on was a hail mary. I wouldn't have guessed the read back issue would carry the day.

I guess the moral of the story is when in doubt......OBJECT!!

Arnie

Anonymous said...

I use to respect Julio. I did my bit to help him get on the bench, thinking he was a decent guy, who would be fair. Never though he would forget his origins. I have experienced his BS! Still remember what chicken s - - - - he pulled on old Sy Gaer (questioning his illness). Sy, who Julio worked with for years! Sorry to say it, but he deceived many of us. He does not deserve to continue on the bench.

Anonymous said...

6:01:00 PM

Just call the Q.

Anonymous said...

Mr. Johnson was a 43-year old career criminal with a criminal history of 37 cases, 13 felony convictions, and 4 times in prison. He led police on a high speed chase after a burglary where he was seen by the homeowner who responded to a home alarm. The codefendant who got 8 years in prison on a plea testified against him. Mr. Johnson's criminal record consisted mostly of burglaries and theft offenses.

Anonymous said...

why are you such a phony? why so insecure? some of my best friends are state court hacks. embrace your inner hack. not everyone can be a real lawyer.

Anonymous said...

"...I blamed the Burglary on some fictitious third person who wasn't at the scene of the burglary..." Really, Arnie? You must be so proud! You probably told the jury that they were here to seek the truth. You are a scum bag.

Rumpole said...

Word is the Q is apoplectic over the Milian motion and Shumie success. People in the office cannot mention it and the website to the articles has been blocked.

Shumie DUI lawyer of the month? Early lead in the dui lawyer of the year

A Trevilla said...

Anonymous @ 3:48:00 PM you are obvioulsy a newbie state attorney. Your comment reveals how naive and inexperienced you are. Whenever the state is trying to take your clients life away its your ethical and legal obligation to do everything wihtin legal and ethical bounds to win. Win!Including blaming it on someone else. Especiallhy when the evidence in the trial supports the existence of someone else. regardless of whether its "true" or not jizz shot. Learn the difference between legal guilt and factual guilt. Why dont you go be an accountant or hairdresser, or something that doesnt require a pair. You obviously dont have what it takes. Please dont moderate this RUMP. You let jiz shot over there call me a scum bag you at least have to let me respond.
A T

Anonymous said...

Lyons' withhold on reckless for Donovan has to get him a nomination.

Anonymous said...

3:48

Arnie Trevilla is a hell of an attorney who goes to trial more often than 99% of the lawyers in the Gerstein Building.

You do whatever you can to raise reasonable doubt. There is a difference between knowingly putting on false testimony and suggesting, through cross-examination and argument, an alternative theory of the crime.

And yes, given the fact that his client was acquitted of the most serious charges and just got his conviction reversed on appeal due to Arnie's preservation of the record, he should be very proud.

Either your a disgruntled ASA or a bottom-feeding defense attorney grinding out Sun Pass violations.

You're probably the same piece of shit who undercut me last week on a drug case and took it for $500.

Funny thing, too - you've been practing 25 years longer than I have.

Anonymous said...

Arnie,
You shouldn't be talking about the cases at all. Its set for trial. if I were the family, I wouldn't want you reappointed after those statements you just posted.

Anonymous said...

Kudos to Jimenez for having the balls to protect us from a piece of shit who has never lived an honest day in his life. what the fuck is wrong with the people on this blog? yeah yeah we all fight for our clients but at the end of the day a career criminal with 7 pending burglaries who has been to prison 4 times really deserves the max.

it is hard to square with his giving the cop killer a cts plea on an armed roberry PVh but we all know he just wanted to close a case off his audit like all the ringmasters do at the MJB circus every day.

Anonymous said...

3:48:
DITTO. Love how Arnie revels in misleading the jury. What a low life. At least have the class to keep your mouth shut (or your keyboard closed).

Anonymous said...

Who is the Q?

Anonymous said...

Seems that the judges today had a phone conference on judicial qualifications. Some want to impose a mandatory minimum 10 year practicing limit on anyone that runs for judge and are considering to endorse Bob Levy's (you know, the campaign manger to the stars) lobbying to the legislature. (You can do the math) Undoubtedly it will be endorsed by you. But from what I hear nearly a third of the judges that support this were elected with less than that many years experience. Is this the country we want to live in that will impose conditions on the people that run for office? If so, perhaps we should impose the same conditions for President? After all, the current President had less than 2 years as a Senator.

Anonymous said...

Arnie

Did u blame that brother who used to wear a bow tie at the pdo?

Anonymous said...

Judge Slom has become the first sitting Judge to file for the 2012 race. Question, will this be a repeat of 2006 or will we all play in the sandbox and share the toys?

Anonymous said...

Arnie,

As an ASA I can only say any respect I had for you just went out the window.

"I blamed the Burglary on some fictitious third person who wasn't at the scene of the burglary "

How can anyone ever take you seriously. You defend your client within ethical limitations. If you believed that there was a third person, than this defense flies with me. However, you knowingly say it was fictitious. You knowingly come on here to and brag about lying. That mitigation packet you give me next time, I guess I will pretend to read it. Then I will give you some BS excuse, and then recycle it.

This is what's wrong with the system. Protect everyone's rights to the fullest the constitution provides. Try to put as much reasonable doubt you can into a jury's mind. You expect the State to to play by the rules, so why not yourself?

Anonymous said...

Obama had less than 2 years as a US Senator. We seem to neglect that he had 7 years and 10 months as a State Senator.

Perhaps now we're qualifying the kind of experience a candidate can have, restricting it to Federal only?

GW only had 5 years, 11 months as a State Governor, and 0 years of Federal experience. (I'm being generous because for GW I'm using total time served, not how much he had at the time he entered the Presidential Race as we did for Obama. If we go by total time served, Obama did 3 years, 11 months as a US Senator.)

Clinton had 2 years as a State Attorney General, 11 years, 11 months as a State Governor, and 0 years of Federal experience.

Reagan had 8 years as a State Governor, and 0 years of Federal experience.

So now we have to requalify the message. So is the message we're sending here that only State Governor experience or US Senator experience counts?

I'm not sure how this rule could be implemented because too many assumptions have to be made.

Anonymous said...

Arnie is a good guy. He was just excited about having a nice win.

Give the guy a break- self important haters
$

Anonymous said...

Thanks for proving my point Arnie.

And to 5:34, just becasue a lawyer goes to trial a lot doesn't make him a great lawyer. It sometimes just makes him a lawyer that cares less about his client and more about saying he's a great lawyer.

Abe Laeser tried relatively few cases but is a great lawyer and person.

Arnie may try a lot of cases but he is a mediocre lawyer that can't spell.

3:48

Anonymous said...

Trevilla is being honest, his mistake was not using the right wording for lying, like for example "pre-trying the witness" see if you say that you can tell a cop or civilian to lie on the stand and its ok. I mean only if your an ASA, of course, because they seek the truth, unlike scum bag defense attorneys. Arnie was just "pre-trying" his theory of the case...... see now its ok.

Anonymous said...

oh, it's on now.. don't stop now. sticks and stones may break my bones, but chains and whips excite me. ahhh.

Anonymous said...

arnie trevilla regularly clogs up the FACDL list-serv with inane and poorly spelled cries for help and half-assed legal advice. sometimes less is more, arnie. Think before you post.

Anonymous said...

@ 11:26


We have an adversary system. In that system, it is the right and responsibility of the defense counsel to suggest, and imply, mistake, coaching, perjury, incompetence on the part of witnesses, and the plausibility of other hypothesis of how the crime might have occurred, or suspicion of other persons, even if he does not have the evidence to prove it is so, or has been deprived of the evidence. Kyles v. Whitley, 514 U.S. 419, 441-46, 115 S.Ct. 1555 (1995).

It is the obligation of defense counsel to suggest plausible theories of innocence simply on the basis that they have not been precluded by the proof. E.g. United States v. Glenn, 312 F.3d 58, 70 (2 Cir. 2002).

Deal With It. [/sunglasses down]

Anonymous said...

Blumburg is crabby, mean, and needs to retire, bring in new troops to that division.