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

Monday, March 21, 2011

A DARK, BLACK, BLOG

Some people have entirely too much time on their hands. Rather than sit down, read a file and write a motion to suppress (with corresponding memorandum of law if it's going to the 3rd Floor of the REGJB) they decide ..."hey, I know what I'll do, I'll write a blog!"

Welcome, Roy Black to the Blog-a-sphere. Black's Law is here.

After the usual pandering to Rumpole to get a shout out, ("Rumpole does a great job..." {yawn}) Mr. Black gets down to the business of writing his blog:
I am writing this to teach myself. No one else. So this will be personal. I find that putting my ideas on paper helps crystallize them. It makes me think and work out ideas. Ideas about trials pop into my head all the time. During the fall semester at the law school I can use them for lecture topics. But outside of that, I have no forum to articulate them. Unless I make the effort to write them down and flush them out, I am afraid they will be lost. So now I have an outlet to discuss them.

Actually this is a very "Howard Roarkian/Ayn Randian" reason for writing: "I do this for myself." No altruist he, we applaud Mr. Black for echoing our reason for blogging: "Because we like it." Not to enrich the world or help "the poor, the ignorant, the simple." See, Phalen v. Virginia, 49 U.S. 8 How. 163, 168 (1850).

But merely to write, for writings sake. (And to poke a Judge now and then.)

Mr. Black notes that there are 60 million blogs "infesting" (good term) the internet and only 3% last "for any appreciable period." We've lasted for over 1800 posts, (this is our 1884th) but we hardly think that's "an appreciable period" considering that baseball's Cal Ripken played in 2,632 straight games over seventeen seasons. So we'll return to this subject sometime in 2022 (longtime and careful readers remember that we started this blog November 16, 2005).

DOM is excited that Mr. Black revealed his "folder method" for cross examination. (Click here, if you must.) The discourse on the relative advantages versus the disadvantages for writing out cross examination questions is useful, but we frown on attempting to devote a few blogged lines to a subject that takes many lifetimes to master.

Still, overall we welcome Mr. Black to blogging. He is an eminently successful lawyer (and a nice guy to boot) and we look forward to his views in forthcoming posts. His discourse on these pages with Mr. Laser on their epic battle in the Alvarez case (Circa 1982) (See, Rumpole, The Case That Made Miami Burn) remains one of our personal favourites.

Mr. Black rapidly approaches that dreaded "Dean of Defense Attorneys" title that signifies the probability that most of one's battles are behind them. (As Bruce Springsteen sang in No Retreat, No Surrender: "The War outside still rages, but you say it ain't ours anymore to win...")

But you ignore the Lion's roar at your own peril. Even the Lion in Winter.

See You In Court, our cross examination's fully written out, fully cross referenced, but without any folders, per se.


29 comments:

Anonymous said...

Actually, Black's Folder Method works exceptionally well. It requires intense preparation, but is worth the effort.

BTDT

Rumpole said...

Being limited to the front page to get various points across, I didn't really have the space to expound. To say the folder method really works, is to say a pawn moves one space except in the opening move of chess, and now you're ready to go play.

Yes, putting documents (3 copies) in a folder labeled with an issue likely to arise in trial is important to do. And in a varied way we do the same thing. But that is merely the exterior of the building. Its the inner works -the guts of the cross that matters most.

What to say, what not to say (most important) how to say it, when to say it (raise it at the beginning, middle or end) how to deal with the anticipated response- this is the art of cross examination- an art which Mr. Black is a master. That's what we want to talk about. Not folders.

Raising issues in voire dire or with witness A as a subterfuge to see if the other side takes the bait and addresses it with witness B- thus diverting them from the true purpose of witness B- that is what makes this job fun and interesting. Not folders.

If you're walking into a cross without your impeachment material clearly labeled and immediately available- then go back to watching Matlock during the day and working the graveyard shift at the docks at night because this job is not for you.

But folders starts the discussion- lets get into the real interesting stuff.

Hopefully Roy will do that.

Rumpole said...

BTW everyone- check out the JAA blog (Broward) and the issue of the SAO withdrawing a plea offer in a drug case when the defense files a motion to suppress.

We intend to discuss this (again) further this week.

Also- David takes (another) cheap shot at us on his blog. Check it out.

The abuse we put up with seems never ending. And he wonders why we remain anonymous.

CAPTAIN said...

The Captain Reports:

Dear Ass Clown at Sunday/5:40 PM, who wrote:

"they should get rid of depos in juvenile cases. that whole system is for low level lawyers like tamara gray whose name keep getting sent to the governor by the ass clowns who are on the JNC"

Sunday, March 20, 2011 5:40:00 PM

Who is Tamara Gray? Ae you speaking of Tanya Brinkley, whose name is currently before the Governor?

Also, how much time have you devoted to the legal profession, outside of your own practice of law? The members of the JNC literally log hundreds of hours (and his year maybe a thousand) in performing their jobs of attempting to identify the most qualified candidates to submit to the Governor. They depend on members of the bar to provide them with commens on the candidates. When was the last time you called a member of the JNC or wrote them a letter, for or against, a particular candidate?

Stop whining and get involved in the system if you have some meaningful input to share with the nine members that perform this important job.

Would you rather the legislature or the governor have complete responsibility from beginning to end in choosing replacements?

Be glad that we have an indepedent JNC. Just take a look at what the legislature wants to do to the Supreme Court, the JNC's for the five appellate courts and the Supreme Court, the Rules of Procedure, etc. etc. etc.

Take the time this morning and pick up the phone and call a few state legislators.

Cap Out .....

David Oscar Markus said...

Cheap shot?! Waaaaaaaaah. Stop whining!

Anonymous said...

A lot of lawyers (me included) have a blog simply in order to increase the Google ratings of their websites. I don't know how many clients hire Roy Black because his firm shows up on the first page of a Google search, but this may be one reason that he has a blog now.

Anonymous said...

Rump,

LOL. I agree with your response, but, Roy and I are both talking about a simple but effective method to organize your thoughts, evidence and presentation. Obviously putting things in folders isn't go to make you a master cross-examiner. No one method or strategy solves every need (or we wouldn't be paid what we are). Look at the method for what it is.

You have a little too much coffee this morning or something?

BTDT

PS---That said, I do agree with your point and invitation to Roy. Iope Roy will expound on his methods of preparation, strategies and questioning techniques and that others will join the discussion.

PS2---12:23.....yeah, I'm sure Roy's worried about his google ratings. And, hoping that random clients who have never heard of him and can afford him will stumble across his name. LOL

Anonymous said...

Black's fee is so high he is no longer a people's lawyer. kinda sux

Anonymous said...

IF rumpole was roy black ( and it fits- age, lifesty
E, private jets, etc) then what a great way to cover his tracks. Write a new blog and then trash it.

Pretty nifty.

Just sayin.....

Rumpole said...

Ohhh im gonna git u on friday DOM. Bring your A GAME or ill toss u into the Charles Rver.

Anonymous said...

I don't think Roy has ever gone by the name Gary.

Robert Kuntz said...

Rumpole:

Should I take your post at 2:26 as final confirmation of your "attendance" this Friday?

And may I assume the same about DOM, but without the quote marks?

Because neither one of you guys is all that good about responding to email.

Anonymous said...

Those of you posting negative comments about Gladys Perez are plain wrong.She is a great judge and a great person.She has a LOT of people who LOVE her ,and a lot of support.Further when the time comes she will also have the bankroll to prove it.BET on it.

Anonymous said...

Roy actually learned the folder technique from Jay Hogan, who in my mind was the best criminal defense lawyer to ever set foot in a courtroom in Miami or maybe anywhere.

Anonymous said...

Whats an Ass Clown?

Someone please submit a sketch.

Anonymous said...

tamara gray is an attorney in juvenile, or at least she used to be in juvenile and is not the same person as tanya brinkley.

Anonymous said...

Anonymous said...
Those of you posting negative comments about Gladys Perez are plain wrong.She is a great judge and a great person.She has a LOT of people who LOVE her ,and a lot of support.Further when the time comes she will also have the bankroll to prove it.BET on it.

Monday, March 21, 2011 4:55:00 PM

Once again thanks for the update Judge Perez.

You Judge Perez, have a tendency to take credit for success (self-enhancing bias) and deny any responsibility for your failure (self-protective bias).

This helps you to protect your ego.

2012 is around the corner. The unemployment line is in the horizon.

An Easy Win in 2012 said...

So you want to be a Judge?

Up for election since being appointed by former Gov. Christ is Gladys Perez, a dedicate Republican and loyal anti-gay basher.

The seat will be an easy win for any qualified candidate.

Group 37 - Perez, Gladys

Rumpole said...

I'm about to impose a one positive and one negatve limit on comments about Judge Gladys Perez per day. Why? Nobdy but you two idiots cares!! That's why.

Eyeonblogs said...

Which blog is better? Shumie's, the Q's, or Roy Black's??

Anonymous said...

LMFAO!

Chief Judge and Mr. Chief Justice-Designate Milton Hirsch said...

I too shall be starting a blog. In it I will include proper motion practice, why an attorney should treat a judge of my caliber like a god and proper forms of address.

And much more to come

/s/

The Most Revered Chief Judge and Mr. Chief Justice-Designate Milton Hirsch.

Anonymous said...

For your consideration. Any Comments?
DS


PENSACOLA, Fla. -- Escambia County Sheriff David Morgan says he will continue to greet prospective jurors as they board a trolley bound for the federal courthouse, even though three federal judges have asked him to stop.

Morgan told the Pensacola News Journal on Monday that he's prepared to take the matter to court.

In a letter dated March 3, judges Roger Vinson, Casey Rodgers and Lacey Collier told the sheriff his interactions with jurors raised concerns about the court's ability to seat impartial juries. Morgan responded on March 17 that he considers greeting jurors part of his First Amendment rights.
Read more: http://www.miamiherald.com/2011/03/22/2127618/fla-sheriff-judges-at-odds-over.html#ixzz1HKCVtylV

Anonymous said...

Hey "Ass Clown"

Why so bitter? Could it be that Tamara Gray beat your ass at trial?
Or did you just not make it to the interview level for the last opening?

Perhaps the red polka dot pants are NOT the best trial look.

Anonymous said...

9:25 pm, you are a FAKE. Milton Hirsch is not Chief Justice-Designate. He is THE Chief Justice.

Anonymous said...

those fish on the left make me sea sick.

Anonymous said...

1252 ass clown here

tamara gray couldnt school a fucking deaf mute in trial.

Sorry to disappoint you but a kounty kourt judgeship would be a pay cut bitch. not fuckin interested

Anonymous said...

Dear Ass Clown:

Its not your lawyer's fault you were committed to a Juvie Facility. You had to earn that ticket big guy.

Anonymous said...

Its all a publicity thing. Along with his wife being on the House wives of Miami. I really am disgusted at they way she acts on that show. It makes me less likely to ever hire him