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

Thursday, May 26, 2011

TAKE A BOW MANNY ALVAREZ


PD Manny Alvarez, last heard about in these pages with his run for Judge (and extremely close loss) wins a big one in the Florida Supreme Court.


Delgado's appeal was denied in the 3rd DCA. He had been sentenced to 30 years for burglary and life for klidnapping. With his win, Manny's client is now not required to spend the rest of his life in prison. From the decision:

However, the question here is whether Delgado committed the additional crime of kidnapping, subjecting him to a sentence of life imprisonment, if he did not know the child was in the backseat before or during his commission of the auto theft, which was the underlying felony used to support his kidnapping conviction. We conclude that because the State failed to produce sufficient evidence demonstrating Delgado‟s awareness of the victim before or during his execution of the underlying felony, critical statutory requirements for the kidnapping offense were not satisfied.


The moral of the story is that great lawyers follow the admonition of Winston Churchil and "never never never give in."


Churchill, in discussing the Battle of Britan in a talk to students at the Harrow school said:

"Never give in. Never give in. Never, never, never, never -- in nothing, great or small, large or petty -- never give in, except to convictions of honour and good sense. Never yield to force. Never yield to the apparently overwhelming might of the enemy. "


Winston Churchill, October 29, 1941.



COURT CLOSED MONDAY. HOW WILL YOU BE SPENDING THE HOLIDAY WEEKEND?



mqc/gcc

24 comments:

Anonymous said...

Manny Alvarez is one amazing attorney. PD's Office is lucky to have him.

Anonymous said...

Why do you only comment when a PD wins something? What happened to the 3d DCA roundup?

Anonymous said...

Yes, thank goodness that due to his amazing work, another criminal who preys upon the weak and defenseless will be set upon society again. Way to go, Manny! Hope this guy doesn't victimize your family. I think.

Anonymous said...

Manny = great guy, knows the law. Shame that he didn't beat Special Ed.

Anonymous said...

Hey 907-idiot- the defendant got 30 years. He's getting out sometime in after 2030- you don't think he will have learned enough by then to stay our of trouble? Put another way- if the defendant was sentenced in 1982 he would be getting out now. Isn't that enough time? Or are you one of those idiots who believes everyone should get life or death? (Until you or someone close to you gets arrested and then you want probation).

Rumpole said...

Linkedin? The stock has a 9 BILLION market cap and earned 15 MILLION last year. There's not enough of that piece of junk that I can short. I am short naked on it and have bought 40K of puts. This is my retirement yacht.

Anonymous said...

I agree. I hate it when some asshole is upset that a criminal gets off and might victimize the lawyer who got him off.

Give me a fucking break.

All reasonable people and lawyers think that criminals should be punished but, 30-50 years for anything other than first degree murder seems harsh to me.

Maybe that's why the USA has one of the highest incarceration rates in the world.

Surferjohnson said...

Rumpy, Rumpy, Rumpy! The fat lady sings tonight! Will you finally give credit where credit is due? The Heatles just are the Eastern Conference Champions! Will I see you at the parade in June??? Prayers to Mike Miller and his family!

Anonymous said...

whats a put?

CAPTAIN said...

And I bet it all on the HEAT to get to the finals.

Rump, you have to give your props to Spols and the players for proving all of the doubters (including you) wrong.

That was a sick run tonight to end the series, on their court. D Rose is a great player, but he can't do it all by himself.

See you at the FINALS.


Cap Out .....

Rumpole said...

Captain- if the Heat are already celebrating like everyone else on this blog is, then they are in big trouble.


Puts and Calls are basic stock options. A put is the right to make someone buy a stock at a certain price by a certain time. For example if I think a stock that sells today for 100 a share will be less by December 25 2011, I can buy the right to put the stock to you by that date. I can buy a December put at 95 or 90 or 85 etc., for 3 dollars a share (the price is set by the market based on expectations). If I sell you the December 90 put for 5 dollars a share, then as soon as the stock goes below 85 (the strike price of 90 and the cost of the option) I make money. I am betting the stock will fall.

There are thousands of diverse and exotic strategies with options and this is the most basic. Back to Linkedin, I hate the stock. I have sold it without owning it, (a naked short- I will buy it at a cheaper price and the difference is my profit) and I have also bought the right to sell it at a cheaper price. Buying a put has a fixed risk- the price of the put. A naked short is extremely dangerous as I have unlimited risk if the stock rises.

Anonymous said...

Tuesday, May 17, 2011 10:01:00 PM
Rumpole said...
"I think the Heat are in trouble. They are not a team. They are two stars, a third almost star and a poor supporting cast. A good team well coached will wipe the floor with them."

Prediction for the finals Rumpy? And looks like we might just have a team after all. Didn't count on UD and Miller when you made that statement 10 days ago, huh? Go ahead, tell us why the Mavs are going to wipe the floor with these 2 1/2 men.....lol.....get ready for some celebrating, Heat in 5!!!

Fake Warren Buffett said...

Silver is a great investment right now. I acquired 200 ounces last year at $15-18 per ounce. Price is now off its recent of high of $49 per ounce, but is currently fluctuating between $35-38. I have more than doubled my ducats in a year, and expect see more rises.

Rumpole said...

A good team well coached will beat a collection of great stars. The Heat no doubt have a collection of great stars. I will be rooting for the Mavs. We shall see. He who laughs last....

Any bets being proffered?

Anonymous said...

disappointed in you rump. you usually acknowledge when you are wrong. but your pouty attitude about the heat and your refusal to acknowledge that maybe, just maybe, you did not know what you were talking about, casts you in poor light. a mistake is not an error unless you refuse to admit it.

CAPTAIN said...

The Captain Reports:

"FLAGS-IN" ......

Putting (pun) aside the bets on gold, silver, the market and the Heat, I hope that everyone remembers to take a moment on Monday to say a prayer for the men and women who have performed the highest sacrifice in service of their country.

Since the days of the Civil War, we have honored those soldiers that have fought and given their lives in service to our country and we do so on the last Monday in May.

For the past few days and continuing until Monday, more than 260,000 American flags are being places at each and every grave at Arlington National Cemetery.

"Flags-In" is performed by the 3rd U.S. Infantry (The Old Guard) who honor America's fallen heroes by placing the American flags before the gravestones and niches of every service member buried at Arlington National Cemetery.

If you have never made the trip to Arlington, add it to your bucket list.

And on Monday, fly an American flag at your home to honor the soldiers lost in wars past and present. And say a prayer for those fighting right now to preserve our freedom.

Cap Out .....

Anonymous said...

Hey Rump. I believe you had picked and stuck to Boston for months, something about a fox that Gary Player was touting as fearless. Well I think I saw the fox smoking a turd on Biscayne Blvrd, sharing it with some Celtics and none looked like they wanted to laugh.

Anonymous said...

When do your naked puts expire? Irrational momentum can hurt you. Even if a stock or real estate is not worth close to a price it can stay at that price or even go higher. Other social media stocks are set to come to market. There will probably be a social media ETF, all which can prop up a price pas expiration. But I know you know that already.

Kissimmee Kid said...

"Why do you only comment when a PD wins something?"

Because the state always wins. It ain't news when a conviction gets PCAd. It happens every day. Here in Florida, the 5th DCA had 37 criminal cases. In one case they wrote an opinion affirming the decision and 37 PCAs.

It is not news if the state wins.

Rumpole said...

I am not an expert in Basketball. However, I stick to this proposition- good coaching and team work will beat a team of stars that do not play well together. if the Heat win the championship they will have earned it and deserve the accolades.

There is no such thing as naked puts. I sold Lindin short between 85 and 89 dollars. That means I sold the stock without owning it. I am short about 2200 shares so you do the math. This stock is valued AT BEST at 28.50 a share.

I am more confident in making money in shorting Linkedin than the Mavs, but I think both will pay off.

Fake Alex Michaels said...

Rumpole--I make you following bet:

Heat vin, you reveal vho you are for once and for all.

Mavs vin, I be nice for one day. No swearing. No bullsheeeeeeet. No threaten pussy ASA to Romanian Death Match. Dis vill be very hard, but I can do it.

You take bet?

Master Chief said...

Do the people who wish defense lawyers are victimized by the people they get off, also wish prosecutors should be victimized by the innocent people they prosecute?

Oh wait, there are no innocent people. Police and victims always tell the truth.

Anonymous said...

The legislature needs to amend the law to state that no knowledge of a kid in the car is not a defense to a charge of kidnapping.

This asshole could have caused serious injury and even death to the kid had this turned into a high speed chase or a shoot out with cops. He deserves life in prison, he decided to steal a car and start the domino effect that led to his sentence.

Anonymous said...

Naked Put. Selling a put when you don't own the stock. http://en.wikipedia.org/wiki/Naked_put I wish you luck. Short selling, being short, selling puts, even buying puts are ways gamblers manifest their belief that a stock is going down. If you sold a put it has an expiration date, as you well know. Social media stocks may be the next bubble. Every bubble gets inflated before it burst. The most important factor for any options player is TIME. That is why I asked whey do your puts expire. Again. Good luck. I hope you get your yacht.