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

Wednesday, June 15, 2011

OVERRIDE!!!

UPDATE: Judge Murphy taking flak in Miami Herald comments for his override. Read the comments here.


WHO IS PHIL HUBBART? Read below, follow the link, and find out.

Today Judge Dennis Murphy once again showed the world why a real judge is an individual who can do more than total the scoresheet and impose the maximum sentence.

In the sentencing hearing Wednesday on State v. Brandon Rolle, Judge Murphy overrode the 8-4 recommendation of the jury for death and imposed a sentence of life without parole.
Congratulations to attorneys Bruce Fleisher and Charles White for saving their client's life.

It takes courage for a Judge to follow their conviction in the face of the prosecution's blood lust and the possible attendant negative media.

REGJB Trivia: What was the name of the Judge the last time a jury's recommendation was overrode? Bonus: briefly describe the facts of that case.


Please: for those of you just yearning to fire off emails and comments saying that we are only praising Judge Murphy because he didn't impose the death penalty, save your breath. Judge Murphy has the well earned reputation of being a hard working and thoughtful judge. We have no doubt that he would impose the death penalty if he thought it was appropriate and we commend him on his independence and courage and not the result per se.

WHO IS PHIL HUBBART? It's a crying shame most of you do not know just who Phil Hubbart is. So for you 20 somethings in the SAO or the PDs office, put down that Starbucks Latte and head over to Roy Black's blog and learn about the Giant on whose shoulders you are standing .


Mqc/jqc/Gk-r..



68 comments:

Anonymous said...

Steve Robinson overrode death recommendation. Family of victim harassed him for years after.

Anonymous said...

the ideals of the office have changed drastically. now you punch in a 9 and leave at 5 or god help you-- no matter how many trials... and trials are the only true check against unfairness in the system. times have change. they should have named the public defender's office after phil not the metro justice building. but that honor was given to bennett.

Anonymous said...

It was also known as the "Duct Tape Murder" because the victim was wrapped in duct tape. It was the LBA that sat in the Judge's courtroom until he went to Dependency. Love Robinson. He got it, even though he could sometimes be difficult.

Anonymous said...

Steve Robinson and I think it was a duct tape case.

I remember the family of the deceased going after him for a long time.

I was there said...

First recorded instance of Shumie Time in the legal profession occurred in the PDs office under Hubbart- July 11, 1973. Of course it wasn't called Shumie Time back then. It was called "going to the jail to visit the client and then going to the crime scene."

Rumpole said...

BINGO on Judge Robinson and the Duct Tape murder case. Very difficult case in every way.

My Two Sons said...

Phil Hubbart is the beloved jurist known as The Hawk.

Anonymous said...

Judge Murphy is an absolute delight to be in front of. He is tough when he needs to be but always fair and respectful to all parties involved. Hands down, the best criminal court judge in South Florida.

Spiro T FACDL said...

Anybody see Brian Tannebaum's Nixon Like exit from FACDL politics this past weekend? Replete with the double peace sign, helicopter ride away and statements like "you're not going to have me to kick around anymore.."

Made me a mite nostalgic.

Anonymous said...

Wasnt the defendant in the duct tape murder the baliff in 3-2? . Jason G

Anonymous said...

let us not forget Dan Pearson. where have the great ones gone?

Anonymous said...

There was a time when we had, Phil Hubbart, Dan pearson, Gerald weatherington, Herb stein, ...........Que paso?

The Emperor Has No Clothes said...

Turns out Roy Black is no better than Brian Tannebaum's favorite lawyer- Joseph Rakofsky!! Both of them tried a murder case as their first trial out of law school. Roy was even less prepared than Rakofsky because Roy tried his case- by his own admission- on his SECOND DAY of work at the PDs office!! Not a lot of time for that famed "file folder" trial prep, eh?

And tell, truthfully, what lawyer ever forgets the result of his or her first trial? Roy Black would have you believe he just can't remember the verdict. Seems a bit strange to me. But then, I'm not Mr. Famous reading my own press releases. I'm just trying and winning my cases in quiet obscurity, just the way I like it, and just what happens to be better for my client.

Truly it seems everyone's favorite emperor has no clothes and I'm the only one brave enough to say it.

Overpriced blowhard.

Anonymous said...

Tomorrow (Thursday) is when the interviews are scheduled for the applicants still in the running for Judge Reyes' seat and Judge Barzee's seat.

Good luck to each of the applicants and may the JNC pass along the most qualified candidates!

Anonymous said...

6:52- You are mistaken. Phil Hubbart is not known as "The Hawk". That nickname goes to former ASA and retired circuit court judge Gerald The Hawk Hubbart.

w. clermont said...

Hubbart is one of my favorite legal greats. And I'm young in the law by all standards, and wasn't around, when he was blazing his trail running the PDO, and tearing it up on the Third DCA. They broke the mold on that guy.

Anonymous said...

Not to rain on your parade Rumpy, but Dennis Murphy is the same judge who gave a drunk (0.12 BAC) Donte Stallworth 30 days in jail for killing the crane operator.

If I ever kill someone with a gun or while drunk can I get Murphy?

Anonymous said...

Gerald Hubbart was ASA, PD, county judge and circuit judge.

Anonymous said...

Wrong on the duct tape case, that was just one override. In fact there have been a few before and after that case. The last one was probably Judge Salmon in the bailiff case (the bailiff who killed the mother of his baby and the baby to avoid paying support for the baby). Judge Salmon also overrode a jury recommendation on what was the causeway killings of two young teenagers. Other judges who overrode death recommendations included Judge Sorondo and Judge Snyder.

Anonymous said...

Yes the defendant was a bailiff. James something or other.

abe laeser said...

Jesse Ramirez was not the last override. It was factually the least deserving. The crime was a kidnap of a businesman's only son for $1 million in ransom. The FBI messed up the drop, and nearly two weeks after the kidnap, the son was murdered [gleefully] by having his head duct taped, so he would suffocate; while being punched inside a duffel bag.

Robinson merely had to admit that he could not do "IT", and the case would have been re-assigned.

What was most galling was that the "mitigation" was that he had been trained as an assasin by the FARC, therefore, he did not have a conscience - or compassion for others. Seemed to me and 10 jurors that that was an aggravator called: Cold, calculated, and premeditated.

Bottom line -- you cannot appeal a sentence of Life in a capital case.

"Fiat justicia et ruant coeli."

Anonymous said...

LOL at the comment on Roy Black. Of course, some fool will actually take it seriously.......

BTDT

Anonymous said...

So who's going to be running against Murphy? The Herald article's opinion board has people flipping out with his decision.

Anonymous said...

That's to bad about Eric Marshall. I always thought he was a nice guy and good lawyer

Anonymous said...

PD's office today doesn't do Hubbard justice. What happened to the trial dogs? What happened to controlling the courtroom? What happened to the "no fear" attitude?
Now its - "oh judge I haven't taken the depo of the transporting officer I need a continuance." Pathetic!!!

Anonymous said...

I am big death penalty advocate in theory but not in practice. I guess which means let God sort it all out. Regardless, this post is a sad commentary on our system and how we perceive it. Judges are given the right to override a jury recommendation. This judge does exactly that. He applies the law to the facts as he sees them. In other words, he is doing his job. So we applaud him for that? Yes. Only because there is a mob mentality out there that thinks vengeance is more important than justice. It is nice to see a judge spit into the winds of the prevailing political currents but that is why we have judges. The fact that we congratulate a judge for making a correct decision says more about us and our expectations than about him and his decision.

Your Next 3d DCA Judge said...

Thursday, June 16, 2011
Committee will convene at 3:30 p.m.
4:00 p.m. – 4:30 p.m. Edwin A. Scales, III, Esq.
4:40 p.m. – 5:10 p.m. Judge Gladys Perez (Telephonically)
5:20 p.m. – 5:50 p.m. Judge Jose M. Rodriguez
6:00 p.m. – 6:30 p.m. Ivy R. Ginsberg, Esq.
Friday, June 17, 2011
Committee will convene at 9:00 a.m.
9:00 a.m. – 9:30 a.m. Jonathan D. Colan, Esq.
9:40 a.m. – 1:50 p.m. BREAK
2:00 p.m. – 2:30 p.m. Judge Jennifer D. Bailey
2:40 p.m. – 3:10 p.m. Bambi G. Blum, Esq.
3:20 p.m. – 3:50 p.m. Judge Kathryn S. Pecko
4:00 p.m. – 4:30 p.m. Gail Ash Dotson, Esq.
4:40 p.m. – 5:10 p.m. Judge Maria De Fatima Ortiz
5:20 p.m. – 5:50 p.m. Judge Ivan F. Fernandez
6:00 p.m. – 6:30 p.m. Thomas W. Logue, Esq.
6:40 p.m. – 7:10 p.m. Esther E. Galicia, Esq.
7:20 p.m. – 7:50 p.m. Judge Norma Lindsey
8:00 p.m. – 8:30 p.m. Michael H. Galex, Esq.

Anonymous said...

The code at the end of most of Rumpole's posts is his /her? reluctant compliance with the International Association of Anonymous Blogger's requirements. Nothing more.

Anonymous said...

So what made the decision to spare this man's life the "correct" one?

Shumie Loves Mambo said...

Shumie loves Mambo.

Yes He does said...

Damn right Shumie Loves Mombo.

Fake Jay white said...

Can anyone explain to me Usufruct?
Sounds kinda dirty, doesn't it?

Gotchya! said...

Given that Rick Freedman sent out an email complaining of the Herald Comments about Murphy earlier today, and then the blog is updated with the same message, one does not have to be a genius to add one plus one=Freedman=Rumpole.

And if this doesn't get printed then I will know it for sure.

Anonymous said...

hubbart v Martinez

who is a better leader?

Anonymous said...

Who applied for RCA?

Anonymous said...

Rick Scott backed down on the drug testing! Time to get my party on!

Anonymous said...

Dear Jose Baez,
You're bringing the Casey Anthony trial to a boring standstill. Please put on the juicy stuff early and often.
Thanks!

Anonymous said...

"...on whose shoulders you are standing."

Rumpole said...

You are correct sir/madam. One should never end a sentence with a preposition.

tired and I wanna go home said...

3:57...Shumie time por favor?

Ok'd the Shumie said...

Sure- I could see a Shumie at 4 on a Thursday. Go for it pal. And open a cold one for me.

Shumie Loves Mambo said...

Spice up your early departure and spalsh on some Mambo!

Anonymous said...

Good riddance to Eric Marshal. He was only an attorney for 5 years and went immediately to the dark side. It was obvious that the guy was wired on something. The Bar needs more professionals and less hustlers.

Anonymous said...

Rick Freeman is way too nice a guy to be Rumpole.

Anonymous said...

I commend Judge Murphy for having the courage to override the jury's recommendation! Judge Murphy is one of the best judges at the REGJB and it has always been a pleasure to practice in front of him. He is fair and respectful to everyone who sets foot in his courtroom, and is not afraid to do what he believes is right, even if its not always popular.

Anonymous said...

Freedman is Rumpole, please! Rumpole is pure genius something Freedman does not even come close.

Anonymous said...

June 15, 2011 at 8:47 p.m. is either the same person who posted this comment yesterday under the Herald's story as "shoeloosemagee": "Dennis Murphy is the same judge who gave a drunk (0.12 BAC) Donte Stallworth 30 days in jail for killing the crane operator." or someone who copied the cooment and pasted it in this blog.

http://www.miamiherald.com/2011/06/15/2267882/miami-man-gets-life-in-prison.html#disqus_thread

Scott Saul said...

Unless you are a party to a trial/case or completely familiar with every aspect of it, it is impossible to act as a "Monday morning quaterback" to the situation. Murphy is among the most honorable and just judges in the court house.

Of anybody in the RJB, he should not be second guessed!

Anonymous said...

It's one thing to applaud Murphy for going against a call for blood, but it's something entirely different to use poor judgment. (I'm not saying he did).

Those of you that are siding with Murphy, why do you believe his going against the jury was good judgment in that case?

Anonymous said...

FACDL is heating up. Nancy Wear did it again. She was the only one that didn't defend judge Murphy. She somehow has to piss off the entire group every few months and this time even Catalano didn't defend her stupid rants.
NANCY WHAT PLANET ARE YOU FROM?????

CAPTAIN said...

Te Captain Reports:

So, you want to be a Circuit Court Judge .....

The JNC has met and recommended the following names to replace Judge Reyes and Judge Barzee Flores:

Miguel de la O
Rosa Figarola
Richard Hersch
Thomas Rebull
Alan Sackrin
Deborah White-Labora

The Governor will choose two as your next Circuit Court Judges.

Cap Out .....

Anonymous said...

Whether you agree with Judge Murphy's decision or not, you must admit that he is the only Judge in the REGJB who is wholly unafraid of the media, the State, and the 3rd DCA.

He has great judicial instincts and does what he believes is best in light of the facts and evidence.

He does not rule based on emotion. He does not come to the bench with an agenda. He does what is right, despite the decision being unpopular.

He is an example of what every judge should be: guided by knowledge, evidence, and the law, not the Miami Herald or fear of reversal.

He must be retained.

HELP! said...

This day cannot end fast enough! WHat's the earliest I can call a Shumie on a Friday?

Master Chief said...

I wasn't there, and don't know any of the facts, but if it was 8-4 with the jury voting for death, that means that a third of the people who sat through the entire trial felt death was not appropriate.

Just by the numbers alone, without knowing any more, it seems like Murphy got it right.

But let's suppose he got it wrong. Someone on this blog once suggested that no one should be judged based on their best or worst day. So even if this is his worst day, it does not warrant his being replaced. The guy got life in prison.

And for all those that bring up the Stallworth case- remember it was a State offer which he ratified. There were good reasons the offer was made, (in addition to the probable pay off to the family) so you should not think that is any reason for him to not be retained.

Anonymous said...

746am
The jury couldnt agree on death. The 8 to 4 vote shows reasonable people CAN ( and DID ) disagree w/ the imposition of the Death Penalty. If reasonable people can disagree then the proper thing to do is Life in Prison, which is a horid punishment. Ms Georgi is right unless the jury votes 12 to 0 FOR DEATH, LIFE IN PRISON IS CORRECT.
DS

Anonymous said...

Now that Catalano sent out the new DUI/PTD papers out via FACDL, what does everyone think about that Statement of Responsibility and the waiver of rights?

Anonymous said...

"Assistant State Attorney Gail Levine had argued that Rolle deserved to be executed because he did three separate stints in prison, squandering chance after chance at redemption. But defense lawyers Charles White and Bruce Fleisher said execution was too severe for what amounted to a robbery gone wrong."

No HAC. No CCP. Just a bad rap sheet.

Bad rap sheet + robbing and killing tourist = death.

The jury got it wrong. That's what judicial independence exists for.

Anonymous said...

Think the JNC is doing everything they can to get White-Labora and Hersch annointed? This is pathetic. Gov. Scott get rid of these guys and I might vote for you next time.

Anonymous said...

I have yet to see anyone provide a defense of Murphy's decision, other than he's a maverick. Come on. Someone out there can tell me why this guy deserves to live for murdering a tourist... Anyone?

Anonymous said...

The Caraballo jury voted 9-3 for death yet he was sentenced to die. We should adopt the federal rule of unanimity so that there is uniformity. Btw, bruce fliesher tries a lot of cases.

old guy said...

DS; silly as usual.

You mean that if you had the worst killer, with no valid mitigation, but one juror who decided in the jury room that they could not vote for death for ANYONE -- and why should they if the State already has 11 other votes for death -- then the Judge should buy into this and give him life?

Try this concept: You became a lawyer because you could think and reason.

Do not cede that ability just because you have been a PD since second grade.

Trust me, Edith is not always right.

David S. Markus said...

For those of you who wonder why Florida does not have, and never will have, a unanimous jury verdict requirement for the death penalty, i have two words for you- Ted Bundy(10-2 vote).


DSM

Anonymous said...

"hubbart v Martinez

who is a better leader?"


The use of "better" assumes both are/were leaders.

Funny.

Anonymous said...

750
Since Capital cases have Death qualified jurors , anyone who is against the Death Penalty or could not impose Death is already removed, disqualified from the trial jury. So IF you have a Jury ALREADY , at the get go, open to imposing Death, then if ONE , yes one person ( 1 ) says no the State should not fry the guy.
To 601
It seems that the fact the victim was a tourist means extra weight to imposing Death. Does that mean had he robbed and killed a fellow West Cocoanut Grover ( ie a fellow black guy) Death Would Not be appropriate but life. A tourist's life is worth more than a local?
DS

Anonymous said...

I thought this was a blog about the law, not basketball. Rumpole; why is joseph george not being renominated to 3rd dca regional office. ? what are the complaints about the felony cases his office handles? are the attorneys screwing up, are the judges unhappy, are the attorneys poorly trained? what is the story? as defense attorneys should we be concerned with who handles conflict cases, usually serious felony cases, or should we discuss flag day?

Anonymous said...

the names on that list are quite depressing. with the pay cuts and pension ass raping installed by the gop and governor medicare fraud, fewer and fewer talented people want to be judges.

richard hersch? please name some complex felony cases he has tried in last 10 years.

ditto DE la O. his biggest case was defending an alligator

dont know much about sackrin or rebull.

as to the county court judges dont know much about them either i guess we ought to ask richard hersch since all he knows how to do is beat up on green asa's in county court

Anonymous said...

@3:59--I thought this was a blog about the law, not basketball.

Dude, wait til football season.

ramesq said...

cost Steve a fortune when he ran for re-election. He had a death sentence order drafted, but changed his mind.