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, August 04, 2011

DR SHOPPING TRAFFICKING KAPUT

Still the Colonel coming at ya. (Rumpole, come home, please!)

Alert to state court practitioners: If you have a "Dr. Shopping/trafficking oxy case" it is officially dead courtesy of the 4th DCA. The decision is here.

Thanks to the JAA Broward Blog for alerting me to the story/decision. I am admittedly a little out of my element in these felony cases. As I understand it, the charge of Doctor Shopping/Trafficking arises when the prosecution avers that the client received multiple prescriptions for painkillers from multiple doctors by withholding information from the physicians who write the scripts.

Emily update: Much to the chagrin of Channel 7, Emily was torn apart by the mountains of the DR and has been downgraded to a wave. Put those picnic/boating plans back on for the weekend.

15 comments:

CAPTAIN said...

Reprinted with permission from the Captain.

THE CAPTAIN REPORTS:

Can you guess which Trial Court Judge got REVERSED again .....

HT: SFL

The case - Claridge H v. Claridge Hotel

From the 3rd DCA opinion:

"We find that the trial court’s determination of the disputed issues in plaintiff’s favor—without first giving the defendant any opportunity to present its case — was error. Numerous cases hold that a directed verdict cannot be entered until each party has an opportunity to present relevant evidence in its case in chief. "

Yes folks, he decided the case before the defendant had a chance to present any evidence.

Cap Out .....

Thursday, August 04, 2011 9:59:00 PM

CAPTAIN said...

BOLD PREDICTIONS:

1. The Fins will open the season against the Pats on Monday night Sept. 12th.

2. Kyle Orton will be a starting QB on Monday night football, Sept. 12th.

3. Kyle Orton will start as a QB in SunLife Stadium in 2012.

Cap Out .....

Anonymous said...

Interesting prediction. Very bold, considering everyone is reporting Orton has the starting job in Denver.

So unless the schedule is changed, and Denver is playing on Monday the 12th...

Eye on Rumpy said...

go to Michael Kessler's Facebook page. His main photo is Rumpole of the Bailey.

Lets see if this post goes up or he takes the photo down, or both, or either.

Anonymous said...

It's clear Scott Saul is Rumpole and Luvey is the Colonel of County Court, Unless Howard Rosen is Rumpole.....

Good Times said...

I'm calling the Shumie for all the right reasons. I went to some BS legal cocktail hour last night and now I'm picking up a 3L UM hottie who expressed a strong interest in my boat at Grove Isle. She texted me a pic of her in a bikini and the only issue is how long she will be in it.


Ain't life grand??

Anonymous said...

ATTENTION: ALL COURT REPORTERS WILL BE OUT OF THE BUILDING BY JANUARY

This is the freaked-out panic-stricken gossip that is circling the REG Building.

I don’t know where that gossip is coming from. In January there are three felony divisions going to digital, the two ROC divisions, (Judges Ward and Tunis) and Division 2 (Judge Gordo).

So you (court reporters) will not all be gone in January.
(Much to the dismay of the originators of this sadistic gossip).

I do not, however, know what the plans are for 2013.

The push for digital is mostly a money issue and we are under great pressure from the state to install digital. (As we all know, you can cook the books to say anything you want them to say. Big corporations have proven this in the past).

I do agree that Broward has a better attitude about court reporting than the administration here does. It is very frustrating.

In Broward County, the PDs office has not reduced the court reporters appeal page rate and Broward County doesn't feel this crushing urgency to go digital.

Funny how much money, politics, judicial practice and just plain old-fashioned respect changes in 20miles.

Dade County is ALWAYS out of money and I think you can justify an argument, cook the books, however you want to say it, to do what you want and to justify this idiotic attempt to get rid of court reporters.

It obviously has not been thought through carefully enough and to think that reporters would sit upstairs for a trial and what? Not get paid? Is moronic. Let's see if attorneys will do it?

Everyone in the courthouse is on a steady salary, or at the county trough, except court reporters, yet we seem to make an easy target or be in the cross hairs of higher-ups.

Anytime you want to sit in court and try to report an attorney's argument who is whispering because he thinks it's more dramatic, while the courtroom is a madhouse full of inmates talking, corrections talking and attorneys who think it is happy hour, knock yourself out.

Anonymous said...

No way Saul is Rumpole. The only alias he has ever used was back in his pro wrestling days.

His entrance music was Hava Negila. Signature move was the circumcision suplex. Wrestled under the name "Golda (Mier) Boy."

Anonymous said...

When you see a transcript from County, and the most important part says "....inaudible...", and it cost an appeal, or deportation, you will see why it is important to have a good court reporter.

There will be a disaster from this, mark my words.

Anonymous said...

felony stuff confuses you because unlike county court you have to READ?

dumb ass.

the denial of mtd on doctor shopping was affirmed

you figure it out.

i dont suffer fools.

Anonymous said...

5:11, you can often vacate convictions in county court in Broward because the transcripts are full of inaudibles.

Anonymous said...

I'd like to set up a poll to validate each judge's stand on digital vs. live court reporter.

After all, each courtroom is the territory of each judge and I don't think anyone could really force or apply pressure to a judge to change over to digital even with the most "reasoned" argument that digital would save money in the long run.

Anyone can make a showing that the REG building is operating in the red. That's easy. And anyone could also use trickery as an argument in favor of digital.

Who are you going to listen to? The sales person who sold you this system or someone who has been in the business for 40 years?

And I guarantee you that the sales person has zero experience in transcribing tapes under the most adverse conditions: heavy accents, extremely poor acoustics, and enough background noise that would sound like a busy airport.

My Two Sons said...

Scott Saul is Marty Funkhouser.

Anonymous said...

They are wwiring 2-10 Brennan for recordings. Part of the wiring is in the courtroom already

Anonymous said...

Howard Pohl is Rumpole
DS