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

Monday, August 15, 2011

WE DON'T NEED NO STINKIN FEDERAL LAW

Judge Cueto on Federal Law: "Feh". *

Or words to that affect. We reported a week or so ago that a Florida Federal Judge decided that Florida's state drug laws were unconstitutional because the state did away with the issue of intent (mens rea to those who don't sit on a bench). You need to want to possess drugs to violate the law according to the Feds. Duh!

As the Herald reports here, Judge Cueto has denied defense motions based on the Federal case. Judge Hirsch, not to be one to stick his head in the sand ostrich like (anyone remember the "struthious" contretemps? ) has indicted more than a passing interest in the Federal Judge's reasoning. To be continued.


Does the courthouse seem unusually pleasant these last few days? Well, most likely your favourite circuit court Judge is sweating and labouring at the Judicial Conference in.....lets see....was it Newark, New Jersey? No...hmmm...was it at the Holiday Inn in Hialeah? No...oh yeah- Marco Island. But don't let the locale fool you. We're sure they're working hard.


Some middle Florida yahoo attorney got arrested for challenging his GF to a naked sword fight with a real sword. And much to Roy Black's chagrin, he's a UM Law grad. South Florida Lawyers has the story here.

It's hot. We're tired and cranky. Stay out of our way. We mean it.


*Feh is a Yiddish term indicating disapproval or displeasure: Feh, don't touch that dirty thing.


39 comments:

Anonymous said...

Naked sword fighting is ridiculous but during an unusually long side bar conference, I decided to do naked "dungeons & dragons"and the bailiff had the gaul to ask me to stop. The nerve!

Anonymous said...

Rump,

This has been litigated already. Cueto is following the law.

Anonymous said...

In Cuban Spanish "fo" (pronnounced as "foh') = "feh".

Rumpole said...

I do not mean to imply in any manner Judge Cueto is reckless or does not follow the law. If the post appears that way and more people let me know I will change it or take it down.

Anonymous said...

We all no you mean no disrespect to Cueto. Most of us really like him too. He"s made himself an excellent reputation as a guy why cares about people

Nitpicking jerk just having good natured fun said...

Naked Co-Ed fencing is an exhibition sport in the next Olympic Games in London.

Btw, when that bailiff had the gaul, did he also have the Visigoths and Saxons?

Anonymous said...

the post does appear that way.

Secret Judge said...

Isn't this what the Civil War was about? The Alabama Courts sided with Governor George Wallace in 1961 when he decided to uphold the Alabama law and stand in the door of the University of Alabama denying admission to an African-American student. Bobby Kennedy had other ideas. If Cueto had been a judge in 1859, he would have upheld the rights of the States to have legalized slavery. Lincoln had other ideas. Prediction: Judge Scrivens will be affirmed. U.S. Supremes will deny cert. Fla. legislature will amend statute to require the mens rea like the other 49 states. Problem solved. Kudos to Hirsch for having courage rarely seen around these parts. Cueto just another political hack.

CAPTAIN said...

THE CAPTAIN REPORTS:

THE LEAD STORY SHOULD HAVE BEEN ...

Here is the lead story for the BLOG that should get some attention - the Florida Bar.

What was that line the Dean used on the first day of law school (or maybe they just said it in med school); "Look to your left and look to your right - one of you won't be here by the time you graduate".

Well, it appears that line is simply not working out too well with lawyers and law schools in Florida.

Because last week, in Tampa, more law school graduates sat for the Bar Exam than at any time in the history of the Florida Bar.

The total was nearly 3,500 taking the bar exam - and with the average pass rate at 70-80%, you do the math. That means within the next 60 days we will welcome another 2,500 lawyers to our little club.

Oh yeah, did I forget to mention that our little club has grown to more than 90,000 members and at the current rate, we will surpass 100,000 members in the year 2015.

So, if you were worried about fighting for business before reading this article, then look out now. In fact, maybe you were wishing right about now that you were the one of those three that didn't graduate law school and picked another profession - a very long time ago.

On that note, back to your yiddish vocabulary lesson. I'm done kvetching.

Captain Out .....

"American Minority" said...

Judge Cueto, in my opinion, is very partial and lenient to the prosecution. He warned in open court that there wouldn't be any continuances at all, then ultimately he denied three motions to suppress and granted fifth state continuance. Two previous ASA's stated that "They doubted if the case would go to trial that it would be resolved favorably for the defendant". Two prosecutors later one of which recently retired, offered a 364 for a life felony.Casae scheduled for trial and judge dosent even realize the defendant possesses "Valid Legal Prescription" (499.03). Can you say Biased/Partial Judge...

Anonymous said...

So shouldn't it be that we should now look to our right and our left while at the courthouse, as one of us won't be around within 3 years due to the glut of lawyers on the street?

Rumpole said...

12:58- If you are my advocate, I would feel much more comfortable if you had written "know" instead of "no". You're not per chance an appellate lawyer who rites for a livin are ya?

Fake Joel Denaro said...

Rumpole- your considered opinion on our next President, the great Rick Perry of Texas?

Rumpole said...

I spent more than a little time in Texas Hill Country, which is hardscrabble living at its finest.

They have sayin down there:

The Higher the monkey climbs, the more of it's dirty ass y'all can see.

Rick Perry. Michele Bachman, Sarah Palin. You name it. The higher they climb....

The Republicans ought to get serious and unite behind a man who is a thinker and intellectually and philosophically honest- Ron Paul.

I used to pay 20 points said...

the topic is GREAT BONDSMEN OF THE REGJB.

I open with Pasternak.

Any callers or raisers?

"American Minority" said...

Rump Hirsch reserved Scrivens ruling!!!

Anonymous said...

How bout those crazy brothers. One with a DV arrest.

Anonymous said...

Nobody better than Abba. He buys lunch, too.

Anonymous said...

6:38, re great bondsmen: Whittice

Anonymous said...

3:45:00 PM is clearly Judge Hirsch, who needs to get off his high horse.

Anonymous said...

I'll see your Pasternak and raise you two Kleins. Flo Klein is my kicker.

Anonymous said...

8:52 pm, it's not just Judge Hirsch. It's The Most Right Honourable His Most Eminent Excellence Chief Justice Milton Hirsch.

Anonymous said...

Great bondswoman: Barbarita La Marielita.

Anonymous said...

mr. justice hirsch had already started writing his order before he heard arguments on the motion.

Anonymous said...

I went to HIGH school w/ Billy Klein, great guy

DS

CAPTAIN said...

Rick Aranis and Russ Walters.

Anonymous said...

the best bondsman ever, Gene Shlyock of Florida Bail Bonds. He is greatly missed after dying in a motorcycle accident when he rear ended a slow moving truck at 5 am after visiting a client. He was trusted and honest. He cannot be replaced

Anonymous said...

Hirsch granted the motion to dismiss.

Anonymous said...

Frankie Glasper is a straight shooter and the only guy I use.

Although he doesnt refer clients and doesnt expect a kickback off attorney's fees. So I assume that rules out about 90% of dade lawyers from using him.

Anonymous said...

Cueto has a problem with following the law. The next motion to suppress he grants will be the first. Former cop + Former Prosecutor = biased judge

Anonymous said...

Rump, get off your ass and post a copy of Judge Hirsch's order.

Anonymous said...

So are drugs legal now in Florida ( fed law not withstanding)

Anonymous said...

Cueto does not have the intellect to understand the issue.

Anonymous said...

Does anyone care about the U?

"American Minority" said...

I raise you Darryl Keaton of "Keaton Bailbonds" he not only trained and worked under Pasternak after leaving corrections but he currently is the best Bondsmen in the REGJB not only does he notify and show up to clients hearings, he also is very well known with many Judges for his integrity and with many Attorneys for his reliability. The others are mostly crooks and vagabonds.

"American Minority" said...

Hirsch Dismissed all 893.ST cases in his division. Its on the JAABlog.

stil payin 20 points said...

Well played my friend.
Round two: I'll open with the great Barry Hodus.

Anonymous said...

Anyone remember Dick Slatkow ?
A class act in the Bail Bond arena.
Barry Hodus as well.

Anonymous said...

"American Minority"-

I am not a prosecutor, but a private defense lawyer. My experience with Cueto has been exactly the opposite. I have watched him come down on the State when they have been wrong. He rides his prosecutors to perform and, if they don't, they suffer the consequences.

I heard he recently dismissed an information on speedies. How often does that happen?

And as to granting a motion to suppress, how many of those have you seen lately?.

The guy is a straight shooter and it is welcome, even if his sentencing and offers are little harsher than you or I would like.