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, October 05, 2011

RETURN TO SENDER

DRAMATIS PERSONAE:

Cory Maples- inmate on death row in Alabama.
Super Large/Powerful law firm Sullivan and Cromwell, New York, NY.
Mail room clerk in Sullivan and Cromwell.
Clerk for the Court Of Appeals.
Small time Alabama Prosecutor.
Local Counsel in Alabama.

Maples was convicted of murder and sentenced to death. Associates with Sullivan and Cromwell in NYC take on the case and file an appeal. Associates, as they are wont to do, leave big law firm. Appellate court denies appeal and mails decision to Sullivan and Cromwell and their local counsel in Alabama. Clerk in mailroom of Sullivan and Cromwell stamps letter from clerk's office containing decision "return to sender". Clerk in appeals court gets decision back in envelope unopened, shrugs, and puts it in file. Deadline to appeal expires. Prosecutor in Alabama sends a letter to Mr. Maples telling him his lawyers blew the deadline. Local counsel spits out plug of tobacco.

Case ends up before US Supreme Court which is surprisingly sympathetic to Mr. Maples.

Steve Jobs dies at 56. NY Times obit here.

13 comments:

Rumpole said...

Thanks. it works.

eyeonjoegeorge said...

Scene: Press Conference- Downtown Miami.

Joe George: Thanks for everyone coming. I uhhh...well...uhee....hello everyone and I ummmm I am officially announcing my candidacy for the Republican nomination for the presidency of the United States. I've just shaken up the race everyone. Move over Senator McCain, there's a new front runner in town.

Reporter: Mr. George, Senator McCain is not running for President.

JG: Of course he is. He is tied with Matt Romney.

Reporter: You mean MITT Romney and Herman Cain.

JG: Don't tell me what I mean or you might just find yourself out of work.You remind me of that snot Ovalle for the Herald.

Reporter: Its Herman Cain and he used to own a pizza company called Godfathers Pizza.

JG: Very funny. Next you'll tell me he's black.
In my administration we will do away with obnoxious reporters.

Reporter. Herman Cain is black.

JG: You sir are rollerblading on thin ice. No black man will ever be President of the United States and for sure no black man will ever own a Pizza Company called Godfathers.

Let me tell you my two point plan for restoring jobs to the United States. Its very simple. Only one thing. Everyone will be fired and then I will make re-assignments as President of every job in the country. The new Bureau of Job re-assignment will hire the approximately 15,000 Americans who are currently unemployed and there you have it- one step to prosperity!

Reporter: Its 15 MILLION americans who are unemployed.

JG That's it. You're fired.

Joe George for President said...

PRESS RELEASE
NATIONAL DISTRIBUTION

FROM: JOSEPH P GEORGE, CANDIDATE FOR PRESIDENT

It was with great sadness that my aide de camp and press secretary awoke me last night to inform me of the death of Steve Jobs. I know I join coffee drinkers everywhere mourning the man with the vision and foresight to bring us our morning Starbucks. Thank you Steve. I'll be having a large latte today thinking of you.

Now, on to the nation's firs primary: The Great state of New Jersey!

Anonymous said...

Not since Mr. Justice Milton Hirsch have I enjoyed a blog character more. Keep it up!

The Professor said...

This is the problem with BigLaw associates handling capital cases pro bono. Our system presumes that 25-year-olds at white shoe firms are competent to hold a man's life in their hands. The truth, having been at a similar firm myself, is that these pro bono cases very much get back-burnered the split second a closing on a deal becomes imminent or a summary judgment deadline looms.

It was made VERY clear to me that my pro bono cases were a luxury the firm would indulge begrudgingly. Fee-paying clients' matters took priority, in any scenario. A reexamination of the use of BigLaw pro bono associates in capital cases, particularly with little guidance from experienced death-qualified practitioners, is warranted.

Anonymous said...

Rump,

Read the OA transcript. The Court's "sympathy" is press spin. Maples should win but the Court's alleged sympathy is extremely overstated. In particular, DOM's boy Scalia is outright hostile to Maples' claim.

Anonymous said...

BREAKING NEWS....

Rumor is Kristi Bettendorf, with Penny Brill standing shoulder to shoulder next to her, in front of the Honorable Milton Hirsch, broke down and instead of defending the SAO's PTI procedures for out of state defendants waived the nonsensical terms and permitted the young kid to live out of state and enter PTI without having to plead guilty to the charges.

The SAO was facing a possible injunction shutting down the PTI program and a ruling that the SAO's implementation of PTI was unconstitutional. However, all was resolved and hugs and kisses erupted in the courtroom when the State announced that the kid could go into PTI.

Sometimes it just takes a little creativity and the big bad KFR will concede when she is wrong.....give it a try sometime.

The spying reporter!

Anonymous said...

The Professor you are wise. Capital litigation is serious work, best left to those who have experience and can afford it, like the government.

Again, I urge every practicing Florida criminal defense attorney to read David Von Drehle's, "Amoung the Lowest of the Low: The Culture of Death Row" Which traces the choppy history of early post conviction capital litigation, and why the need for CCRC's office arose as Florida decided to become an active Death Penalty State.

Interesting tidbit is the part about a certain Arkansas Governor calling then Florida Governor Bob Graham, and giving his advice on how not to mess up the warrant.

Interesting stuff.

Rumpole said...

What in the world was I doing up at 4:50 am? No wonder I am exhausted.

W. Clermont said...

Best wishes Geno on the appointment.

Anonymous said...

You were up at 4:50 A.M. looking to read stuff from the bad humor, over 55, worn out, decayig left wing fan club.

Anonymous said...

So does this mean the out of state PTI people no longer had to plea, or was the waiver in just the one case?

Anonymous said...

Rumpole, do we have an answer on the PTI for out of state defendants? New policy?