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

Saturday, November 12, 2011

11-11 NONSENSE

Don't know about you, but we've had more than enough of this 11/11/11 crapola. Only one more year of having to deal with this nonsense (12/12/12) and then the human race does not have to deal with this again for another 89 years.

Maybe next time around we'll be more mellow in our middle age years.

Mr. Black's final critique of the defense closing in the Dr. Conrad Murray case is worth a read here.

Mr. Black summarizes the defense failures:
When you are speaking on a national stage, it has to be first class. How many opportunities does a lawyer get like this? Why waste it with inanities? I would have walked the jury through a list of the strongest points I had with excerpts of the testimony. Hit them hard and make them unforgettable. Once again missed opportunities.


Clay Kaeiser has this great remembrance of Judge Phil Knight:

I'll never forget a marijuana possession case that I tried in front of Judge Knight in which he called us all sidebar halfway through the trial and told the prosecutor that he was going to grant my motion to suppress. One problem--I had not even filed a motion to suppress. Needless to say, sensing immediate victory, I remedied this problem by making an "oral motion" that was quickly granted. Many months later, in a social setting, Judge Knight explained the incident by telling me "Clay, nobody has ever gone to jail for marijuana in my court." He'd done so many jury trials that he must have sensed a guilty verdict and decided to abort the whole proceeding.

Despite this, Judge Knight was no bleeding heart--god forbid that you had a client convicted of a violent offense in front of him for sentencing--but he did have a very developed theory of punishment that minimized victimless crimes. He was an armed services veteran who had worked his way through law school (as either a librarian or in the post office) and eventually became a partner in one of the big downtown law firms (Fowler White?). Despite his well-documented problems, he was one of the most intellectually gifted and hardest working judges who have ever served in the Justice Building. And he had a great sense of humor. Once, around Christmas time, a young female defendant, represented by Sy Gaer, said to the Judge "you look just like Santa Claus" As Judge Knight smiled (trying to look even more like Santa Claus), Sy said to his client, "but wait until you see what he has as a present for you." The whole courtroom--including Judge Knight--cracked up.

CK


Justice Scalia (DOM's BFF) has little patience for federal habeas claims attacking state court convictions. Greene v. Fisher.

a federal court may not grant habeas relief to a state prisoner with respect to any claim that has been “adjudicated on the merits in State court proceedings” unless the state-court adjudication “resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law, as deter- mined by the Supreme Court of the United States.” 28 U. S. C. §2254(d)(1). We consider whether “clearly estab- lished Federal law” includes decisions of this Court that are announced after the last adjudication of the merits in state court but before the defendant’s conviction becomes final...


We have said that its standard of “contrary to, or involv[ing] an unreasonable application of, clearly established Federal law” is “difficult to meet,” because the purpose of AEDPA is to ensure that federal habeas relief functions as a “ ‘guard against extreme malfunctions in the state criminal justice systems,’” and not as a means of error correction...


The retro- activity rules that govern federal habeas review on the merits—which include Teague—are quite separate from the relitigation bar i

mposed by AEDPA; neither abrogates or qualifies the other. If §2254(d)(1) was, indeed, pegged to Teague, it would authorize relief when a state-court merits adjudication “resulted in a decision that became contrary to, or an unreasonable application of, clearly established Federal law, before the conviction became final.” The statute says no such thing, and we see no reason why Teague should alter AEDPA’s plain meaning.

The weather is beautiful. Enjoy your weekend.

39 comments:

Rumpole said...

Sorry about the font mess. Sometimes blogger has a bad day.

Kenny W said...

For tonight I am advising to forego playing the light sweater over the collared sport shirt that has played so well for the last few weeks. For a night out on a crisp cool sobe go with the sports jacket over the long sleeved shirt for the classier evening events or the bomber jacket for the more sporty or hip clubs.

For more tips on fashion, finance, food and just a bit of romance check out my sobelivinlarge blog.

Angry Gurl said...

What's with the stupid fonts? Can't you even run a blog? The 11-11-11 thing was way overplayed. All those idiots getting married on 11-11-11 or 10-10-10 or whatever just to get married on a particular day.

Everybody put themselves in a diabetic frenzy with their halloween candy? Good, because Thanksgiving is just a few weeks away and all the potatoes, pies, stuffing, gravy and Turkey is on the horizon.

So is obesity and heart disease but why worry about that now?

So FHP and City Of Miami are now fighting. A little peek inside the neanderthal world of pissed off police officers.

When the weather is cooler I go for longer runs on the beach. The downside is the bleached white whale bodies of the tourists littering the sand. Just makes me run harder and farther. These people need to stay wrapped in sheets or their winter clothing. Why come to Miami and the beach if you look like that?

Can't think of one good movie that is out now or has been released in the last year. Oh year- lets all run and go see Tower Heist because that Tranny living comic Eddie Murphy is going to do his he-he -he laugh several times a minute. Pleeeease.

Maybe Ill go for a drive and use my car phone. Ha ha ha ha ha. I'm sure I'll have a better night than most of you reading this drippy blog.

Candy Cane said...

Love the KW (and the fashion advice) hate the AG and he diet ranting.

Go Canes! Bet fsu.

Anonymous said...

Love the Shum...hate the Q

spendin the flow ya know said...

Ok- going to Kane's steakhouse tonight (know you would opt for primer 112) and I'm going with the black mock turtleneck and Blue Blazer and stone washed blue jeans and some penny loafers.

Does that work?

This babe is a former 17 model all grown up and being a sobe honey.

Angry Gurl said...

Lose the penny loafers. Putz

Put aside the 1980's and join the 1990's.

What's the name of this genius who you cajoled to go out with you?

Fake Tom Risivy said...

No penny loafers.

Anonymous said...

Lose the shoes or you won't get laid.

Anonymous said...

Just wear your stupid Ed Hardy shirt, a pair of horribly overpriced jeans, and those shoes that are made to look like cowboy boots but aren't and then you can look like every other douchebag on the beach.

And because you are 54 and she is 26, better dye what's left of your hair or everyone will think you are her father.

Anonymous said...

Anybody have an update on an old time PD they called Nick The Greek? Guy was the best ever.

Anonymous said...

Noles kickin Canes butts. Bet the cigars are flowing at 2 Guys.

Kenneth Weisman said...

Lets be real. We all know I would never go with the long sleeved shirt and a jacket on a saturday night. Tonight I recommend a light sweater with a dickey (my trademark) underneath. Nothing conveys confidence as well as a true sense of haute couture like the dickey.

Anonymous said...

I am a young defense attorney and former APD. I read all of Roy Black's posts about the Conrad Murray trial and his critiques. I don't find anything that he wrote to be so insightful. Almost every idea, advice or critiqued he has is nothing new. I have heard this advice from training attorneys at the PDs office and more seasoned trial lawyers. It is common knowledge what Mr. Black speaks of. I am surprised that ASAs still make these mistakes, but as a former APD, we knew this already.

Anonymous said...

WTF has happened to this blog????-- especially with the comments-- it's like one big joke and people posting who have too much time on their hands.

Anonymous said...

The real deal is that if you want to get laid take her to a real restaurant and not some bust out steak joint.

EyeonTwoGuys said...

Can the dolphins make it two in a row? Check out the big Two Guys Tent at the stadium parking lot. Pick out your best Cigar at a great price and don't forget to stop by for the post game spread!

Former Judge and Mr. Kenny W. watcher said...

Kenny W. has always been a fashion icon. I remember years ago when Zegna was a brand new label, Kenny W. supported the cause and went long on them by buying all of their cashmere sport jackets and fancy black windbreakers. He was frequently seen in Bal Harbour lunching with the salesman at Carpaccio and was always in their good graces. That is why he was able to buy their "beltless trench coat" when they first debuted. He is on guy at the Justice building who always had the fashion sense. I must say that all of my Judge colleagues were in awe of Mr. W. I personally would like to know whether Mr. W. is now courting the Loro Piana folks for the new zip up cashmere turtlenecks just now starting to appear in Paris? Mr. W. ... please share with the rest of us!!!

Anonymous said...

NOLES WIN! Eat it Canes' fans!

Kenny W said...

Because so many people are asking at my sobe blog, my tip for those hardy fans attending todays Dolphin game is to wear the long sleeve t-shirt or mock turtle neck with a nice pair of shorts. Plaid or chino works. Its a bit cool but the sun is out so when it warms up just roll up your sleeves!! See, fashion can be fun and easy!!

Remember to check out all my tips on fashion,food,finance and just a bit of romance on my new blog.

Anonymous said...

Playing Cops n Cops?
DS

Lauderhill police officer shoots at fellow officer, misses


Read more: http://www.miamiherald.com/2011/11/13/2500277/lauderhill-police-officer-shoots.html#ixzz1dbEA7TfQ

Fake Jay White. said...

The Bengals draft this year is AJ Green rd 1 Andy Dalton rd 2. Starting qb and budding superstar wr. Begals are 6-2 and in first place. Dolphins draft some fat gator lineman mostly because his brother is an all pro and some rb who gets injured when you look at him the wrong way.

Forget cigars. Stop by my pre game party and LETS CLEAN HOUSE. FIRE SPORANO FIRE THE GM. HELL FIRE THE DAMN OWNER. DONATE A BUCK AND LETS GET LUCK.

Angry Gurl said...

Bunch of foo foo lawyers discussing fashion on a criminal defense blog?

And you people think I'm strange?

No wonder why there aren't any real men in this town.

Anonymous said...

Angry Gurl has a secret crush on Kenny W.

Fake fashionable Firtel said...

I must disagree with the ever fashionable Kenny. I say yiu wear the jeans and a tshirt with the light windbreaker. If it warms up you tie the windbreaker around your waist. Shorts are a fashion no no in Sl Fla after October 31. Only tourists wear shorts between now and April. Kenny should know better.

Anonymous said...

with Angry Gurl, Fake whoever and all the other fools who post regularly, the blog has become nothing more than a gossip column for everything but the law. Maybe we can get DOM to do the REGJB blog too so we can have discussions an serious issues instead of this stupidness.

Sir Isaac Newton said...

11/11/11--The number eleven has a special characteristic in mathematics where it is a prime number. It contains some interesting peculiarities where the number eleven times itself equals a palindrome:

(2 digits) 11 x 11 = 121
(6 digits) 111111 x 111111 = 12345654321
(9 digits) 111111111 x 111111111 = 12345678987654321

Some of us enjoy playing around with numbers and if some did tie the knot on 11/11/11 so be it. Perhaps the sequence of numbers holds a signifinane meaning to them.....so lighten up Angury Girl-- same goes for you too Grumpy Rumpy.

George Frobisher said...

With all due respect to Mr. Roy Black, Conrad Murray should have hired J. Tony Serra, America's greatest living trial lawyer.

Beautiful Neiman Marcus employee said...

I am so upset that Mr. Kenny W. shops at those designer boutiques at Bal Harbour and on South Beach. He used to be my regular customer and I would put beautiful Prada items aside just for him. I have not seen or heard about him in years until I happened to google him - and I came upon this blog. Kenny W. .... You broke my heart in !988 and I have never had a customer like you since. Please come back to Neimans Men Department. PS: I miss those lobster dinners with you at the Palm! Do you still live at Quayside?

Fake English major said...

12:02. That should be ..."AND serious issues..." since the word following does not start with a vowel it's "and" not "an".

Anonymous said...

12:02- did you read the comment left by Sat. Nov 12 @8:02?

BTW- gossip column--- i'd say a nonsense column.

Anonymous said...

For those who don't get enough law discussion at your work:

The blog has ALWAYS been a place for more than just discussion of the latest legal issue.

If you don't like it, don't read, or start a legal discussion you think needs posting.

I often think the posts are sillily, but when something serious needs airing, it usually makes its way here.

Chatham Wentworth said...

I think scratch that. I know that Fashionable Firtel is spot on. I wore the windbraker today and it worked marvelous. And where I come from we stop wearing shorts in September. When the summer is over it is over. Shorts are just not worn by gentlemen until summer peaks around spring. Mr. Kenny is a bit of a dolt. When it comes to fashion I am speaking of.

Anonymous said...

4:18 makes a good point. Our lives don't revolve around law around the clock. All harmless and good fun.

Anonymous said...

The hottest men's designer right now is the "Phil R." collection available at all major department stores. They are all designed after the vintage Steeler team colors of the '80's. Don't forget, you heard it here first!

Anonymous said...

Wentworth of the Palm Beach and Savannah Wentworths?

Anonymous said...

**yawn**

Anonymous said...

Phil R is a wonderful attorney.  He has a great sense of humor. He is hard working, and a good family man.

He does not however know haute couture from Randy Couture.  He does not know Brooks Brothers from Smothers Brothers.  He thinks Seville Row is what they call death row in England.

Do not take fashion advice from this man.

If he says take the over, do it.

Anonymous said...

Isn't it "Saville Row?"