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

Friday, November 04, 2011

FALL

There's a certain crispness to the mornings here in NYC that just quietly whispers that Fall is here and Winter is coming. We are not running in the NYC marathon but for the last few mornings we have quietly arisen before dawn and plodded through Central Park and the West Side. Sometimes running, sometimes walking. always enjoying the sunrise and then a hot cup of coffee and pastry at a local patisserie.

We love South Florida, but we do miss the change of seasons.

DOM asks if Judges should be able to ignore joint sentencing recommendations? We note that in Federal Court the only thing a defendant has a right to is a jury trial. A judge has to accept and approve a plea of guilty and many times they don't. So to answer DOM, A judge does not have to accept a joint sentencing recommendation, although we think they should. Indeed a Judge should not accept a plea of guilty where there is a joint sentencing recommendation if there is even a shadow of a doubt in their mind as to whether they will accept the parties recommendation.

We have never seen a judge reject an agreed upon plea in state court. Please post your stories on this subject.

The Dolphins are on the road at KC facing a Chiefs team coming off a MNF upset of the Chargers. 0-8 looks likely.

Meanwhile, take your hats off to Michael Feiler and Clay Kaeiser continue their battle in the suicide pool to week nine. Mr. Feiler barely escaped alive after the Ravens mounted a furious comeback last week and saved their season and his skin.

Enjoy the weekends. The lamb chops for us tonight at Ai Fiori, and then some sushi at Nobu for us tomorrow night.

12 comments:

Anonymous said...

Most state court judges will, in rare instances, reject an agreed upon plea, usually because they believe the plea is too lenient and/or defendant will violate probation. Not an everyday occurence, but it has happened to most of us a time or two (or three)l A former Circuit Judge who shall remain nameless was notorious in the 90s for rejecting agreed upon pleas.

Anonymous said...

Airline pilots case: David Young tawice rejected plea deals worked out between prosecution and defense.

Anonymous said...

It happens in state court too, just not as often and not with all judges.

Anonymous said...

The reason judges don't reject sentences for being too harsh is that defendants can plea directly to the court if state seeks harsher sentence than the court is willing to impose.

Anonymous said...

Phil Reizenstein rocked the house yesterday at Bill Altfield's investiture. First time I've ever seen standing O for a presenter. Funny, actually hysterical, and then poignant. Really a great job. The guy has a soft side. Who knew?

Anonymous said...

David Young would reject please quite often and so does Jackie Scola (depending on her mood on the day the plea is presented to her).

Fake Angry Gurl said...

I am running a marathon this weekend. Then eating a single soybean and taking a whole box of Senokot.

Anonymous said...

844 is spot on. phil was very very funny, loved the sepe stories and other funny stuff. even made a rumpole reference

Anonymous said...

Happened all the time in County Court if the judge was brand new and wanted trial experience. Rejecting a plea forces a trial, and the ambitious new judge gets a trial stat.

Anonymous said...

Judge David Miller rejected an agreed CTS plea for an in-custody client (she had AC'd)

Anonymous said...

Ever wonder why Miami-Dade county court judges don't offer court pleas or even offer to get involved when state-defense negotiations are going nowhere? Broward county court judges almost always offer or are open to court pleas.

Anonymous said...

to 5:28pm - Why don't you ask? You may be surprised.