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, January 31, 2011

SILENCE OF THE JEDI

Mubarak doesn't last the week. And giving him a week is generous. He should be cashing in his frequent flier miles right about now, packing up the books and the silverware and heading out.

3.180...Silence of the Soto:

No word from our chief criminal court judge about what REGJB judges will be doing with their precious felony soundings in light of a Broward attorney's temerity in demanding the court follow rule 3.180 and excuse the defendant's presence at a sounding when the attorney had a validly executed waiver.


WORKERS OF THE REGJB UNITE! YOU HAVE NOTHING TO LOSE EXCEPT YOUR PENSION....

We received this comment from a peeved and aggrieved state employee:

Anonymous said...

Sorry to change the subject. But latest talking points by Gov Scott and Legislators is that they are going to balence the defecic on our backs. Soon the ASAs n APDs n AAGs, who havent seen a raise nor COLA in 6 years get to pay their own pention contribution. Instead of HALF what a private attorney can earn will will mAKE A third. THE Make-up/BALENCE WAS OUR BENI'S BUT NOW WE ARE SEEN as PARASITES ON THE STATE BUDGET. THEY have
NO RESPECT for STATE WORKERS or the FACT WE MAKE THE STATE GOV'T RUN. Thanx for your service, NOW BEND OVER!!


The Return of the Jedi....and Almendarez-Torres:

Federal practitioners have long celebrated the Apprendi line of cases, while criticizing the decision in Almendarez-Torres which excepted recidivism (prior record for our robed readers) from the requirement that a prior record enhancement be proven to a jury like other enhancements.


The decision, which was 5-4 to begin with, has been subjected to an unending line of criticism from those like Justice Thomas who said he "succumbed to error" in casting the 5th vote, and from the majority in Apprendi who opined that “it is arguable that Almendarez-Torres was incorrectly decided.”

Shots continued to be fired at Almendarez-Torres as per the SCOTUS blog:

"the Court called for a response with respect to two petitions that ask the Court to reconsider Almendarez-Torres: Ayala-Segoviano v. United States, 10-5296, and Vazquez v. United States, 10-6117. Since the government filed briefs in opposition, the Court has relisted those cases three times, at the January 7, 14, and (apparently) 21 Conferences."


Stay tuned to see if the Empire Strikes Back.

Friday, January 28, 2011

CHAOS IN EGYPT

Update: 8:00 AM: The army has established control in major cities. There are more people in the streets than yesterday but the protests appear to be more peaceful. This story is far from over.


930 PM EST is 4:30 AM in Egypt. Here's what we know:

The police ( a historically corrupt and brutal organization in which is not well liked by the Egyptian population) has lost control of the streets of most major cities. Reports (unconfirmed at the moment) are that many local police stations have been looted and burned.

The army ( a historically professional organization admired by the public) has been called out to attempt to restore order. Many reports indicate that the citizens who are rioting have welcomed the army and invited them to participate in peaceful demonstrations. The army generals have resisted allowing their forces to be used because of the respect the citizens have for the army - the generals do not want to see any acts of violence that could undermine the army's respect and authority.

President Mubarak has dissolved the government.

The citizens will not rest until Mubarak resigns. The country holds Mubarak responsible for the lack of democracy, the brutality of the police force, the lack of economic opportunities, and the widespread corruption in government.

Rumpole says: The citizens in the streets are mostly middle class. This is a true revolt of the entire country (compare this to the 1979 Iranian Revolution when a small minority of extremist Islamic fundamentalists were able to seize power.) President Obama was correct not to unilaterally support the Mubarak government. Even a Judge in the REGJB can see that the Obama administration has written off the Mubarak government based on the President's words earlier Friday evening.

The question is who is in line to seize power?

In 2-3 hours the sun will be rising in Egypt. If you're reading this Saturday morning then it is 7 hours later in Egypt. An entire working day (Friday was the Muslin sabbath in Egypt) will bring more people to the streets and Mubarak cannot last.

Stay tuned. Bulletins at once, and we highly recommend the BBC. You can get radio feeds from the BBC website on line.




Wednesday, January 26, 2011

BLUE FOR THE BLUE BOOK

BELOW: Our answer to Broward's plea for help.

Check out
David's blog and the excerpt of Judge Posner's review of the 19th edition of the Bluebook. Apparently 20 is the charm.


Big mystery not solved: New Circuit Judge Darrin Gayles to take over the late Judge Pinero's division. Judge Tunis to ROC-n-roll court....but who is taking over for Tunis?

BROWARD'S DADE BLUES
The boyz (n gurlz) in Broward are having trouble with Miami Judges. Boy is that
bass- ackwards. That's like the French army rolling through Germany or the Dolphins whopping the Cheaters at home or Sarah Palin reading a book. You get the idea.

The Broward Blog asked for our help. Apparently, and it's not quite clear, a Broward attorney appeared in Dade, and after being allowed to call his/her case out of turn, and after not being threatened by the courtroom staff, bailiff, court reporter, corrections officer, etc, did in fact have a problem with a recalcitrant Dade Judge who was upset that the attorney's client was not present for some sort of pre-trial proceeding (probably a sounding or calendar call or status conference- which really are all the same, right? ).

Apparently in Broward the Judges are OK with the client not appearing for these hearings if the attorney has notarized waiver. At issue is this rule:

RULE 3.180. PRESENCE OF DEFENDANT

(a) Presence of Defendant. In all prosecutions for crime the defendant shall be present:


(3) at any pretrial conference, unless waived by the defendant in writing;


We were pleased to learn that when the attorney cited the rule to the unknown Dade Judge he/she followed it. Fat chance of that happening the other way around when an out of county attorney contravenes the conventional way the court does things. Can you say warrant, bond revocation and Florid Bar complaint?


And habit is really what this is about. We have a way of doing things in Dade that includes the Defendant showing up for felony pre-trial hearings purely out of habit. But the rule doesn't require it.


So what say you Robed Readers of Dade? Can we all starting getting waivers and moving things along in court and saving tens of thousands gallons of gas and work hours and excuse clients from pre-trial hearings that takes hours of out their days and minutes in actual court time?


Go green, be clean, follow the rules. See you in court (sans client??? We shall see.)




Tuesday, January 25, 2011

STATE OF THE UNION

Open blogging. No moderation in comments section but we will be reviewing it every few minutes and will remove offensive comments.

Some thoughts.....

We're the only industrialized nation without a high speed rail system. If the government works with private industry to build it, is that "out of control spending" or "investing in our infrastructure"?

Representative Michelle Bachman of Minnesota is a raving moron. She thinks the founding fathers, including "John Quincy Adams" ended slavery. First, JQA was the son of founding father John Adams. But why let facts get in the way of a good tea party story. Second, can someone go tell her about the Civil War. Anyone...Bueller...anyone? Please. She just erased the deaths of 600,000 Americans. Third- we get what we deserve. If we continue to elect anti-intellectual right wing nuts, the age of "American Exceptionalism" will end with our current elected officials who cannot spell it.

We miss Keith Olbermann on MSNBC.

We also miss Judge Manny Crespo.


Off to watch the SOTU and read how John Quincy Adams fought with George Washington at the San Fernando Valley in California and freed the slaves from the British.

Also brushing up on how private industry and innovation built the interstate highway system (Eisenhower administration) and won the space race (Kennedy and Johnson administrations) without meddlesome government interference.


Monday, January 24, 2011

RANT

We know this may engender some harsh comments, but here goes....

Who had the bright idea to shut down the interstate system in Miami during rush hour Monday??

Yes, we understand two officers were being buried. And lest you think we disparage their memories, read our last posts on the issue. We have called them heroes who sacrificed their lives for our community. We have encouraged everyone to donate to funds set up for their families, although their loss is incalculable.

But the shutting down of all access ramps to I95 north and south bound; shutting down McCarthur Causeway; and shutting down numerous other routes right in the middle of rush hour was absurd if not down right dangerous.

What about the parent trying to get home to pick up their child?

What about the parent trying to get home to a sick child?

What about people trying to drive to hospitals or doctors?

What about the myriad of tens of thousands of reasons people commute starting at 4 pm or so?

This is not about a ten minute inconvenience. This is about a near total shutdown of the transportation system for at least an hour. It has nothing to do with the honor of the memory of the officers.

It has to do with common sense.

MONDAY ETC

Congrats to everyone's favourite federal blogger for beating us mano-a-mano heads up in football picks. Behind most of the year, David showed his toughness, stuck it out, even in the middle of a big trial out of town, and prevailed by picking the over yesterday in the Steeler-Jets game. Despite the fact we went 2-0 yesterday, David takes home the crown and a dinner at Joes. The Gift certificate can be picked up at our office or we will mail it later this week.

Please look at Sunday's post and write a check to the fund for the two slain Miami-Dade Police Officers. The funerals were today and officers were mostly out of the REGJB on funeral duty.

Comments in Sunday section seem to indicate another tragedy in Northern Florida today as details emerge about the possible murder of two more police officers in the line of duty.

At some point soon it's time to talk about gun control. It seems to us a simple fact that if armed and trained officers can be gunned down, then the solution is not more guns. The simple fact is that the person who pulls their gun first or plans the attack is usually more successful. Lets start with taking automatic rifles off the streets, as most police officers approve of. Lets move on to the armor piercing bullets and the extra large clips that were used in Arizona.

Let the crazy comments begin.

SFL covers the closing of the Miami Club. We need a new food establishment. Any suggestions?


Sunday, January 23, 2011

NFL 2010 CHAMPIONSHIP SUNDAY!!

FIRST, IMPORTANT BUSINESS: we received this important comment:

Rumpole: There have been several inquiries on where to give to assist the children of the slain officers. Here is one way, through the Dade County PBA, you can donate to their "Love Fund" by making your check payable to: The Dade County PBA Love Fund, with `Officers Castillo and Haworth' in the memo section. The mailing address is 10680 NW 25 Street, Miami, Fl 33172. The Dade County PBA Love Fund is a federally recognized charitable organization established in 1984 to aid law enforcement officers and their families in their time of need, including assisting the families of officers killed in the line of duty. RF

Rumpole says: Right now, before you do anything else, close the computer, go get your chequebook and go write a cheque and put it with your work for Monday so you don't forget it when you leave the house tomorrow. Nothing is more important than this. Sending even twenty dollars sends a message to the children of these officers far beyond the money...."we care and honor your father and mother far beyond what this money buys."
Please do it now.


CHAMPIONSHIP SUNDAY.
We wait all year for this. A great day of important football.

Mr. Markus takes the over 38 in the Steeler game. We will explain afterwards why he is mistaken (we don't want him to change his mind). But make no mistake about this: all is on the line- he wraps it up and a free dinner at Joes for him and his lovely wife if he wins today. Pressure is on.

Packers v. Da Bears: Hard to imagine this is the second meeting in the playoffs between these two storied franchises who have the longest rivalry in the NFL. They meet for only the second time in the playoffs in 70 years. To put it in prospective, the Steelers have played their division rivals in the playoffs many times (twice against the Ravens in the last three years, once against the Bengals in the last four years.).

Da Bears are getting 3.5 at home. A home dog in the NFC Championship Game??!!! How can you overlook that? Meet Jay Cutler. Bumbler. Stumbler. Can be great. Can be awful. Now compare him to the QB with the highest ever QB rating in the playoffs. The gambler in us says pick the Bears, forgo the points and take the money line. A hundred Ditkas on Da Bears gets you between 165-170 back. We may just do that when we speak to 52nd Street Irwin today, but for our purposes we take the Pack -3.5 for 500.

J...E...T..S...JETS JETS JETS!!!! Gang Green invades The Steel City for a great AFC Championship game.

But just like we told you last week in the Steeler game, it won't be close. Sorry big fella (Rex) but the train stops here. Great run. Amazing victory over the Cheaters for which that alone you deserve your own parade for getting in their heads and out coaching the biggest cheater of them all. BUT....

#1 defense. #1 fewest points given up. #1 Third down efficiency; #1 against the run (something crazy like 62 yds per game). The Steeler Defense is just superb. Add to that an explosive offensive; perhaps the best big game QB playing right now; speed burners in second year WR Mike Wallace and rookies Emanuel Sanders and Antonio Brown; experience in Hines Ward and Heath Miller. And don't forget a two time super bowl winning QB who engineered a last minute "school-boys-dream-of-this" 80 yard drive to win the Super Bowl two years ago. This is a championship team in its prime. All that adds up to a win in a big game.

Steelers -3 for 500 Polomalus in our contest against DOM for all the marbles!!!


What we considered:

Packers-Bears: The Packers could barely beat the Bears a few weeks ago when the Bears played a basic defense while the Packers needed a win. But Cutler is something like 1-4 against the Pack, plus he is most likely to implode while the Pack has the hottest QB in the game. The Bears started mediocre and are peaking at the right time, while the Pack has a minimal running game and is riding the arm of Rodgers. The Bears need to run and stop the pass and they can easily win this game. In the coaching matchup remember this- Bears coach Lovie Smith might well have been fired if he didn't get his team to this game. We like the Bears, but until Cutler shows us more in a big game.....

Jets-Steelers: Pretty Boy Sanchez hasn't thrown a ball in the air over 9 yards in the playoffs. That is bad news for the Jets except that the short passing game gives the Steelers fits in their pressure defense. Santonio Holmes can be a game changer as he was for years for the Steelers. The Jets were the last team to run against the Steelers for over 100 yards, but don't look for that to happen again. The Steelers will shut the run down, (they have always been able to stop LT-including the last time he was in Pittsburgh in the playoffs two years ago for the Chargers) take away the deep ball and challenge Sanchez not to make a mistake in the dink/dunk passing game. Special teams- they were the difference last time for the Jets (opening KO return for TD), don't look for the Steelers to make the same mistake today. Steeler TE Heath Miller- while the Jets won the last game, Steeler TE Matt Spath dropped 2 (count em-two) game winning TDS in the end zone in the last minute of the last game. The Jets will be motivated, but so will the Steelers. Coach Mike Tomlin has done a fantastic job getting his team to this point. Bringing them to 3-1 with their 3rd string QB and then getting his team on a 7-1 run after the blowout by the cheaters shows that Tomlin may well be the best coach in the game today. The Jets are the fun pick, the Steelers will get it done by 10-20 points as Sanchez makes a mistake in the 4th Q and the Steeler D blows the game open.

Thursday, January 20, 2011

TWO POLICE OFFICERS SLAIN IN THE LINE OF DUTY

Miami Dade Police Officers Roger Castillo and Amanda Haworth were killed in the line of duty Thursday.

The Herald report is here and a summary of all officers killed in the line of duty is here.

Officer Oscar Plasencia shot and killed the suspect Johnny Simms. Simms was on probation and the officers were serving an arrest warrant for a new murder case.

Officer Haworth was a single mother raising her 13 year old son.

Officer Castillo leaves a wife and three sons.

Two brave heroes were taken from us today. They were doing their job making this community a safer place to live. They are irreplaceable.


Breaking News:
Two Miami-Dade officers have been shot and one of them is confirmed dead. Warrant officers were attempting to serve a warrant on a homicide suspect at NW 69th Street & NW 6th Court. The suspect is dead. Our prayers go out to the families of both officers. Further Update: The second officer has died in surgery.



THE CAPTAIN REPORTS:

ASK NOT WHAT YOUR COUNTRY CAN DO FOR YOU; ASK WHAT YOU CAN DO FOR YOUR COUNTRY.

50 Years Ago today.

I'm sure Rumpole will have more to say about this as soon as he has time to post.

CAPTAIN OUT ......

Tuesday, January 18, 2011

PARKING...SARGE...TIP/REAGAN...DOM BLACK???....CAMELOT

QUICK- check out South Florida Lawyers having the inside scoop on everyone's favourite blogger, DOM, ON STAGE AND JAMMIN with his client Buju Banton.

Quote of the Year (Buju to the crowd about DOM): "Don't watch nothing say him white. Him blacker than me and you.."

Parking is becoming a problem as City of Miami and Miami Dade Police officers are now parking
en masse in Lot 26. This is the thin edge of a larger wedge and we can guarantee you that nothing about this is good. Paying customers will be forced out. Someone needs to file a lawsuit.

If only we knew a good lawyer......


Word comes late Tuesday afternoon that R. Sargent Shriver, husband of Eunice Kennedy, brother-in law of President Kennedy, Robert Kennedy and Ted Kennedy, has passed away today at 95 years of age. Mr. Shriver was the founding director of the Peace Corps, one platform of President Kennedy's New Frontier. Shriver was called "the architect" of President Johnson's War on Poverty (by forming and becoming the first director of the President's Office of Economic Opportunity), he was the 21st (our favourite number!) United States Ambassador to France and candidate for Vice President in 1972, running with Senator McGovern. Another link to Camelot passes away.

Think about it- The Peace Corps....The War on Poverty....Americans working together at home and abroad to solve the problems of the world and make life better for their fellow human being. It's enough to drive a member of the Tea Party to have a stroke.

Chinese President Hu Jintao landed at Andrews at around 4pm Tuesday afternoon. He was greeted by Vice President Biden and taken to the White House. Hu will have dinner with the President and his family in the family dinning room in the White House Tuesday night and will have a State Dinner in his honor at the White House Wednesday night.

Speaker Boehner, in a new display of cooperation and putting his best foot forward to show the Chinese that we are all Americans despite our differences, will NOT attend the dinner despite being invited by the President.

Somehow we can't imagine Tip O'Neill not attending a State Dinner.

For more on the relationship between Speaker O'Neill and President Reagan, see this great op ed piece by former O'Neill aide Chris Mathews in the Washington Post.


Don't let it be forgot
That once there was a spot
For one brief shining moment that was known
As Camelot.

Friday, January 14, 2011

DO NOT- REPEAT-DO NOT GO TO LAW SCHOOL

Cheater update below....

MLK DAY: Is it time for a new dream when little children will be measured not by the color or their skin (or the money their parents have in the bank) but by the content of their character?

The NY Times has all the dirty, depressing details on law students these days. The title of the post links to the article. Basically it boils down to this- Law school is a big swindle. Schools are large money making machines that manipulate impressionable young people into taking out a quarter million dollar of school loans by fudging statistics about the pot-o-gold at the end of the rainbow.

Going to a law school that says 94% of its graduates last year have a job? The good news: they are telling the truth. The bad news: that 94% includes grads working at Burger King, folding clothes, baby sitting, or working six week- part time document review jobs.

The real truth: tens of thousands of new lawyers are being churned out every year into a depressed job market that is laying off attorneys by the boatload.

Rumple says: Get that MBA and go work for Goldman Sachs.


YES VIRGINIA, THERE IS A SANTA CLAUS, v2.0



Welcome to the crime stoppers generation.

As you can see from the excerpted police report above, "lil Timmy" -age 4- called 911 asking for assistance re: having a letter written to santa claus about his bad father so that a large rock could be placed beneath their home, as everyone knows that's what happens to you when santa thinks you've been bad.

TSG has the audio of the call here.

We're checking with everyone's favourite federal blogger about the new changes in the guidelines and whether santa will still place a rock under your house if you are a level 11 or less. Stay tuned.

PROOF:
Why do we call the Patriots "the cheaters?" Why do we call the coach of the Cheaters "the cheater"? More proof here that even after having been caught and fined a staggering 500K, the cheaters were still cheating up through this year. Cheaters always cheat. That's their code.

Thursday, January 13, 2011

JUDGE SKIP GROSS HAS PASSED AWAY




FUNERAL FOR JUDGE SKIP GROSS TODAY at 2pm Temple Beth Am in Kendall:

Once again we say goodbye to a friend way too soon.
As the comments have shown, Skip Gross was known for his friendliness. As Judge Blake recalled, Skip Gross was often the first Judge at the family courthouse, sitting outside and greeting people. But beyond the ready smile was a smart Judge; a judge who could apply the correct law with wisdom, compassion and understanding. Isn't that the ultimate definition of a great Judge? When you came away from a hearing before Skip Gross you knew he had treated your client fairly, win or lose. And I often had the thought that if ever I was unlucky enough to be a litigant, I could only hope for a Judge like Skip Gross. Skip Gross dedicated his life to serving our community as a prosecutor, public defender, and Judge. The Herald obit is here and take special note of Judge Brown mentioning that Skip Gross "was a stalwart champion" for children in family court. Could there be any better way for a family court judge to be known?

Rest In Peace Judge Maynard Skip Gross. You will be missed.


Judge Maynard "Skip" Gross passed away suddenly on Wednesday night.

Judge Gross was one of the good guys.

A great Judge.

A real mensch.

He always had a smile and nice story when greeting this blogger.

He will be terribly missed.

Update: Herald article here.

UPDATE: AS PER AOC

Services for Judge Gross will be held Sunday, January 16, 2011 at 2:30 p.m. at Temple Beth Am, 5950 Kendall Drive, Pinecrest, FL 33156, (305)667-6667. More information will follow.

Wednesday, January 12, 2011

DUMB AND DUMBER

In a histrionic video (she's too busy to give direct interviews) Sarah Palin calls the criticisms against her "blood libel."

Here's what happens when you allow morons to use the English language without first taking the "I can speak in public!" course and corresponding license: they shoot themselves in the foot with their mouth....so to speak.

By using the term "blood libel" to describe the criticism about her prior political comments and phrases after the shootings in Arizona, Palin more than likely blundered unintentionally across an emotionally laden phrase. "Blood libel" has historically been used as an anti-semitic slur. It is used to describe the false accusation that Jews murder Christian children to use their blood in religious rituals, particularly the baking of matzos for passover. The term dates back to antiquity but has been used up through the 20th century as the pretext for anti-Semitism and violent pogroms against Jews.

So there you have the quitter/former Governor using a centuries old anti-semitic slur to defend herself. The question we need to decide is whether she is too dumb to realize what she said, or a bit smarter than we give her credit for. Nothing like casting a little blame on the jews to defer criticism against yourself. It's been done by politicians before.


UPDATED JUDICIAL LINEUP:

Rodriguez-Chomat (old Marin): courtroom 3-1.
Leon Firtel (old Reemberto Diaz): courtroom 4-6.
Beth Bloom (old Ward): courtroom 6-2.
Milton Hirsch (old Butchko) courtroom 3-4.
Migna Sanchez-Llorens (old Venzer): courtroom 4-5.
Monica Gordo (old Eig) courtroom 3-3.

Gayles to take over the division of the late Judge Pinero starting 2/7/2011. Courtroom assignment pending.

Tunis to take over Jimenez's ROC division. Courtroom assignment pending.
Ward takes over for Lopez's ROC division. Stays in her courtroom on 4.





Monday, January 10, 2011

THERE ARE CONSEQUENCES....





Here is the Congresswoman Gifford's interview where (at 2:20) she mentions that Sara Palin (R-thug) targeted her in the last election by putting crosshairs of a gun sight over her district,

"where people do that, they have to realize there are consequences to that action..."
Congressman Gabby Giffords, who now lays in a medical induced coma with a perforating contact gunshot wound to her brain.


Rumpole's analysis: The reason why anti-intellectual thugs like Sara Palin appeal to a large minority of the American public is that, having none of the experience and common sense of responsible politicians, they say and do things that other politicians realize are dangerous and inappropriate. When Palin and her right wing crowd of gun toting thugs do things like target politicians of the opposite party with ads with crosshairs, or when Tea-Party gal Sharon Angle shockingly threatens that their party followers will seek a "second amendment solution" (read-gun violence) if their needs are not met at the polls, they stand out precisely because responsible politicians do not engage in such terrorist-like behavior and dialogue.

Angle and Palin are the shock-jocks of the politic.

They distinguish themselves initially by what is perceived to be "bold new behavior" and ideas. They distinguish themselves in the end when the chickens of such rhetoric comes home to roost and someone dies or is injured. Or a building is blown up. Such words and acts by the Palins and Angles of the American political scene appeal mostly to the Timothy McVeighs of our country and not so subtly suggest to the most disturbed of our citizens that an act of violence will be rewarded.

This is not about politics. There is nothing Speaker Boehner or 97% of other Republicans said or did in the past election that would cause a result like the tragedy in Arizona. But make no mistake about it- the blood of six dead Americans (one dear child) and Congresswoman Giffords is on the hands of Sara Palin and Sharon Angle.

This is what happens when any credibility is bestowed upon self appointed leaders who are proud of their ignorance and limited intelligence. We reap what we sow.

See You In Court.

MONDAY STUFF

David has some good posts on his blog today. The 11th Circuit is apparently closed due to inclement weather. But here in Miami there was a swearing in ceremony un front of the Courthouse and CJ Fred Moreno urged the new reps to light a fire under the senate judiciary committee and get Kathy Williams confirmed. Very nice.

DOM also has good coverage on the lawyer for Jared Loughner- Judy Clarke- who counts as her stable of former clients such good eggs as he Unabomber, Susan Smith and all around fun guy Zacarias Moussaoui. (A big hat tip to DOM for doing the leg work and getting the links, etc. Plus, he was probably at the swearing in ceremony).

Query: is there a Federal Judge in Arizona who is not conflicted out on this case? Our view- nope.

Happy Birthday to Pat Benetar (hit me with your best shot), Jim Croce and Donald Fagen.

A new feature: A semi-daily quiz: The even letter of what ten-letter word spells the words Yo-Yos?


MOMENT OF SILENCE TODAY AT 11:00 AM

President Obama has requested that all Americans stop and observe a moment of silence today at 11:00 AM for those who lost their lives in the shooting in Arizona and for those who are still fighting for their lives.

We encourage all Judges to stop their court for a minute today and reflect on the public service and terrible loss of Chief Judge John M. Roll, who has served our country since 1992.

And of course the almost unspeakable tragedy of the cold blooded murder of 9 year old Christina Green. Born on 9/11/2001, her family has told us all that she was proud of adding a little joy to a terrible day.

Also murdered were Dorothy Morris (76); Phyllis Schneck (79); Dorwan Stoddard (76) and Gabriel Zimmerman (30) who was an aide to Congressman Gabrielle Giffords, who remains in critical condition.


Saturday, January 08, 2011

WILDCARD WEEKEND 2011

SUNDAY'S PICKS UPDATED BELOW.

Here we go...the NFL Playoffs are here, but remember:
Alles mit Maß und Ziel

Saturday's games:

Defending Champs New Orleans Saints are at Seattle. The Saints are favoured by 10.5. We would love to predict a Seattle upset- the first team in NFL history to make the playoffs with a losing record beating the Super Bowl Champs. We just can't do it. The over/under is 45. Take the over 45 for 400. If you have to, take the Saints and lay the points.

The J...E...T...S....travel to Indy to play the Colts. Very simple analysis to pick this game. Which team has the better QB? Hmm....Peyton Manning.....Mark Sanchez.....Peyton Manning....Mark Sanchez. A QB can carry a team for a game in the playoffs. The Colts are at home, inside, on turf, and Peyton Manning is their QB. Take the Colts -2.5 for 500.

WHY CAN'T THE DOLPHINS FIND A COACH?
Jason Cole eviscerates the Fins and their weird owner Stephen Ross here.

Where have you gone Wayne Huizinga? South Florida turns its lonely eyes to you.


SUNDAY' S GAMES:

Philly -2.5 at home for our pick versus DOM and for 750 Vicks. Gonna ride this Vick train for all the Cheese steaks in Philly.

Mr. Markus has already bit the dust with the Peyton "break my heart again in the playoffs" Colts. FYI- Manning is something like one and done eight times in the playoffs.

The Chiefs are three point home dogs against the Raven's. The Raven's are the best road playoff team this decade and of course they have a punishing defense. We're kicking ourselves for yesterday's picks because we really liked the Seahawks at home but couldn't pull the trigger. When you examine the metrics of this game, the teams are fairly well matched. The Chiefs are about three-four points better on offense and the Ravens are about three to four points better on defense. We think the Ravens should pull this one out, but the Chiefs are not a bad pick at +155 to forego the line, lay a hundred KC Barbecue ribs to get back 155.

We're pulling for the Chiefs but we're just not sure. So when in doubt, take the over 40.5 for 250 Cassels.

Friday, January 07, 2011

ENOUGH!

No more "Happy New Years". Really, it's been a week now. Enough. If you see us in the hallways, a simple "hi Rumpole" is sufficient.


Everyone see the new kiosks outside of the parking lot across from the REGJB? It's for the automated pay system for the parking lot and there are three or four of them equipped with their very own "blow away in a hurricane" tent. Your tax dollars at work- enjoy.

RUMOR.
Someone keeps emailing us the most unusual circumstances surrounding the recent appointment of a Circuit Court Judge. It involves an elevation from county court and the "ol'switcheroo" at the very last minute by the Governor. If anybody can confirm this, send us an email por favor. The Colonel of County Court is working on this one.


DUI DIVERSION?
You can commit anyone of dozens of third degree felonies and get a diversion program. You can probably get PTI for some second degree felonies (bad check cases?) but under no circumstances can you get diversion for a misdemeanor DUI.

Why?
We$$$$ have $$$$$no $$$$ clue$$$$$$.

But as the JAA Broward Blog notes, Orlando has been running a very successful DUI diversion program for a while now and Judge Pollack (the daughter of the late great Dade Attorney Paul Pollack) has been working hard to bring it to Broweird County.
It will be quite an accomplishment if she can do it.

Wild card weekend this week and I have a suspicion we might just not pick any losers for a long time to come. Time to smack down Mr. you know who is is running his federal blog flappers very loudly.


Don't quote us on this, but we think a bevy of new judges arrive Monday. Be nice.

Enjoy the weekend. Three day holiday coming up next weekend for MLK day.
See You in Court.