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

Tuesday, May 15, 2012

A BRILLIANT VICTORY

"NEVER EVER EVER EVER EVER EVER EVER GIVE UP. NEVER GIVE UP. NEVER GIVE UP. NEVER GIVE UP"*
Winston Churchill, October 29, 1941, Harrow School, U.K. 


David O Markus never gave up. It took him eight years, a few trips to the 11th Circuit, and multiple court appearances. One of the lawyers he shares office space with also mentioned plenty of sleepiness nights. But in his post conviction relief advocacy for Yuby Ramirez, David never gave up. 


Ramirez was convicted at trial and sentenced to life in prison for what has been described as a "bit part"  in a Wille Falcon and Sal Magluta plot to murder a federal witness. 
On Monday US District Judge Joan Leonard found a reasonable probability that but for the flawed advice of her attorneys at the time of her trial Ramirez would have accepted a plea offer (which was as low as five years at one point) and that the mis-advice of counsel as to her maximum prison exposure (ten years) led her to reject the Government's plea offer. 


David took the case on pro bono eight years ago and he litigated his heart out, never giving up on his client who was serving a life sentence while the two Colombian brothers who orchestrated the plot received six year prison sentences. 


The Miami Herald article is here. 


Well done DOM. Well done indeed!


* The PM was not talking about the lines to get into the REGJB. but he could have been.


41 comments:

Anonymous said...

what role did bill barzee, his office mate, play in his taking on that case?

Anonymous said...

after all it was Barzees'sister who was incomptent.and led to this fiasco.

Anonymous said...

NEWS FLASH!

While most of you seem to classify all people who speak Spanish as Hispanics, it may be the biggest mistake in the world.

Why? Spanish speakers are very different from country to country.

If you really want equality, the bench would have to have a member of every nation on the bench representing.

That means that all of you crying about being black need to be happy and relax. You hyphenate yourself as being from Africa and America, but know little about Africa and hate America. Then, you discriminate Spanish speakers and say they are too many on the bench.

How so? Study history and learn about the many wars from the past and even currently happening between countries.

Want equality?

Put your foot down at home and demand better education and more from your children. Allow the them to aspire to be the best. Push the system and do not push upon society race or religion as a factor for judicial or any other elected office.

Enough is enough. When I visit the doctor, I cannot imagine him/her being anything less than an "A" student. Sadly, I cannot say the same for the 11th Judicial Circuit.

Anonymous said...

Bill Barzee? What a joke. That guy was Gabriel Martin's engine.

Anonymous said...

Wake up, dude. There's a good chance that your doctor went to med school in the Dominican Republic or Guadalajara.

And you have a choice in doctors, unless you have that crappy HMO insurance. We don't have a choice whose name is on our notice of hearing.

Anonymous said...

Rump, you may be right about the heat not winning the title this year.

Dwayne Wade is past his prime and needs to be traded next year. The Heat need better role players to supplement Lebron and Bosh. The Heat are 12-1 when Wade is out, but only 7-7 when Bosh is out.

And Spolstra looks like a deer in headlights.

Latka said...

Dabeed sava da Rubees life. Tank you berry much.

Anonymous said...

its amusing to read the bitter, ignorant whining of state court plea and ticket lawyers with inferiority complexes take anonymous pot shots at real trail lawyers who practice in real court.

A true criminal defense attorney would fall on the sword for a client .

go cash your 69 dollar checks.

fake markus hater said...

Hey uh, any lawyer could have gotten the same result. I get DWLS cases dismissed all the time.

Rumpole said...

I'm not comfortable publishing an allegation that lawyers lied in a hearing, so absent proof, I will not do it.

As to the Heat- this goes with what I have been saying all along. This is not a team. This is three spoiled stars who are now down to two stars and look what happens- they can't win. Can't make a free throw. Can't male a layup. A good team will beat these spoiled brats any day of the week in a seven game series.

FITTIN PIPE ALL RIGHT said...

BREAKING NEWS!

after lengthy behind the scenes negotiations with the top power brokers in the county, the Plumbers and Pipe Fitters Union 519 to ENDORE ROD VEREEN FOR STATE ATTORNEY.

'THE RIGHT MAN
FOR THE RIGHT JOB
AT THE RIGHT TIME"

is what part of the press release.

Not endorsing a much publicized on going federal probe of the union was the key sticking point.

Anonymous said...

FYI- that should read "endorse" of course.

Latka said...

Dabeed eees dee best lawyer en de america and heee win all dee cases. Tank you beery much.

Randy Newman said...

Look at the numbers,
That’s all I ask,
Who’s at the head of every class?
You really think they’re smarter than you are?
They just work their asses off.
Their parents make them do it.

Anonymous said...

My parrot Sarduy has a bad case of croup. Damn. I know many people have been asking how he's been doing. The poor little thing coughs all day long.

fake Alex michaels said...

Dis Latka is Bullsheeet. And dis US case against dis poor woman Ruby was bulsheeet. David kicked their asses but good. Good for him.

I'm Lovin it said...

AHHH.. The mail brings a sweet 92,300 referral check. For making a few calls and sitting with a client and holding her hand.

Can it get any better than this?

Shumie time for me baby.

Dancing with the Judiciary said...

WSVN 7 ANNOUNCES

"DANCING WITH THE JUDICIARY" with your host Judge Leon Firtel. The new summer series beginning June 23, 2012 promises to be the smash hit of local television for the summer.

First up: Retired Judge Amy Steele Donner faces off against disgraced retired Judge Ana Gardiner, former TV Retired Judge Alex Ferrer and twinkle Toes Don Cohen.

May the best dancer win!

Anonymous said...

Having done TONS of post conviction, from my experience, never words have never been written:

"A true criminal defense attorney would fall on the sword for a client."

Thank you, 9:31 am.

You want to practice excellent law, check your ego at the door. It's not about you, it's about the facts and the law.

Anonymous said...

2nd time this week judge joan lenerd will vacate a sentence this week. her place in judicial hell may now be guaranteed!

http://www.miamiherald.com/2012/05/16/2803040/inmate-who-claims-wrongful-conviction.html

Anonymous said...

Rump- I hear lots of comments about value betting the hand and call equity vs fold equity. I'm confused. Can you help?

DS said...

I am confused about
'Falling on my sword'

Does that mean I lie and say I did a crappy job at trial when I did a good job?

Does it mean I lie and say I did not convey the plea when I did?

Does that mean I ask a question of a witness that has been prohibited, disallowed or limined?

Does it mean I allow perjured testimony to be put forward?

I Will fight for a client and The client's Rights but I will not Lie nor cheat.

I will push the envolope and challenge the State, but not sully my soul by taking it for the client

After all,
My Reputation is on the line.

DS

Anonymous said...

Rump,

What's yr take on the Facebook IPO tomorrow?

Anonymous said...

A job well done? bullshit. What sanction will be imposed on Barzee and Cahn for admitting they were incompetent hacks? You think they will agree to a brief suspension? Yea, right! If this is the kind of crap that these former PDs are willing to pull the Bar needs to get involved to put an end to this charade lest this becomes the defense de jure in the future.

"American Minority" said...

Adam Kaufman Trial is very good. Excellent job being conducted by the defense. I'm not sure why the state even brought this to trial, also I haven't seen that many officers bolster their story at one time in a while. Almost everything they testify to is no in the depo, or report. This is our law enforcement.

Anonymous said...

Cahn and Barzee are way too experienced and skilled to do what was alleged in the petition. the whole thing smells.

Anonymous said...

American Minority - have you ever actually watched a trial? The State is putting on a great case.

Anonymous said...

David Sisselman is 100% right. I'm a former long-time PD and I never believed in "falling on the sword". That doesn't make you a good advocate, it makes you either an accessory or an onstructionist.

Do a good job, do it ethically, do it vigilantly but don't lie and don't obstruct anything. You have to practice before this legal community for your entire career. No client is worth my reputation.

Anonymous said...

DS' comment at 827 is spot on. This is why so many of us like and respect him, even when we disagree with him. There is nothing noble about "falling on the sword" and intentionally tanking a case or lying to help an offender. In fact, that's improper and unethical.

BTDT

"American Minority" said...

Say what you will your entitled, I take part in, and watch many trials in my spare time.I am not the trier of fact here , but this a Law blog, and in my opinion Mr.Mathewman, and Mr.Millian are fiercely, and competently advocating for their client. btw Did anyone just love how the CST Anna Howell was inexorably impeached, and caught purjuring her former testimony,in regards to her infidelity, with the lead detective. What type of CST throws away direct evidence, or doesn't canvass for blood without Luminol. I guess the one who's cheating on her hubby, and takes orders from her rookie lead detective boyfriend. Seriously why wasn't she admonished about slamming the court room door up against the wall, that was overt disrespect for the court.

Anonymous said...

omg " Luminol." you watch too much television son.

Anonymous said...

Let's see:

1. Mary Barzee tries case.

2. She loses badly, and client gets life.

3. Mary Barzee's brother is Bill Barzee.

4. Bill Barzee rents space from David Marcus.

5. Marcus takes case pro bono.

6. Mary Barzee testifies that she was incompetent.

Huh? Don't know what this all means but if I were Oliver Stone it might make for an interesting movie.

Anonymous said...

I saw some woman today come storming out of a courtroom in tears. She was so upset, she lost a shoe, and was crying her eyes out.

I had seen this fairly attractive woman in ABP earlier in the week, professional suit, badge and gun, and a box on a trial cart.

I am going to assume this is the same woman to whom Am Min is referring, and is the one banging the lead detective?

Anyone have any other info?

I think we found Am Min's true calling. Gossip Columnist. Come on bro, dish the dirt.

Anonymous said...

Falling on the sword means admitting you were wrong or were incompetent.

P. nis said...

You keep forgetting that Bill's partner is Hector Flores, Mary's husband. Regardless of the motivation, still a great win for DOM.

Anonymous said...

I don't think Mary Barzee testified she was incompetent. Get your facts straight.

Anonymous said...

8:40,
Thank you! I was reading this whole thread and thought I had gotten soemthing wrong with the whold falling on your sword thing.
It is something honorable, done to admit you were wrong.
It doesn't mean you lie and cheat for a client.
But if you have screwed up, you admit it and try to rectify.

Anonymous said...

My girlfriend and I have a different meaning for "falling on the sword."

Anonymous said...

Wow! Only adding to the conspiracy!? Brother and husband share space with attorney who takes case who then puts sister/wife on stand. Bet the US Attorney's Office not too happy? Think they may try to tap some phone lines ala Shaygan again over there again?

Anonymous said...

Wtf? Luminol ? How about some kryptonite for the flux capacitor?

Anonymous said...

Saying you were wrong is not Falling on the Sword.
It is only admitting a mistake.
Sorry JUDGE I MADE A MISTAKE AND WRONGLY ADVISED MY CLIENT.

Falling on the Sword means taking IT FOR THE CLIENT.
That is a totally different meaning.

DS