Before we begin in earnest, a jolly good show by golfer Ernie Els who won the national championship (British Open to y'all) at Royal Lytham & St. Annes in Lancashire. Mr. Els won his second national championship ten years and one day after he won his first, and he becomes one of only a few golfers to win a major golf championship in three decades. Well done Mr. Els, well done indeed.
RNC CONVENTION IN TAMPA: FIREARMS WELCOME.
Security plans are being implemented in Tampa for the August 27th Republican National Convention. Local ordinances banning the possession of water guns, chains and hatchets have been enacted.
Firearms? Your second amendment rights are safe. Florida law PROHIBITS local ordinances regulating the possession of firearms. Seventy five people get shot up at movie theatre in Colorado, but in Florida your right to possess a firearm is safe and secure, because what we need are more guns in this society, not less. And spare us your far flung fantasies of if everyone in the theater was armed then the tragedy in Colorado wouldn't have occurred. If no one had access to a firearm then there would be no tragedies like this. End of discussion.
BAR WEEK:
Your favourite recent law student graduate is entering the final hours of prep for the Bar exam which is to be given this week in Tampa. As practicing lawyers we can all say "been there, done that" (hopefully once).
"APPOINT A LIMITED REGISTRY ATTORNEY"
Starting today, if you listen closely in court, you just might hear a limited registry attorney ("reasonable doubt for a reasonable price") appointed to an unfortunate soul needing quality criminal defense and instead receiving a "K-Mart"/McDonalds quality attorney.
We have not yet decided on whether to publish the list of those unfortunate and misguided souls who have signed up as unwitting co-conspirators with the Florida Legislature's naked attack on criminal defense attorneys in this state. But we invite any individual to write us a defense of why they chose to participate in this program, and we promise to post their missive on the front of the blog, unedited, and they need not sign their name if they wish to remain anonymous.
Not a great start to a rainy hot and muggy week. Even so, See You In Court.
When you see something that is not right, not fair, find a way to get in the way and cause trouble. Congressman John Lewis
JUSTICE BUILDING BLOG
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. Winner of the prestigious Cushing Left Anterior Descending Artery Award.
47 comments:
Democrat, and 2nd amendment all the way. Colorado was very unfortunate and troubling, how about a psychological evaluation as a part of requirement to obtain a firearm. Maybe that will help keep guns out of some yahoo's hands. Publish the list already Rump, don't spare them, serious business at hand.
I'm a huge 2nd Am. supporter too, but the gunman bought his weapons ONLINE!! That is not so smart.
The theater was a gUn-free zone, which means no law-abiding citizens had them in the theater and could not act like the old man in he Ocala internet cafe who made the armed robbers flee when he fired at them with his legal gun.
9:46
Wrong. The gun free zone, if it exists, is not by statute, it would be a policy of the private property owner.
The state also has a self defense law that would allow any person to have defended himself and others in that situation.
So anyone who owns a gun could bring one to the theater, and only risk expulsion.
But you are probably right, having a bunch of people firing weapons in a crowded, darkened theater, where people are running in a panic sounds like a good idea.
I have no tolerance for guns or the NRA. This was the act of someone who easily obtained the means of mass murder because we as a society tolerate it when in fact we have the means to stop it. The Supremes consistently get it wrong about the 2d A, it has to do with a well-regulated militia in colonial times when there was no standing army. That is not the way it is now nor should the 2d A apply in its most literal sense. The government should have every right to restrict gun ownership as well as the types of weapons people may own. Only when we do that will you see the availability of these weapons truly lessen. And don't give me that crap about then only criminals will have guns. The more restrictive we are about it the less we will hear about this type of carnage.
The gunman bought the weapons at Bass Pro Shops aNd another store. He got the body armor and booby trap chemicals and ammo online.
An Attorney who I respect a lot, A Real Fighter, came to me today and said I post too much.
IT is true I run on and think I know everything about everything. My kids call me Webster ( like the dictionary) but I like WikiDAVID better.
For those of you who have not noticed I am actually an Official Contributor, like the Captain. Just look under the fish, for my Initials.
Feel free to ignore my musings or posts.
Here is the irony if not the sheer stupidity of it all. During the Republican National Convention you cannot bring a water pistol to Tampa, but you can bring a glock. I don't know about anyone else, but I'd much rather get sprayed with a water gun than shot with a glock.
D.S. tell your friend you appreciate the criticism, but it's your right to voice your opinion. People always want to censor others who have something constructive or different to say ,but that's what this country was founded on, so tell em he must like it because he reads all day. When I was a kid my dad listened to Neil Rogers at the shop and it was ironic how people would call in every week and say I hate your show Neil, Neil would reply "stop listening", simple. So tell your friend stop reading the blog, simple.
I doubt if this nut job received guns on line don't know Colorado Law, but when I orders a specialty fire arm online I have to disignate the delivery to a store and pay a transfer fee and shoe the proper identification and wait if you don't have a CWL. So I doubt if he received direct delivery, that's illegal.
Sitting here reading judge Miller's pamphlet. It states "His hard work ethic includes arriving at the courthouse by 6am and allowing hearings as early as 7am". Hmmmm can someone say bolstering...It also states he has been known to give lawyers his vacation days and holidays, if needed to have their cases heard". Who can attest to this??? Doesn't the courthouse open at 8am, how is this possible, someone please enlighten me?
Name the limited-registry scabs! P.S., suit filed in Broward's 4th DCA challenging legality of limited-registry. Case is Brent Del Gaizo v. Chief Judge Weinstein, and R. Wasson, C. Vizcaino, and I. Still are counsel for Petitioner.
Rump, I'm sure you're not stupid enough to think that a ban on guns would have prevented this (or would prevent any psycho) from getting a gun.
How about the "irony if not the sheer stupidity" of requiring an ID to attend a presidential press conference but not to requiring one to vote?
Circle K
I am sorry this will take Two Postings due to size limitations.
Dearest Horace
I must disagree on your basic , yet unstated premise about Gun Control.
Gun Ownership is an important right that is part of what makes US Americans and not Europeans, Canadians or like any other country.
Yes, to paraphrase Franklin, We Americans are a rougher, cruder breed, that is what makes US different.
From about 1740 on, the American colonists resisted tightening limitations on their individual rights. After the Seven ( 7 ) Years War , what we in the USA call the French & Indian War, the BRITISH CROWN tightened its control over US to the point that we revolted. From The Second portion of the Declaration of Independence through the Virginia Declaration of Rights to the United States Bill of Rights, WE have given Free Citizens guarantees AGAINST Government Restrictions on OUR Actions.
I See no Difference nor reason to differentiate in my First, Second Fourth , Fifth or Sixth amendments Rights.
They are ALL there to say to the Government ‘THOU SHALL NOT ‘.
I would go further, and yes this will get me in trouble, but I do not think that the Second Amendment allows the Government to forbid Convicted Felons from having firearms. The Founders new about convicts and government restrictions on Convicts Rights. BUT They LEFT out any Exception in the Second Amendment , like except convicted felons . See the Thirteenth ( 13 ) Amendment where Involuntary servitude is outlawed EXCEPT FOR CONVICTS. Remember that All the founders according to the British were criminals.
Yes it is easy to use logic to say ‘ The Founders did not consider the problems or complexity of modern society’. Those arguments gave us Terry and Chimel and Searches of Cars and Exigent Circumstances.
All Judicial Activism by Conservative Judges to Help the Police and government violate the clear and Unambiguous meaning of the Bill of Rights.
As If the Founders didn’t Know about Concealed weapons. So we can do a pat down for guns . Or The Founders didn’t envision cars that could get away before we could get a warrant. Or If you are in Prison on one case, but you are not in custody for another case, The Police may wish to charge you with, but have not technically arrested you yet, so No Need for Miranda warnings. Or If You have an Attorney on One case and the Police want to Question you about something else, they don’t need to go through or advise your current legal counsel.
Well , The founders Knew about Concealed weapons and Firearms ( they hid them from the Redcoats), they Knew about Riding a Horse or Buggy to get away to escape before a warrant could be issued and they Still Said” THOU SHALL NOT SEARCH EXCEPT WITH A WARRANT UPON PROBABLE CAUSE PRESENTED TO A MAGISTRATE” . Period. Yet our Law is filled with exceptions.
I agree that violence, especially gun violence is out of hand. We live, especially in SoFLA in the Wild West, yet it seems safer that the 1980s with the Cocaine Cowboys.
Yes, I know the Movie Killer had a AK15, a civilian model of the M-16. My Dad used to have a Ruger Mini 14. Same basic rifle, shoots a .223 cal. . I killed lots of cans, appliances and bottles in the Glades with it. A Hell of a Gun.
The Colorado Killer could have easily had a 9mm or .40 cal, or a few of them or multiable clips and done
the same carnage.
Also, The Colorado Killer had explosives and could have just brought an explosive / Poison Gas/ WMD to the movies hidden in a vest or jacket.
I can drive less than 15 minutes from my house and by fireworks if linked/mixed/tied together that will cause a hell of an explosion and lots of deaths or injuries, especially when combined w/ a box of nails for shrapnel.
I can just mix C#$%$%^ w/ A(*&(&^% and R%@$^&* to form poison gas. All these products are easily obtained in a supermarket or Home Depot. { NOTE: Formula left out on purpose}
Anyone remember the old ANACKIST COOKBOOK , a bomb making handbook from the late 1960s-'70s? It’s easy to find IED ( Homemade bombs) Instructions on the Internet.
In The Past Three (3 ) Months as many people have been killed in South Florida.
More have Died in Afghanistan, all for a LIE. One member of the US Military Kills them self EVERY DAY FOR THE LAST YEAR.
Bringing a gun to gun-free zone is considered armed trespassing under statute and can get you arrested. The point is that only the law-abiding Will respect the gun free zone.
12:17, you should be aware that the jurisdictions with the strictest gun control and gun bans have the most gun violence. Even Canada with its strict gun control has had these type of nut case shootings. Contrast that to Vermont, with very low gun violence and no gun control, or to Kennesaw, GA, where the crime rate plummeted after the city made gun possession mandatory for residents and criminals moved operations to cities safer for them.
DS, You nailed it! Tip of the hat.
DS is correct.
"Ted Nugent: “I believe that a person moral compass can be determined by how he references free men the right to defend themselves. The second amendment to me is so obvious to me, its insane that there is an argument. Let’s pretend there is no document. Let’s pretend brave families didn’t leave the tyrants and slave drivers of Europe, so that they could practise the religion of their choice, they could speak out without being murdered, that they could produce wool without the King’s men coming and taking it from them every season of harvest. Lets pretend none of this happened. Lets just pretend that this guy named Ted Nugent, parachuted down to earth and woke up one morning and saw all of these wonderful resources and had dreams of excellence and being the best that I could be. I don’t need a document and I don’t need another man to explain to me that I have the right to defend my gift of life. And that there is an argument in America from Hilary Clinton, from Barbara Boxer, Diane Feist, from a whole gaggle of numbnuts, who would try to tell me they will dictate where how and if, I can defend myself. I find that preposterous, I find that unacceptable and I will not accept it. I am a free man, DON’T Tread on Me, a good law abiding citizen, not convicted of a felony. The 2nd amendment of our bill of rights is my concealed weapons permit. PERIOD. That’s it....
Watch the remaining interview with Uncle Ted and his view on gun control here: http://www.youtube.com/watch?v=T_QjEL0uUgo
America-- land of the free, home of the brave......G-d Bless You..............Play Ball!
Does DS post from his work computer?
George Carlin would have loved the irony. They're going to ban water guns and keep the fucken real ones! No one could have defended themselves from this guy . He was in full body armor , helmet and throat protector armed with an ar15 clone and 100 round mags. Do we all need to go to the movies like that now, just in case? I have been an NRA member for over 30 years but this shit has gotten out of hand. I have no problem with a pocket pistol for self defense, 6 rounds are enough. Hunting rifles or a shot gun for hunting or home/boat defense. Nobody but the army needs this kind of hardware , there are way too many diss affected , crazy people out there these days. Blame it on the Internet , Facebook, lack of faith, too much faith, the kardashians, high fructose corn syrup but the fact is without assault weapons and web supplied ied components we would all be safer and better off. Jason Grey
You don't have to post the names of the attorneys on the registry but you can certainly tell us how many have signed up?
Jason is right. You can just imagine Carlin doing five minutes on how they can ban water pistols but not 9mm handguns. Amazingly stupid.
As to the other comments- almost anyone can go to a Kmart and buy a gun today. And ammo. So more guns= more opportunities for these tragedies.
Can anyone argue the opposite? Less guns=more gun violence. I would really love to see someone try.
Rumpole, what world are you living in? Where do you find the most gun violence? In Chicago, New York, and Washington DC, the places that have the most and the strictest gun prohibitions. Yes, less guns = more gun violence because those are less guns in law-abiding people's hands and more guns in criminal hands. There is no need to argue that less guns = more gun violence, the statistics bear it out, or like they say in law school, res ipsa loquitur.
Yes carlin or Lenny Bruce would have loved the Irony.
By the way If I post in the day its during lunch ( a late one today) or when I take time off.
The Irony is I support Brady Bills but how do we do it WITHIN the Constitution?
Also The Movie Killer Could have used multible handguns for the same results or one gun and many clips.
No Matter What this was a Tragedy.
Really?
Gun death homicides per 100,000 population:
2001: US: 3.98; England: .015; Japan: .02; Canada: .4
source www.gun-control-network.org
similar stats for 2004-2008 are on wiki.
Jason, I'd rather have the criminals/crazies shoot me with puny .223 or 7.62x39 "assault" rifle rounds than with powerful .30-.06 or 7mm Magnum hunting rifle rounds or 12-gauge 00 buckshot shotgun shells.
Hey rump=- New ASA here.
What's the oldest trick in the book?
If you look at the time of Dick Snot's posts he is either taking extremely long lunches or posting from work. The taxpayers should be very happy that their dollars are going toward his frequent contributions to this blog. Maybe the Herald should look into it.
The ol' double dutch is a popular scam defense attorneys run on new ASAs
How about the "Jim Best double trial gambit"?
Announce ready in two cases and then on the day of trial go to both courts and tell each you are in trial in the other if the state is ready.
He didn't invent it, but he sure perfected it.
NCAA sanctions against Penn State include voiding all victories since 1997. I lost a ton of fricking money on them since then. Probably over ten K. I want my freaking money back, They can pay 60 million in fines, then they can pay me my 10 grand!
Although I hate censorship, I do believe in restraint. DS unfortunately does not know the meaning of the later. Thus, I propose that Rumpole put a moratorium on DS posts for awhile. ho isn't sick of his musings - which are not all that deep or provocative, and sick of seeing him post while on PD/taxpayer time.
Kill u just as dead with a 30 aught or buckshot agreed . But a hunting rifle or a pump gun holds maybe 5 rounds and takes some skill to get off fast. I'm in favor of owning weapons for personal defense but way too many crazies these days for wide spread distribution of military style spray and pray choppers. I have a neibor who has a permitted grenade launcher and several supressors ( silencers) really. Really ? Jason. Grey
ed odonnell pleads a guy to 30 years
the max.
why the fuck would you ever plead before lenard when teh max is still available, on htese facts.
travesty of justice.
go down with a fight and get your thirty. have some self respect. must not have been money in it....
pleading to the max is just weak.
http://www.miamiherald.com/2012/07/23/2908910/broward-child-pornographer-sentenced.html
Only a true believing putz would make such a douche bag comment. Get a hold of your emotions fella. Maybe the guy wanted to plea. I know it's hard for u to understand but, on ed's worst day, he is twice as good as you will ever be in a courtroom.
Never ever plea to the max. Never plea to a charge that will lead to a sentence resulting in incarceration past age 65. Never rely on the hope of a rule 35 they keep those locked in the same vault as the Brady material
And why can I buy an ak at wallmart but lawn darts have been banned as too dangerous ? Remember flannel pajamas? Outlawed. They passed a law against texting and driving cause it's dangerous and yet it is perfectly legal in Florida to drive around with a loaded cocked and locked mini 14 on the passenger seat. Fucken twilight zone
Total DB move to comment on client's decision to plead. Stop hating little man.
1016......I knew your comment couldn't be true. Ed is fearless and one hell of a trial lawyer.
Read that article again. Looks like they plead open to the court and Ed argued for a lesser sentence. That's not so uncommon in Federal court in cases where the evidence is overwhelming.
BTDT
It's really impossible to criticize what a client has done without knowing the facts of the case. Perhaps the client insisted on a plea despite the recommendation of the lawyer? Perhaps there is the possibility of a lesser sentence in the future with cooperation. Perhaps the attorney evaluated the case and his best recommendation was that the best chance for a lesser sentence was after a plea. Mr. O'Donnell has a sterling reputation and is one hell of a trial lawyer. No one here should doubt his ability to go to war and win if that was the correct move.
Having now read the article, I am not sure what else could have been done. It is a horrific case with almost unimaginably bad facts. Lawyers are advocates not magicians. They cannot make bad facts disappear. This man would have been convicted. His only chance, albeit a very small one, was to plea and seek something- 25, 26, 27, less than the max. However, that was unlikely to happen. I would have sentenced him to the same. I thing most of us would as well.
I've been running the "speedy trial by a mile" ploy (not fair to call it a scam although in some ways it is) since I saw old George McShoughnesey run it with success against Hank Adorno in the late 70's. One minute Adorno had a case, the next he didn't and he never knew what hit him. Outstanding. You need the perfect set-up, but when you have it, kaboom!
Does anyone know the real story about why Andrea Wolfson rejected the SAVE DADE endorsement in favor of the Christian Coalition endorsement?
DS, What about internet porn?
The founding fathers couldn't have imagined that.
But yet we prosecute people for it.
congress shall make no law abridging the freedom of speech. he was only expressing himself.
And I'm sure they had no clue you could have automatic weapons that would fire hundreds of tounds per minute.
We put so much faith in these old men who raped their slaves and cheated on their wives and slaughtered Indians and hung people in the public square.
Perhaps it is time to re-examine what the government Shall Not do. Maybe they didn't get it right.
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