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. THIS BLOG HAS BEEN CALLED "THE DEFINITIVE BLOG ON MIAMI CRIMINAL LAW" BY THE NY TIMES, THE WASHINGTON POST, THE POPE, AND DONALD TRUMP WHO ALSO ONCE SAID IT WAS "REALLY GREAT". POST YOUR COMMENTS, OR SEND RUMPOLE A PRIVATE EMAIL AT HOWARDROARK21@GMAIL.COM

Monday, July 09, 2012

Judge Juan Ramirez is now blogging for South Florida. We expect great things. 


Ernest Borgnine passed away Sunday. He won the academy award for best actor for his portrayal of a sensitive and lonely New York butcher in Marty in 1955. A great film. 


The SCOTUS blog has a breathtaking second by second account of the moments before and after the Supreme Court delivered its opinion in the health care case and the reasons why two networks made the wrong call-initially telling its viewers that the court had struck the entire law down. 
There are interesting tidbits such as the court refusing to email the opinion once it was announced:
The Court’s own technical staff prepares to load the opinion on to the Court’s website.  In years past, the Court would have emailed copies of the decision to the Solicitor General and the parties’ lawyers once it was announced.  But now it relies only on its website, where opinions are released approximately two minutes later.  The week before, the Court declined our request that it distribute this opinion to the press by email; it has complete faith in the exceptional effort it has made to ensure that the website will not fail.

But it does.  At this moment, the website is the subject of perhaps greater demand than any other site on the Internet – ever.  It is the one and only place where anyone in the country not at the building – including not just the public, but press editors and the White House – can get the ruling.  And millions of people are now on the site anxiously looking for the decision.  They multiply the burden of their individual visits many times over – hitting refresh again, and again, and again.  In the face of the crushing demand, the Court cannot publish its own decision.
The opinion will not appear on the website for a half-hour.  So everyone in the country not personally at 1 First St., NE in Washington, DC is completely dependent on the press to get the decision right.
Meanwhile although we're into the second decade of the 21st Century, the state courts of Florida are as about as far from electronic filing as the Miami Dolphins are from winning a super bowl. Indeed the question of whether we will be able to upload a simple notice of appearance before the Dolphins reach another super bowl is not easily answered. 
But at least the blog always works. 
See You In Court. 

29 comments:

Anonymous said...

Thanks for posting on one of the great actors of our time. However, his role as Marty was not as good as the original one portrayed by Rod Serling (with a young Nancy Marchand, Tony Soprano's mother, as his frumpled girlfriend. Borgnine was great as McHale in the mid 60's. But I always loved his role as a cynical SF police chief in the 1970's underrated classic Hustle with Burt Reynolds and Catherine Deneuve. RIP.

CAPTAIN said...

The Captain Reports:

Lee Trevino ... Rumpole still thinks the Germans bombed Pearl Harbor. 

Rump. You stated, "with all due deference to Lee Trevino, who by the way was by far a better golf hustler than a golf pro"

You have no clue about what you are talking about if you really think that to be a true statement. 

Lee Trevino had one of the finest careers of any professional golfer in the 20th century. 

He won six major championships. Do you think Phil Mickelson is a pretty good golfer?  He has won four majors. With six majors, Trevino ranks 12th all time in major wins, ahead of such legendary golfers as Byron Nelson and Seve Ballasteros. 

Trevino won a total of 29 PGA golf tournaments, placing him 19th all time. He has won 29 more times on the Champions Tour placing him second all time. He has 89 total professional tournaments wins in his career. 

He was Rookie of the Year on the tour in 1967 and for good measure was Rookie of the Year on the Champions Tour in 1990. 

He won the US Open twice, in 68 and 71. Nicklaus was second in both. The US Open is widely considered the toughest test of the four majors. 

Finally, Trevino won the Vardon Trophy for lowest scoring average five times: 1970, 1971, 1972, 1974, and 1980.

Stick with the subjects you know best. 

Cap Out .....

Anonymous said...

calling out rump on things he knows nothing about.... just another day on this blog

Fake Kenny W. said...

A dapper and elegant gentleman should have a battery-powered nose-hair trimmer in his vehicle to rapidly cut off any unsightly and rebellious hairs that stick out from his nostrils or up from his eyebrows.

Rumpole said...

Lee Trevino was by far and away a better golf bettor than a golf player. I know more about this than you can possibly imagine. My comment does not mean he was not a great player. He was. But he became a pro by pulling himself up from being a club player and indeed he financed his ability to go on tour through his gambling. The very best golf gamblers who played for sums that would leave Tiger Woods shaking in his boots (think rounds in the mid 1970's where millions of dollars changed hands as putts were made and missed) will tell you that the only tour pro who could play with them was Trevino. Trevino was the best tour pro hustler who ever played and was one of the better golf gamblers who ever played. You will never know or recognize the name of the legendary golf hustlers or gamblers, but trust me when I say the pressure they played under made a simple up and down from a sandtrap to win a major feel like a par three pitch and putt. Winning majors and Vardon trophies pale in comparison to the pressure a gambler has when he is three down with four to play at 100K a hole pressed up from a 20K nassau.

You should refrain from writing about things you know nothing about. What's the largest Nassau you've ever played for? $10? $20? a$100? When you're playing at 10K with presses every day for a month, then let me know how it feels.

Anonymous said...

What is a Nassau?

Anonymous said...

Come on girls, play nice.

CAPTAIN said...

11:50. It's an island in the Bahamas.

It is also a way to bet money on the links. A $20k Nassau means you are betting that amount of money against your opponent, usually it's a foursome with two teams of two, and the winning team on the front side wins $20k, the winning team on the incoming nine wins $20k, and the winning team for the 18 holes wins $20k.

The real fun begins when one side is down a bit and decides to "press" the bet. That's when the real money starts adding up. I'll let Horace explain pressing.

Cap Out .....

Anonymous said...

Congrats to Tom Logue on his appointment to the Third!

Fake Country Dave said...

Rump= Help. My internet is out. I can't even log on. What's going on?

Anonymous said...

The Most Token Uncle Tom Justice Clarence Thomas

To the Eorl of this blog Horace Rumpole, and lower Cottar's, Denizen's and Non-Noblemen, good afternoon.


Since I am constrained by my Boss, The Most Chiefest Master Justice John Roberts, and my fellow Justice's, from participating in most of the affirmation's and dissent's of the Court Rulings. I shall put forth my opinions on this blog.

Is is of the up most importance that you recognize that the court in it's preeminent discretion, wishes not to publish our opinion efficiently. We believe that the opinion of the Courts should be left to the opinion of the Fox and CNN News Press Networks Interpretation.

This, in my opinion, has been the more reliable source of communicating our agenda, and selecting Good Boss President's, such as my dearest Master Boss George H.W.Bush's son, The Most Honorable George W. Bush. This publishing process seemed to have worked very well in the past, and my second and third Boss's, Carl Rove and, Johnny Ellis, have insisted that this practice be maintained.

I do seek to appease my Boss's at all cost including at the cost of your *Constitutional rights.If you have any further concerns of grievances concerning this matter direct your non-sense to the appropriate person, and I shall personally see to it that my JA, shred your inquiry's and concerns at once.

P.S. I really wish Boss Rehnquist was alive, cause Master Bob threatens to beat me.(Please don't tell him I said that).

My Regards, The Most Token Uncle Tom Justice Clarence Thomas,
Supreme Court Just-US of the United States of *Amercia


*(Reminder)-(strike that statement from the record)
*Mitt Romney my future Boss, spell checked that, so it must be right.

Golf Guy said...

Rump's right. Trevino considered a good not great golfer. Very nice career but not great. Edges on very good. Very personable. Came up well known as a guy not to gamble with as his golf-gambling abiities were legendary. Indeed he has given interviews in which he has said he won more money at the Wednesday Pro-Ams on the tour then he ever did playing, and he won six majors and several prestigious tournaments.

A Nassau is essentially three bets. A dollar nassau is: 1) a bet for a dollar for each hole ; 2) a bet for a dollar for who wins more holes during the front nine and 3) a bet for a dollar on who wins more holes for the back nine.

So if you have a dollar nassau and win the front nine 5 holes to 4 you win two dollars. If you win the front nine 9-0, you win ten dollars. If you win all 18 holes you win 18 + 1 + 1= 20. A press is just doubling the bet which is considered the proper thing to do if you are ahead the and person behind asks to press. Consider a 1,000 nassau- the front nine you win 7-2, you're up 6K. They ask for a press and you win the back nine 6-3 for 2k- you win 6K for the front nine and 8k for the back nine- 14K for 18 holes. Its easy to see how Trevino made a lot of money doing that 40-45 weeks a year.

CAPTAIN said...

THE CAPTAIN REPORTS:

YOUR NEW 3RD DCA JUDGE IS THOMAS LOGUE

Congrats to Judge Logue. He was a finalist for the previous appointment when Ivan Fernandez was chosen. He made the short short list last time as well.

He comes from a career at the Miami Dade County Attorney's Office.

Here is part of their bio on him:

Thomas W. Logue has over 28 years of legal experience trying cases, briefing and arguing appeals, drafting and defending legislation, and advising clients, including the Property Appraiser, the Tax Collector, the county’s television station, and Vizcaya Museum & Gardens, among others. He sits as counsel to various zoning bodies and the historic preservation board.

Tom has successfully defended the constitutionality of various county ordinances from challenges by the ACLU, the Public Defender, and others. See Exile v. Miami-Dade County, 16 Fla. L. Weekly Supp. 1044b (Fla. Cir. Ct. September 23, 2009), aff’d, 35 So. 3d 118 (Fla. 3d DCA 2010) (upholding ordinance restricting residency of sexual predators); Metropolitan Dade County v. P.J. Byrds, Inc, 654 So.2d 170 (Fla. 3d DCA 1994) (upholding constitutionality of Miami-Dade County historic preservation ordinance)..

He has successfully challenged the constitutionality of various state statutes. See, e.g., Homestead Hospital v. Miami-Dade County, 829 So. 2d 259 (Fla. 3d DCA 2002) (holding that a statute diverting of tens of millions of tax dollars from Jackson Memorial Hospital violated the Florida Constitution).

For almost a decade, Tom taught Florida Constitutional law as an adjunct professor of law at St. Thomas and University of Miami law schools. Tom has written numerous articles suggesting improvements to the law, including Logue and Soto, Florida Should Adopt the Celotex Standard for Summary Judgments, LXXVI Florida Bar Journal 20 (February 2002); Logue, Avoiding Takings Challenges While Protecting Historic Properties From Demolition, XIX Stetson Law Rev. 739 (Summer 1990); Logue and Candela, Florida Law of Bailbond Estreatures, LXIII Florida Bar Journal 44 (Feb. 1989).

Cap Out ....

Anonymous said...

Cap is 100% correct on Trevino. He may have been a great gambler on the links but he was an even better golfer. Since when does winning 2 US Opens, a British Open, and 20+ other PGA events make you "good" and not great. Bullshit. Rump is right about the pressure of gambling vs. the pressure of sinking a 10 footer on Sunday for an extra $500,000.00 when you already have $300,000.00 in your pocket and a five star hotel awaiting your arrival that night regardless of how well you play. Try sinking that putt when the guy your playing against has your last month's rent money and that day's food money in his back pocket. Not even close. But please, stop with the mischaracterization of Trevino as a run of the mill pro golfer.

Fake Kenny W said...

First of all 11am is not the real Fake Kenny W. Rumpols is supposed to stop those.

Second- to finish our discussion from Sunday- let me be clear: clothes make the man, not the other way around. As a lawyer you are as good as your suit. A very expensive finely tailored suit, complemented with a beautiful custom shirt and gorgeous designed tie, finished with an expensive watch (Patek Phillipe or above, Rolexes are for cheap chump wannabes) will get you a bigger fee than wearing some of the rack sears or macys lumpy polyblend mess.

The better dressed you are the more likely clients are to believe you know what you're doing. And in the end, isn't that everything?

Anonymous said...

The origin of the term Nassau came from Nassau County New York where it started at the swank private clubs on the North Shore where gambling, of course, was not allowed. No one has explained it correctly. it works like this. You have a foursome, two teams. Let's say you start out with a $2 Nassau. That means each hole is match play, best ball (which means you take the lower score of each teammate, not a combined score). Your team wins the first two holes +2. Your opponent then can "press" that bet which means you start another bet. Your opponent wins hole 3. The score is now +1/-1. If your opponent wins hole 4, the bet goes -/-2, meaning you are even on one bet and $2 behind on the second. Every time a get gets at -/+ 2, the opponent must press. Real men play automatic presses. So you could end up +2/-/-2 after 9 holes. That means you won $2, lost $2, and are even on the middle bet. Now, if anyone is -1 or +1 on the 9th or 18th hole, that bet is automatically pressed. When you finish 9 holes, real men triple the bets. All new back 9 bets would then start at $6. The 9 hole bets are closed except that there is always an 18 hole bet that can be pressed throughout the match. As you can see, if the scores fluctuate wildly, there is quite a bit of $ riding toward the end. The front nine is nothing but a practice round for the back, where the money at stake increases almost exponentially with each hole played. To really make it interesting, it is common for each player to have a "singles" bet against each of the other three players. Thus, each player will have 20 to 25 bets going at the same time. What you win or lose will be greater than what you paid to play the course. And remember, this is all illegal. But also remember, half those people you see on the links on a Saturday or Sunday morning are more likely than not to be judges, lawyers, and cops.

Anonymous said...

The Real Fake Kenny W knows not to use a powered hair trimmer for nose hair. They can cause the hair to be improperly trimmed, causing the hairs to become ingrown, and very painful

Not only that, but carrying this contraption guarantees hair clippings to wind up on your shirt.

Use a proper grooming scissors. Do it at home, in the privacy of your own bathroom.

The rest of the wardrobe advice is spot on.

One thing I would add. To make the suit look its best, lose 10 pounds. Nothing looks worse than a guy stuffed in his suit like a pork sausage.

I have a question- how do you feel about suspenders? My instinct says no.

CAPTAIN said...

Dear dear 5:29.

The term Nassau originated right here in Sunny South Florida at the old Bayshore Golf Course and was a term used by a select group of criiminal defense attorneys and criminal court judges whom Rumpole will be glad to share with the readers. They used the term as a way to deflect on their very regular gambling that was going on on the golf course. That term made its way up to NY much later.

Of course the golf course betting was only followed up by even more betting in the card room after the round was done.

Cap Out .....

Rumpole said...

I'm not sure the term originated here. I think the comment about the course in NY is correct. But there was lots of heavy gambling on golf in Miami. Players would fly in, especially during the winter months, and the money was outrageous.

rememberin the slice said...

Style? Art Huttoe baby. The original Home-slice.
He rolled in style. Drove a Rolls when most people were dreaming about a Porsche. Had a regular table at the Forge or the Place For Steak. Suits- Hickey Freeman baby- the style of the 70's The watch was an IWC when nobody knew what that was. He ran the courthouse. Nobody got an appointment unless he nodded. Nobody became a Judge unless his he didn't furrow his brow when approached.

And the cool nickname- his clients were calling him Huttoe-homeslice when the BeeGees were singing night fever and only the coolest of the cool new inner city slang.
A true original. Won't see his likes around the courthouse for many many moons to come.

Anonymous said...

Ah yes! The infamous "Men's Card Room" as it was called. Gin and Tonic with a lemon. Think a cross between Caddyshack and Mad Men

Anonymous said...

Herman "The Uncle Tom" Cain Pizza Man said,

I have no problem with the way the Supreme Court publishes their Opinion's. I think you all should have voted me in and I would provided nine more justice's, that's nine more possibilities, and nine more opinions, nine, nine, nine!!!

And remeber:"What if there wasn't no pizzaaaa"?

P.S.,Hell no,I don't like anchovies!

Angry Girl said...

98% of the guys I see wearing suspenders are porkers who can't find a belt to fit.

Anonymous said...

Did you know that Lee Trevino once said: "99% of the putts that are short, don't go in the hole." He was the Yogi Berra of golf.

Anonymous said...

AG-

I agree. But I have a different issue. Getting old I have developed WGA- White Guy Ass.

Which actually means my ass is disappearing, so my pants don't stay up so well.

Suspenders might solve the problem. But I may be replacing one eye sore with another.

Anonymous said...

Is this a golf blog now?

The Place For Steak Guy said...

Man the Place For Steak in North Miami off the causeway was the place to be. Like in Goodfellas there were rules. Saturday, Sunday, Wednesday was for families, steady girlfriends, wives. Monday, Tuesday, Thursday and Friday were for the girls on the side. And the place was full of them. Court reporters, young lawyers, even some sexy clerks were all for the taking. And boy did we have fun. And Dan, Al, and Hank at the door knew who was who. The girls on the side who turned up on the wrong days were turned away. The food was solid and good. Nice wine list. The action could be unreal. Those were the days when if you were a lawyer you always had a bankroll of a grand or two in your pocket, judges never paid for dinner, and your motions the next day were granted.

They were grand times and I miss them.

DS said...

Place for steak, and owners daughter did Tiger Woods.
Owner was High wasnt he, lol.
Personally loved the Duck at the Bonefire
DS

DS said...

Place for steak, and owners daughter did Tiger Woods.
Owner was High wasnt he, lol.
Personally loved the Duck at the Bonefire
DS