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, August 07, 2012

JUST SAY NO

David S Markus, the scourge of the limited registry, took his quixotic fight -via FACDL-  to the 3rd DCA, challenging Joel Brown's administrative order implementing the limited registry ("reasonable doubt at a reasonable price"). 

The 3rd said NO, but it might be a pyretic victory for the dark lord, because while the 3rd denied some of what the petitioner sought, they ordered Judge Brown to respond (gasp!),  which means that his honor will have to A) do some legal research and write a response (ok, stop laughing) or B) Hire a law firm.

The battle continues. "Never never never never never surrender."
Willis Reed, 70 Knicks,  & Winston Churchill, 40 Brits. 


Just say NO

FYI: we might be induced to lower our hourly fee. But someone will have to ask nicely. 
BTW: 80 followers. Thanks.

40 comments:

Anonymous said...

No, he will not respond Mr. Dummy Rummy.

Brown will be represented for free as taxpayers like you and I will pay to defend his actions.

Keep in mind that this mess was not Joel Brown's fault. He is just stuck dealing with a bad law.

Fake Joel Brown said...

I will crush David SSSSSS Markus and his rag tag rebellion followers. They will all feel the power of the dark lord and the dark side of the force. I will make him crawl to me and beg to get on the limited registry and then I will make him take misdemeanors for $95.99. HAHAHAHAHAHAHA. I will crush him. The dark side of the force is too powerful.

Rumpole said...

I believe that the LR law says that the chief judge of any circuit MAY implement the LR, meaning that Brown had a choice and made his bed. When you sleep wit dogs or Florida Legislators, you get fleas. Brown buckled to the threat to take the $$ paid to general registry attorneys from his budget, because he and his judges just need that new espresso maker.

Anonymous said...

Total uproar over that kid Tuttle. First trial out of law school- second degree felony. Lead atty gets sick, Tuttle jumps in, tells no one and wins the damn case. Supervisors find out and freak out. Tuttle admits he winged certain parts that he didn't know. Judge said he did a great job. Nobody knows what to do with the kid. Fire him or make him the new office superstar.

New Esq. said...

So for the last two weeks I have been surreptitiously poking around the courthouse. Just wandering from courtroom to courtroom. Don't know any of the players, lawyers, etc. Read the plaque on Sy Gaer on 2. Seemed like a legendary character. I take it a lot of people are on vacation and what I am seeing is the minor leagues. Not very impressive. Sort of has me wondering if I screwed up turning down a job at Cooks County Pds. But my goal is So Dist Pds so I have to put in my time here. Saw a few voire dires. Very very unimpressive. Lawyers kept screwing up. Saw prosecutors at least twice say something like: "Who here expects us to have DNA and video"? and of course the jurors raised their hands. Who wouldn't want that? Then the prosecutors, now in a box, and unable to explain the facts, had to stumble through reasons why they didn't have it and always fell back on the question "can you be fair?" I don't know about you guys, but where I come from, the lawyers ask open ended questions to get jurors to open up about their own opinions. This business of trying to pre-try your case in voire dire is for losers. And I see plenty of those in this run down courthouse. Sorry guys, I want to fit in, but I also want to say the truth.

Anonymous said...

LOL. I love seeing new lawyers comment on the trial skills of others.

Anonymous said...

Say the truth,

You should be happy then. If everyone is unimpressive you should be able to dominate the competion, make a name for yourself, and make money after your stint and the fed pd.
BTW where the fuck is cooks county?
Sounds like the lawyers there are on the cutting edge!

Good luck. But my money is on Tuttle.

Cisco Kid

Anonymous said...

9:08/new Esq - I saw you lurking around the courthouse. You stand out because you dress like a new Esq. Makes sense since your mom bought your suit. Also, your Super Cuts haircut ain't cutting it boy. Time to upgrade to Vidal Sassoon - go Mondays for the student stylist.

You obviously are a moron because you won't get a job at the Federal PDs in the Southern District because you worked at the PDs office in Miami. They rarely hire, and since you were unqualified to get a federal clerkship (or you would have that job now), your going to have a long list of more qualified and experienced people ahead of you. Since you will acquire skills that limit you in the legal field you will do a few years at the PDs office, then open a private "civil" firm that will handle criminal cases to get by. You will primarily handle criminal though, saying it is "civil" to make you feel better. However, there is limited money in criminal now. It's like buying a middling stock that peaked 10 years ago will likely be worth even less in the future.

I'm going to guess you never picked a jury in Miami-Dade. Good luck. By far some of the dumbest jurors in the country. Why wouldn't the SAO ask if people expect DNA - plenty of jurors demand it here. Cooks County would get a death penalty recommendation on a DWLS if possible. They don't play in Georgia.

I do agree though, pre-trying is overrated.

Anonymous said...

He should hire David O.

Anonymous said...

Hey Perry Mason, good luck getting that "job at Cooks County Pds".

Anonymous said...

New Esquire:

If you don't attempt to pre-try your case in voir dire you are missing a golden opportunity to educate your panel.

You have no business criticizing. Wait a few years.

Anonymous said...

New Esq., the prosecutors around here generally suck. The PDs are much better trial attorneys. I do take issue with you comment on voir dire. Why wouldn't you want to test your theory of prosecution or defense on the jury? Asking open ended questions without a theory is pointless. And yes, you did make mistake turning down a job with the Cook county PDs. I don't think there office is particularly better than the Miami public defenders office, but living in Chicago is much better if you ask me.

Anonymous said...

The Limited Registry is great. Unemployed and underemployed Real Estate lawyers abound in Miami-Dade. Real Estate Lawyers know how to structure a deal and write it up. So, let the Real Estate Lawyers negotiate, plea everyone in, the Sate is Happy, Judges are Happy - mani - pedi and golf dates a reality, building staff can finish cleaning the building early, less security cost over all cause everyone s gone early . . . You infidels do not comprehend the significance and benefits of the Limited Registry. Employ out-of-work Real Estate Lawyers and reduce budgetary expenditures. You call yourselves “lawyers” and couldn’t figure this out - geees.

DS said...

Another CarpetBagger with No experience thinking He is Roy Black or F. Lee Bailey ?

Try 2 dozen or so Jury trials and then let us know what you think.
How many guys have you Walked?

DS

Anonymous said...

Still no coverage of the pussy riot trial

New Esq. said...

Wow such hostility for a little criticism. I was just saying I saw a few lawyers get into similar trouble during voire dire for making mistakes that my trial advocacy courses told me to avoid and that the lawyers who I helped picked juries while an intern also took pains to point out for me to avoid. And I see the same mistakes here and the community goes ballistic. Wow. How about feeling that it's never too late to learn?

Anonymous said...

DS lighten up on new lawyer you did not feel it was fair when the blog stomped on you for your mental health joke did you?
(It was funny but not correct). Just tell New Esq. that as a young whipper snapper he will learn that
there are many ways to conduct a voire dire and it would be hard to prove which way works best (except for the one which involves paying some schmuck 50,000 dollars a s a jury consultant).

Anonymous said...

Hey New Esq,

Are you old enough to remember the great line from A Few Good Men where he says knowing when to object is the difference between PAPER law and TRIAL law?

Saying that you learned something in trial ad and now criticize people who have practiced and implemented startegies that work for them shows your immaturity and your inexperience. You are the perfect example of the reason I HATED using interns when I was at the PDO.

Please, shut up, watch, and learn. You will learn both how you want to practice and be known AND how you don't. I have been a lawyer for 15 yaers and I am still doing just that.

I hope Rory and the boys don't hire you and if they already have, I hope they give you a position that will offer you a little humility..... Perhaps assigning you to a judge that will kick your ass and humiliate you a little is just the ticket.

Fake New Esq. said...

By the end of August, I will have nailed every PDs girlfriend and 1/3 of the ASAs wives/significant others. Then you will know the power of my voir dire!

For September, I will be moving onto corrections (I like strong women), with October and November to bring in the the ladies of MPD and MDPD.

December will end the year with the hot judges of Circuit and County (I count 5 total), with a private party on my yacht New Year's Eve for any stragglers I feel should have been included.

Fake Kenny W, you are invited to the New Year's Bash, so is this Tuttle who needs some real schooling.

Anonymous said...

New Esq. said...

Try a few cases and you'll learn the value of pre-trying a case and not just asking open ended questions. Many cases are won and lost based on how well the jurors were educated about the issues that will be presented to them in trial. Indoctrination is just as much a part of good jury selection as finding out who your jurors are.

Anonymous said...

Always fun to watch these fake characters (New Esq) rile up otherwise intelligent people (yeah, these people are fake, they are in character, really.)

Anonymous said...

New Esquire the point is YOU should be watching, not commenting.

And you typify the attitude of this coddled generation. YUCK.

An Old Timer

Anonymous said...

Calling the shumie!

Rumpole said...

I think the new esq has it right. I see prosecutors make the same mistake in almost every trial. And I fond pre-trying a case worthless. It makes you a 50-50 lawyer. You win half the time. I agree the best way is to get jurors to open up and talk. How many times have you ended up with the last jurors on the panel and no know knows what they think. Truth is we have lots of lawyers trying cases that have little idea of the importance of voire dire or how to do it correctly.

Anonymous said...

Ouchhhhhhh Rod!!!!!!!!!! you got "Crazy Joe" Carollo and fat-boy John Rivera at the PBA spreading hate all over town but the preeminent Miami African American newspaper, The Miami Times, endorsed KFR for State Attorney today-- they did not go for the spite candidate. Rod, you should not have gone to the garbage dump to pick your campaign leaders.

Anonymous said...

Nothing better than getting trial critique from someone with no trials. Well I've been watching the gymnastics finals these past two weeks, maybe I should become an olympic judge.

Oh wait, your trial ad professor said such and such. Now I can respect your opinion.

Too funny.

Anonymous said...

Shumie topic of the day---

Why Men Fall in Love.

Anonymous said...

This is so sad. An anon poster makes up some story and the old-timers go crazy. Oy vey.

Anonymous said...

I'm home with an injury for a few weeks and this MILF anchoring the Olympics on MSNBC is driving me crazy. She is hot.

Anonymous said...

Make voir dire a conversation with prospective jurors, talk shit with them, get them to relax and open up, listen to them and share with them. You'll get a lot of valuable insights that will make it much easier to pick the right ones for you.

Anonymous said...

Rumpole, check the IP logs to see if New Esq is a reincarnation of American Minority.

Anonymous said...

You make it sound like banging a PDs girlfriend is hard to pull off.

Anonymous said...

Worse than getting a trial critique from a lawyer with no experience? Reading a DS post with all the crazy punctuation.

Anonymous said...

@1:19-- Most men have a hard enought time admitting to themselves they've fallen in love with another, never mind explaining what brought it on in the first place. I was blindsided.

CAPTAIN said...

THE CAPTAIN REPORTS:

SO YOU WANT TO BE A COUNTY COURT JUDGE ....

NO? MAYBE YOU WANT TO BE A CIRCUIT COURT JUDGE .....

With County Court Judges Cristina Miranda and Rodney Smith getting promoted to Circuit Court, there are currently two open seats in County Court.

So, if you have decided that you no longer want to practice law because you are making just too much damn money, then file an application with our local JNC and take your best shot.

And, if County Court is not good enough for you, then former Chief Judge Joseph Farina has retired effective August 31, 2012 and there is now an open seat on the Circuit Court bench too.

Your applications for the three open seats must be on the desk of the JNC by September 7, 2012.

Cap Out ....

another fake blog character to rile up the idiots said...

so I went out with this hot chick I met at that restaurant on the beach and took her in to my 2014 porsche 999 and we went to my 107th floor penthouse and I....

Eye on Hague said...

wtf is wrong with judge andrew hague?

Anonymous said...

Rump- you said the other day that high dose vitamin C is the secret to not aging. More info por favor.

Anonymous said...

Fake DS said;

I is, sMartier then you'is ?

Anonymous said...

Fake DS said New Esq. don't be
discouraged by all the cruel talk.
I studied hard in school and now I speak 17 languages and I speak English the bestest.