Wednesday, October 03, 2012

CLOSING THE BARN'S DOOR

GABE MARTIN funeral information:

Gabe’s Funeral Service/Burial. The funeral services will begin today from 6 p.m. to 11 p.m., and again tomorrow from 10 a.m. to 2 p.m., and the burial will be at 2:30 p.m. at Our Lady of Mercy Cemetery, located at 11411 NW 25th Street, Doral, FL 33172.


PRESIDENTIAL DEBATE: We'll live blog the debate and also tweet the debate (for those of you that can follow us on twitter).  
Also join us on Google+ where we already have a video of one of our favourite debate moments in history. But to see the fabulous content, you need to join and we will add (most of) you to our circle. 

In Miller v. Alabama, 132 S.Ct. 2455 (2012) The United States Supreme Court brought the United Sates (albeit kicking and screaming) into the realm of civilized nations by prohibiting mandatory life sentences for juveniles, even those convicted of murder. 

Civilization for the rest of the country and world may be fine, but for the 3rd DCA, it doesn't sit too well with them. All that malarky about juvenile's brains not being fully developed and juveniles having an impaired ability to understand the consequences of their actions may have persuaded a bunch of leftist, activist judges in Washington.  But Judges Cortinas, Rothenberg and Fernandez want the world to know they are cut from a different cloth. Juveniles sentenced to life in prison in Florida before Miller are going to serve every day dammit! 

Here is the opinion (from a pro se client no less, so the issue wasn't even briefed by lawyers). Geter v. State. 

It takes 24 pages of stretching and reaching and pulling and tugging to fit the decision in Miller firmly outside those cases that are  a development of  "constitutional fundamental significance." (Lucky for the panel there was no oral argument so they didn't have to keep a straight face while arguing that a constitutional prohibition against sentencing juveniles to life in prison is merely some "housekeeping" and not a change of "fundamental significance.")
 Never mind that Florida has held that the Supreme Court's decision in Graham v. Florida, 130 SCt. 2011(2009),  holding that life sentences for juveniles in non-homicide cases are retroactive. As the decision in Geter  boldy says: Miller is entirely distinguishable from Graham, 130 S. Ct. 2011. Graham categorically barred a life sentence for juveniles which clearly Miller did not. 
Yeah, right.  As our dear, departed property professor used to say: "Sometimes wrong. Never in doubt." 

What's really behind the 3rd's decision? Closing the barn door BEFORE the horses get out: 

Applying Miller retroactively would undoubtedly open the floodgates for postconviction motions where at the time of conviction and sentencing, the judge did not have an affirmative duty to consider mitigating factors of youth. 

Nope. Can't have the floodgates of litigation opened over a minor matter like a juvenile spending the rest of his or her life in hell on earth. Gotta keep those floodgates open for things arising in civil court, like, say, mortgage foreclosures. 

This decision, with all due respect, made us sick when we read it. 
The Florida Supreme Court cannot act quickly enough to overturn this disaster. 


17 comments:

CAPTAIN said...


to 7:07 PM

THE CAPTAIN RESPONDS:

Respectfully, sir, or madam, there are two points of view here and both are worth a look.

You stated:

"whatever no one knows what is more at risk than a pit lawyer".

You are correct. In Criminal Court. However, this Blog sometimes turns very bright individuals into short sited criminal defense lawyers.

There is another world out there: it is called:

General Jurisdiction Division.

And then there is:

Unified Family Division

and

Probate Division

There are 123 Judges in Miami Dade County; not all of them are assigned to County and Circuit Criminal.

In all of the other divisions, there are no pit attorneys and the amount of trials and courtroom work is much less than in criminal.

Instead, the real life drama of a private practice, the billable hour, the insurance defense client, the husband and wife fighting over the Picasso, and on and on.

There is a lot more out there than just 10-20-Life and 15 year MM.

I believe that many of our best judges are former ASA's and APD's. But there are a host of judges that are on the bench that came from a civil background or family background that have a very keen understanding of not only the law over there but of what the attorneys and the litigants bring to the courthouse.

That is something that a lifer from the SAO and the PDO does not always appreciate.

There is life outside of the GJB. And if you ever have to venture over to 73 West Flagler, or to the Lawson Building above the second floor, you will know of what I speak.

As for the finalists for the three open seats. Many of you do not know of and have never heard of Jason Dimitris. His name is well know in the Panhandle. And he will have a great shot at landing the open Circuit Court seat, if not one of the two County Court seats.

Steve Reininger is another name that no one on this blog will have ever heard of. But, you should know that he is partner of Joe Klock. Klock still has some pull in the RPOF and those ties extend to Tallahassee. Steve is a very well respected attorney with many years of experience.

A few of you may remember Julie Terry who worked at one time as an ASA here. She has been working for an insurance defense firm for several years now and has a great deal of trial experience in both criminal and civil. She will get a strong look for one of the open County Court seats.

And for all of you posters that believe Ms. Acosta is ready for the job, stop posting on our BLOG and start sending emails to Gov. Scott's office.

CAPTAIN OUT ....

Rumpole said...

Right horse wrong barn. Who are you talking to?

Anonymous said...

How come the Supreme Court says it and it takes ten years for the lower courts to say they didn't really mean what they said.....

Anonymous said...

Is the 3rd DCA a rouge court?

Anonymous said...

Couldn't agree with you more Rumpole. This decision by the 3d DCA is a new low, even worse than the Rothenberg decision (overturned by the Fla S Ct) that found harmless error applied to voir dire.

Anonymous said...

Jason D. was an ASA, then Assistant AG, AUSA and then high ranking exec. atty. He was a great prosecutor and is an all around great guy. Mild mannered, smart, human.

Could not be a better choice for the bench.

And oh yeah...FU LS...B.

Anonymous said...

Who wants to go to a shumie/cigar store/debate party?

Carb free!

Macanudos and Mitt.

Cohibas and Obamacare.
Count me in!!!

Anonymous said...

I think I spotted Hoffa. What are your thoughts Rump?

Anonymous said...

"All that malarky about juvenile's brains not being fully developed and juveniles having an impaired ability to understand the consequences of their actions may have persuaded a bunch of leftist, activist judges in Washington."

But you would argue that they have the ability to decide whether to have an abortion without telling their parents right?

Anonymous said...

Rump, you are right in the big picture sense. But technically I think the Court is right. Miller was not the type of watershed ruling that requires retroactive application on a third state habeas petition. He was sentenced properly under the law when his conviction became final. The result was also undoubtedly related to the heinous nature of the crime. I am sure the clemency board can take this all into account. (not). Big picture here would be: what's the real difference - resentence him. But that would require a commutation.

Anonymous said...

Rump, it cannot be missed that the opinion was authored by former AUSA Cortinas.

He and Rothenberg have been trying to walk the 11th Circuits harmless error...bad facts warrant higher standard on appeal...antics into the Florida Courts for a long time.

This is a classic in that respect - the guy is ambitious, knows the opinion will be reversed, but will always be able to point to the opening description of the crime (which has zero to do with the holding) and say he refused to let the brutal rapist/murderer have a re-sentencing.

Who do you think Scott will be trying to appoint should the openings come...you bettcha ass he will be one of them.

Anonymous said...

@10:59-- does that qualify in calling "the shumie?"

Ref--- i need to call shumie time. overworked, tired and need me some loving time with my gal.

Anonymous said...

GABE : please post ASAP so people may atttend

Gabe’s Funeral Service/Burial. The funeral services will begin today from 6 p.m. to 11 p.m., and again tomorrow from 10 a.m. to 2 p.m., and the burial will be at 2:30 p.m. at Our Lady of Mercy Cemetery, located at 11411 NW 25th Street, Doral, FL 33172.

Anonymous said...

If he's old enough to know killing and raping is wrong, then he's old enough to suffer the punishment. Some people are just diseased and need to be put down. He's lucky to be alive.

Anonymous said...

I saw Jimmy Hoffa-- the man has a message for you---big fan of this blog Rump. Can he guest blog?

Anonymous said...

Girls Code Book ™ ‏@GirlsCodeBook
Never ever judge anyone. You don't know their story and what's really going on. A smile can hide so much.

Man and a picture can misrepresent so f;ing much.

Anonymous said...

The @GirlsCodeBook also references Taylor Swift songs. Not much wisdom going on there.