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

Saturday, December 01, 2012

HOW TO STEAL AN IPHONE



OK legal eagles, or legal beagles, here's the actus reus:

Query: Is is a strong arm robbery or a theft? 

PARKING FOR JURORS: Miami Dade does it again! We are the only county that charge jurors for parking. Because we're different; and special. To our shame, even Broward doesn't charge jurors for parking. The Channel 10 story is here.

NEW JUDGES: As the Captain (c 2012) reported yesterday in the comments section, Judge Eric Hendon was elevated by Governor Rick Scott (motto: "you're all back to work, right?) from the county court to the circuit court, and Carlos Guzman and Betty Capote were appointed to the county court. 


JUDGE MAPP'S FUNERAL:
Judge Mapp's grand daughter graciously wrote in and we posted the details of his funeral on the prior post if you care to attend. 

COMING MONDAY: The "I'm sorry, I've suffered enough" defense works in federal court for a surprising pair of litigants. 



e/e/iph/sub/r/12093


37 comments:

FIRST said...

Gosh, I'm first on a Saturday! I....I don't now where to begin. I guess I'd like to thank my mom and dad, and my girlfriend, who doesn't mind that I get up early, and my seventh grade english teacher, Mrs. Morrison, who always told me I could write, and well... I guess...umm..you know...uh...well I think its a strong arm because it was taken against her will...so unnh, one vote for strong arm I guess, you know.

Fake Leslie Rothenberg said...

It's clearly an attempted murder and subject to several enhancements.

Fake DS said...

&365ncjdl, shkduls. ensbva-, )983hsh8, shqln2,wosnc , bkkdiulap? sjdjfhbv xbcbkpo ah25 wyhe 2ana;;j, hanltht!
ecuse da spelin

Anonymous said...

That's robbery by sudden snatching (F.S. 812.131). Lots of juveniles get charged with this crime when they steal a cell phone or a purse just like the guy in the video.

Fake American Minority said...

DS, you always with your &365ncjdl, shkduls. ensbva-, )983hsh8, shqln2,wosnc , bkkdiulap? sjdjfhbv xbcbkpo ah25 wyhe 2ana;;j, hanltht!

Learn to spell, dude!

Anonymous said...

Robbery by Sudden Snatching in Florida. Come on Rump!!

Anonymous said...

robbery by sudden snatch. In Broward, armed robbery with a deadly weapon and discharge.

DS said...

Fake DS
Thank yop [ sic ] for the complimento of existing,
but flg;hh jj';ydt765 cgfshfshee
DS

Anonymous said...

Sudden snatch

Rumpole said...

This is a blog frequented by defense attorneys. Is no one going to advance an argument against robbery, or is everyone just going to plead guilty? Sheesh.

Anonymous said...

Okay rump make your ridiculous theft argument that you think makes you a great lawyer.

Rumpole said...

I am not saying it is just theft, I am just wondering if anyone could make the argument. Robbery is shooting fish in a barrel with this video.

Rumpole said...

But either way, I am indeed a great lawyer. Superb, really.

Anonymous said...

robbery

Anonymous said...

Rumpole, in Florida, the conduct seen in the video constitutes the crime of robbery by sudden snatching. It is defined as such in the statute (812.131).

Now, if you want to call that crime something else, go ahead and make the argument yourself, or better yet, run for the legislature and change 812.131 to suit your tastes in thefts and robberies.

Anonymous said...

Here's the argument: She had taken it from him (the theft) and when he realized it, he grabbed it and took off.

Circle K

Anonymous said...

Circle K: Would you advance that claim to the Felony Screening Unit, or save it for the jury?

Anonymous said...

I can report a slightly better weekend with my cat, although he still annoys me.

Anonymous said...

how does the first person on this page know that they are going to be first?
They are obviously from Highland Oaks Middle school where Ms Morrison teaches English....

Anonymous said...

OK, I'll bite. The statute requires that "in the course of the taking, the victim was or became aware of the taking." I'll present expert testimony that human reaction time is so slow that the victim actually became "aware" (in the context of what we consider "aware" to be) AFTER the taking, and not during. After all, how common is it to hear people say "It was over before I knew what happened!!" Well, if a taking is over before you know what happened, it's not a robbery by sudden snatching.

Bash me, folks. At least it's an argument.

Rumpole said...

very nice. You gave it a shot.

Fake Jay White said...

So excited about Monday's blog, I can't sleep. Meanwhile, Let's go Dolphins! Fins Up! We're doing Boston Clam Chowder, slow roasted pork belly sandwiches with chicarones as sides along with organic corn slaw, and raspberry/dark chocolate tortes. Come by the tail gate and pop a cold beer with us.

Anonymous said...

Section 812.131 (3)(b) says:
 An act shall be deemed “in the course of the taking” if the act occurs prior to, contemporaneous with, or subsequent to the taking of the property and if such act and the act of taking constitute a continuous series of acts or events.

Very nice,indeed.

DS said...

Its a theft but could be a sudden snatch , but it aint Strong Arm Robbery

DS said...

1017
My kid goes to HOM & never hear of Ms Morrison.

we eatin now said...

You guys are snobby chumps. We at orange 200 have deep dish pizza "grill baked", cheesy baked potato soup in bread bowls, and eggplant & cauliflower fried croquets. Post game chocolate fountain rules.

Fake Kenny said...

I like the food in the luxury box: foie gras burgers, toro tuna sushi, prime filet kabobs, fried lobster tidbits, mimosas, and most of all- the general public cannot get in.

Anonymous said...

I'd like to stand by the door of the luxury box and snatch the foie gras burger (wtf is that anyway) out of your snobby-ass hand and dump a glass of mimosa on your head.
Just saying

Dr WHo said...

Once you go into a spread or single back formation, things change. The slot receiver becomes "R" You can also have Y (tight end in a pro set) become the slot. When the dolphins do this, as they did on the first pass play today- which was-
Spread right, Z zoom, 821 H-swing- Spread right is the allignment, Z zoom is the motion, 821 are the pass routes in the order of "XYZ." So X runs an 8, Y runs a 2, and Z runs a 1. H-swing tells you what the H man runs (the runningback or often the "H" back in two tight end sets) out of the backfield.
Put the Patriots countered by rolling the safeties up and having the Corners jam the H and the X with an inside zone on the Y and Z, and thus, you have-rightfully so- an incomplete pass.

Bad play calling by the fins. Again.

Anonymous said...

As I sit here on my balcony overlooking the Gulf of on Mexico in my rented condo on Anna Maria island, FL, I reminisce about my wedding 25 years ago today at the REGJB. Judge Morphonios married me and my lovely wife Robin in her chambers. She was a court reporter and we met in the parking lot. Witnesses were my then boss, Bennett Brummer and Dr. Leonard Haber. And, yes, we are happy living in central Florida. Roy Gonzalez

DS said...

Roy
If this is the REAL ROY Gonzalez, Where was the Toothpaste, LOL
D. Sisselman
PS Congrats on the 25th Mr Hawaiian shirt

Anonymous said...

Two fatal shootings in Miami Gardens over the past 24 hours. A corrections officer standing in his driveway and a business owner trying to stop a robbery.

To American Minority - what is the black community's position on the epidemic of black on black crime? Is the outrage as strong and vocal as it was when George Zimmerman shot Trayvon Martin?

"Unabridged American Minority" said...

Black on Black crime is a travesty and it is counterproductive an disgraceful (.) When I see these perplexes me. However when people like Zimmerman and Michael David Dunn commit hate crimes;do you expect their not do be outrage.

Now let me ask you a question 7:11 pm, why is there not outrage about the disparaging treatment in the judicial system ?

I once watched a morning calender, and this particular judge witheld adj, and when the def. was cauc. or his. referred them to immediately expunge their records and when the def. was Afro American the judge happen not to give them the same directive and they were all FTO's? Tell me that buddy ?

Anonymous said...

7:11 here -

Whether the Zimmerman/Martin shooting was a hate crime or not, it rallied the black community, brought out the black leaders, and garnered a great deal of international attention. However, this was one incident.

Young black men murder other young black men at an alarming rate. 2 in the last 2 days.

I just want to know why the same level of outrage and attention isn't given to black on black crime. And I also wonder what measures are being taken within the black community to stop it. The government won't be able to fix it. This crisis must be solved from within.

"Unabridged American Minority" said...

7:11 Madam/Sir I agree we are working on initiatives to stem black on black crime at the same time we still have to continue to address hate crimes which is just as wrong.

Black on black crime is usually provoked, or in direct cause to personal disputes and other various reasons, which in no way validates the epidemic.

There is also a direct economic and educational relation, teens who are occupied in constructive after school programs are less prone to become delinquent. A major problem is the teenagers who are from a single parent home where the teenagers misuse the abundant idle time they have.

We (community/ white and black) need to allow parents to discipline there children my Mother and Father spared not the rod and they did not spoil the child (myself) My mother and father would say "I will kill you before I let the police kill you." I did pretty good with my upbringing.

With adult crime it is a strong relation to economics where as if you are desperate for money, have a felony record, you result to illicit activity.

Yes there needs to be more outrage over black on black crime 7:11, but you as an fellow American citizen shouldn't feel as though any violent act against another human being should be unacceptable.

7:11 We have a lot of work to do and we must respect each others right to life as well. Let me ask you one last question. Why is it that John Allen Mohamed, Johnny Sims, and the turnpike shooter who all committed heinous acts were said to be "evil." In comparison Jared Loughner, The theater shooter, are said to be "Mentally ill." What is the difference?

Sincerely ~AM~ Thanks for disagreeing civilly with class.

"Unabridged American Minority" said...

7:11 I agree the black on black crime epidemic must be deal with from within. I can tell you this I am a member of NAN, and we are implementing and initiative call occupy our corners. Where we come out and discourage the activity in crime ridden areas at night with off duty officers and other law enforcement of the community.There are many steps that need to be taken when I was a kid at Brentwood summer camp in 90' and we took a deterrent field trip to the dade county jail my godfather was the sergeant at DCJ he has since retired and that image never left my mind the stinch the slamming doors and it captivated me to become interested how to deter others from there but the culture now is counter productive and glorifies the street life.

Anonymous said...

When is the last day for Redbull at the felony div? he belongs in civil court or as a prosecutor....