Monday, December 31, 2012


FORMER FLORIDA SUPREME COURT JUSTICE BEN OVERTON HAS DIED. The former justice, who was the first justice appointed under the new merit appointment system instituted by governor Ruben Askew in 1974 oversaw a court in turmoil from politics and scandals. Overton was a steadying influence on the court, becoming it's chief judge in 1978. Justice Overton retired from the court in 1999. 

FISCAL CLIFF UPDATE: The senate has a deal but the house is not expected back into session on New Years Eve which means that we're going over the cliff! Hang on everyone......

The last day of 2012 is a Monday. The REGJB is open for business, but we seriously doubt anyone will be picking a jury. 
Court will be closed Tuesday- New Years's day, and then open again for business on Wednesday, as  fresh faced prosecutors and new minted judges try to make good on their New Year's resolutions to try more cases, make less plea offers and get tough on crime. January is never a good month to be a defendant in court. 

Today is the 365th day of the year. There is  less than 24 hours until we fall off the fiscal cliff. The practical result for our readers is that ASAs, PDs, clerks, and even Judges will see their paychecks shrink a bit as the Bush era tax cuts and payroll tax cuts expire. Some of the state employees can ill afford to lose a dime of pay. What better example of Washington being broken then Congress, the Senate, and the President all unable to lead on this issue. 

To give you some perspective on the new year: there's 184 days until the 4th of July; 124 days until Cinco de Mayo; 147 days until the Memorial day long weekend;  331 days until Thanksgiving and 358 days until Christmas 2013.  
Enjoy your new year. 

For long time Miamians, Saturday marked the 40th anniversary of the December 29, 1972 plane crash of an Eastern Airlines flight 401 into the Everglades.  75 passengers survived that crash while 101 died. The crash, for many Miamians brought the hazards of air travel in the jet age home to them for the first time. The Herald covered the anniversary here. 

Lets end the year on a good note. Change is the price of survival. Go to the comments section and post one thing you would like to see changed about this blog. We'll post the comments that are serious and constructive. As much as this is our blog, we write it for you. 

Happy New Year from the Justice Building Blog. 
See You In Court. 


Anonymous said...

I'd like to see more trial tips from the old timers to the new lawyers trying their first few cases.

"Unabridged American Minority" said...


May the new year be more fruitful and progressive for you, than it was this year.

Preeminently, I would like to see more post and discussion on the more intricate aspects of the law, i.e., such as interlocutory workings, complex litigation, voir dire, real courtroom experiences, amendments to jury instructions etc., and less approving of the incendiary and bromidic comments posted by the lesser inclined, who frequent the blog.


Anonymous said...

Like the blog.
Hate the fish.

Anonymous said...

Isn't today the 366th day of the year this year?

Rumpole said...

The fish?????? Oh no.

Fake Clemenza said...

Keep the fish....take the canolis.

Fake AM said...

I'm announcing ready and I want a jury.

RFB said...

I want back on the blog.

Fake Tannebaum said...

Me too

Fake DS said...

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CAPTAIN said...


Rumpole, I'm shocked. I seriously thought that three mistakes annually was it for you.

2012 was a leap year, so today is the 366th day of the year.

It's 111 days until the HEAT begin the PLAYOFFS and their quest to repeat as NBA Champions.

Happy New Year.

Cap Out ....

Anonymous said...

Hillary Clinton Hospitalized. Much love Rump. All the best Rump. Much love much love.

Anonymous said...

More Angry Girl.

DS said...

Fake DS
THanK yUo vary mOCh

Eye On The Q said...

The Q's podcast "Going over the fiscal cliff for fun and profit" is being downloaded like hotcakes.

(Is that even a phrase?)

Anonymous said...

A.M. pay for law school like the rest of us.

"Unabridged American Minority" said...

More like CLE, make sure yours are up to par or "Bambi" will out you in trial.

"Unabridged American Minority" said...

(StarNews) Gov. Perdue’s statement on the pardoning of the Wilmington 10 : "Gov. Bev Perdue on Monday signed pardons of innocence for each member of the Wilmington 10 and issued the following statement:

“I have spent a great deal of time over the past seven months reviewing the pardon of innocence requests of the persons collectively known as the Wilmington Ten. This topic evokes strong opinions from many North Carolinians as it hearkens back to a very difficult time in our state’s past, a period of racial tensions and violence that represents a dark chapter in North Carolina’s history. These cases generate a great deal of emotion from people who lived through these traumatic events.

In evaluating these petitions for clemency, it is important to separate fact from rumor and innuendo. I have decided to grant these pardons because the more facts I have learned about the Wilmington Ten, the more appalled I have become about the manner in which their convictions were obtained.

In 1980, a federal appeals court overturned the convictions in a written decision that highlighted the gross improprieties that occurred during the trial. The federal court determined as a matter of law that numerous instances of prosecutorial misconduct and other constitutional violations took place. Among other things, the court ruled that with regard to the testimony of the prosecution’s key witness – upon whose credibility the case depended entirely — “the conclusion is inescapable that [he] perjured himself” and that “this fact was bound to be known to the prosecutor . . .” The court also declared that it was undisputed that key documents had repeatedly been withheld from defense lawyers. It also found numerous errors by the trial judge that had the effect of unconstitutionally prejudicing the defendants’ ability to receive a fair trial.

Since the trial ended, the prosecution’s key witness and two supporting witnesses all independently recanted their testimony incriminating the defendants. Furthermore, last month, new evidence was made available to me in the form of handwritten notes from the prosecutor who picked the jury at trial. These notes show with disturbing clarity the dominant role that racism played in jury selection. The notes reveal that certain white jurors believed to be Ku Klux Klan members were described by the prosecutor as “good” and that at least one African American juror was noted to be an “Uncle Tom type.”

This conduct is disgraceful. It is utterly incompatible with basic notions of fairness and with every ideal that North Carolina holds dear. The legitimacy of our criminal justice system hinges on it operating in a fair and equitable manner with justice being dispensed based on innocence or guilt – not based on race or other forms of prejudice. That did not happen here. Instead, these convictions were tainted by naked racism and represent an ugly stain on North Carolina’s criminal justice system that cannot be allowed to stand any longer.

Justice demands that this stain finally be removed. The process in which this case was tried was fundamentally flawed. Therefore, as Governor, I am issuing these pardons of innocence to right this longstanding wrong.”"

"Unabridged American Minority" said...

This is more like a gossip and hate blog as it stands. I hope rump screens and partially filter the comments and encourage "Law discussion". Because truth is a lot of so called attorneys are not up to speed on the more intricate aspects and some judges I have personally seen caught off guard. So I know for a god damn fact they do no more than gossip about cases and are not sharp on the case law and (amended) jury instructions.


Go to hell.

Anonymous said...

After a year of bashing everyone who disagrees with him, AM asks for less "incendiary and bromidic comments posted the the lesser inclined who frequent the blog." That's rich.

LMFAO. This guy needs a TV show.


Fake Fake Kenny W. said...

My New Year's Eve celebration is so exclusive even Sharif Malnik isn't invited. And neither are you.

Rumpole said...

You want to see a hate and gossip blog? Read the comments on the JAAB broward blog. Accusing people of sexual indiscretions and vicious comments on how people look and their private lives are common occurrences.

I have said I have drawn a bright line in which there is little room for editorial discretion. I do not decide on comments based on their content OTHER than not publishing comments that are about a person's private life or is a plain ad hominem attack.Other than that, the blog goes where it goes.

Blog Referee said...

There is no such thing as a "Fake fake". There are fakes-which is a distinct honor, and a "real fake" which is a singularly distinct and rare honor.

Kindly act accordingly.

Poindexter said...

The Captain is a fool once again. The occurrence of the vernal equinox and the simultaneous autumnal equinox during the leap month makes today the 365th day of the year. DUH.

Anonymous said...

One of the best thing about the blog is comment moderation. Can't imagine some of the trash that Rumpole has decided not to post.

"Unabridged American Minority" said...


Your blog is not that far from JAABlog in the aspect of personal insults, so in light of your solicitation of recommendations in and for the sake of "change", seriously I am recommending more topic posts encouraging pragmatic discussions regarding the law.

Those discussions come far and few in between, a while back you had an enlightening, intricate discussion on voir dire worth printing and researching obscure aspects. While we all here think we are Einstein, experience combined with book smarts is the best teacher. Understanding this is also the water cooler, it is what it is. This is just my recommendation. Rump when I see you posting on Roy's blog, take notice he hardly ever discussions or much less approves asinine comments.

Now don't get me wrong your blog is unique and unconventional, however less of the bullshitting which is entertaining as reality t.v. but fixes zilch.

Again, Happy New Year and keep up the good work.

P.S. what do you think of Gov. Perdue's letter on the pardoning of the Wilmington 10 that would make for a great post on tomorrow.


Anonymous said...

Let's remove 8 zeroes and think of the Federal fiscal situation like a family budget:

Annual family income:
Annual family exspenditures:
New debt on the credit card:
Oustanding balance on the credit card:
Total budget cuts:

Congratulations, Mr. President. Enjoy Hawaii.