Tuesday, January 22, 2013


Welcome back from your long weekend. Next up: President's weekend in February. 

Closing arguments today before Judge Tinkler-Mendez in the trial over the disappearance of young Rilya Wilson. 
David Ovalle will be covering the arguments of both sides, word for word, on twitter. @davidovalle305. 

We posted the answers to yesterday's presidential trivia on yesterday's post. 

Can you name one international terrorist that has ever been indicted for violating the 1993 International chemical weapons convention?  Not even Saddam Hussein, who gassed tens of thousands of his citizens was indicted for such a crime. But Carol Anne Bond, who poisoned her co-worker because she suspected she was pregnant via Bond's husband was. And now the US Supreme Court has accepted the case for the second time to clear the air, as it were, on the extent to which a treaty can be implemented by congress.  Used to be a good poisoning just got you a state murder rap. 

David Ovalle reports on the kerfuffle over QEEG. The State Attorney calls it "junk science". Judge Scola called it admissible. The US Army uses it, but Judges Thomas and Firtel do not. 

Short week. See You In Court. 


Milt Hirsch the Play said...

SCENE: Chambers of Mr. Justice Milton Hirsch. 5:45 am. Monday morning.

MJMH MONEYPENNEY! GET IN HERE. I need a copy of the 9th federalist paper, a copy of James Cox's acceptance speech to the 1920 Democratic National Convention, and my copy of the Iliad and the Odyssey -the one in Greek.

MP: Cox was who again?
MJMH: James Cox. Democratic nominee in 1920. Lost to Warren Harding. I have to sentence that defendant for felony DWLS.

MP. I know. We're all very excited.

MJMH Just stop with the sarcasm and do your job. How does this sound? "In sentencing the defendant I am reminded of the great Chicago Cub Ernie Banks who often said lets play two. Such enthusiasm while appropriate on the field of competitive sports, has no place among prolific traffic offenders in our society who ignore the laws, and like Mr. Banks in a different context, seem to say 'I'll drive you too.' For as the great Philosopher and playwright Aristophanes once wrote in the play the Birds...."

Anonymous said...

thomas needs to go

Rumpole said...

He is. Right down town to bigger chambers in Federal Court. The senate has scheduled votes in February I believe. He will be fine before March.

Anonymous said...

Heard interesting theory last night that Blecher is the Captain.

Anonymous said...

Love Milt Hirsch the play. Can't wait until the next installment. Would buy tickets right now. I can see Paul Giamatti or Richard Schiff as The Milt and Dame Judith Anderson or Allison Janey as MoneyPenny.
Maybe Sly Stallone as the bailiff and Gwen Stefani as the oversexed ct reporter.

Rumpole said...

On and off planes all day since six thirty am. Still no end in sight. I'm ready to get on a Dreamliner and end it all.

Eye on Eiglarsh said...

Captain is Mark Eiglarsh, outed and admitted in this blog months ago.

old guy said...

The U.S. Army uses lard as a condiment, and spent years of my youth trying to get me to kill brown men in Asia - for a reason that I still cannot fathom [something about Dominoes].

Suddenly Rumpole decides to cite them as some sort of proof to support a scientific theory.

Rump - you need a long vacation in foreign climes. I think I could still find a hill that has parts of my First Sergeant. Maybe he can give you some insight into the U.S. Army.

Rumpole said...

I guess the operative phrase is "guten morgen". Now for a starbucks.....

Anonymous said...


If you happen to be in the Fatherland, do not under any circumstances stop in a small village named Lickenziedicken.

Anonymous said...

Mark is too good/cool for this blog. He's CNN material, not JBB.

CAPTAIN said...


Judge Milt Hirsch & the Robaina case ..... (Miami Herald)

A Miami-Dade judge ruled Wednesday he will not throw out Miami-Dade County’s ordinance governing the collection of absentee ballots.

Circuit Judge Milton Hirsch said Sergio Robaina, who is accused of illegally collecting absentee ballots for elderly voters, cannot claim his constitutional rights were violated because of the 2011 ordinance outlawing possession of more than two absentee ballots.

The reason: Those voters whose ballots Robaina collected would have to be the ones to go to court.

“Sergio Robaina cannot demand their rights to vote,” Hirsch wrote in a 15-page order released Wednesday. “Sergio Robaina cannot assert their rights to vote.”

Prosecutors say Robaina illegally collected the absentee ballots, and filled out two against the wishes of two voters, one of them a woman with dementia. Robaina has long insisted he was just helping elderly citizens who could not deliver their absentee ballots themselves.

Read more here: http://www.miamiherald.com/2013/01/23/3196280/judge-to-rule-on-miami-dade-absentee.html#emlnl=News_Alert#storylink=cpy


CAPTAIN said...


Milt is the "smartest judge in the building" ..... so says Robaina co-counsel Tom Cobitz.

Hey Tom - how do you think the other Judges will feel when you appear in front of them with other future clients?


Courtroom of Judge Dennis Murphy:

Cobitz: Judge Murphy, Tom Cobitz for the Defense. We have filed a Motion to Suppress in this drug possession case.

Murphy: Mr. Cobitz, are you sure you want ME to rule on your Motion? You know, I am not the "smartest judge" in this building. Do you think I am capable of handling the task?

Here is the quote from the Herald article:

Defense lawyer Thomas Cobitz said his client will consider an appeal of Hirsch’s ruling because it honed in on Robaina not having standing to make his claim.

“Obviously, we’re not happy with the outcome,” Cobitz said after Wednesday’s brief court hearing.

“Obviously, he’s the smartest judge in the building, but at first blush, it looks like he ruled on a small issue.”

Cap Out .....

Anonymous said...

What stupid thing to say. And it is far from correct, also. We all make mistakes. Tom is a nice guy.

Anonymous said...

Sie sind nicht in Deutschland.

"Unabridged American Minority" said...

Yeah now it's junk science when the state opposes it but the lab is in the "Police Head Quarters and there is now authoritative guidelines set in stone.

Moving right along, to all who said that somehow I was over responsive to dog whistle that asshole roberts laid forth Sunday. How about this the Marine Band spokeswoman says Beyonce was lip singing and furthermore that she felt Kelly Clarkson was not and in her opinion Clarkson hit the notes well. lol BTDT if you don't see the undertone in that then you are either in denial or past redemption. How petty can white folks be you guys have shown your asses for four years. Peradventure this: A black man yelling out in a joint session of congress (Joe Wilson), right he would have been admonished by the speaker and escorted out by the sgt. of arms correct, rose garden incident again had a person of minority ethnicity committed this farce he would have been fully reproached and deemed to be totally inappropriate and you all know it(.)
You all know the b.s. needs to stop and as long as it continues I shall point it out.


Anonymous said...

Rump expects us to believe he's in Frankfurt? Puh-leeze! He tweeted at 3:22. Germany is six hours ahead.

Shouldn't an old timer like you be in bed?

Gute Nacht!!

Anonymous said...

Congrats to Carlos J. Martinez who won the "Ethics and Public Serivce Lawyers in Leadership" Award from the University of Miami, as recently published in The Florida Bar News. According to the PDO's website, since taking the helm in 2008, Carlos J. Martinez has won 15 different awards. Coincidentally, over that same time span, the PD's office has won 0 awards. I wonder who he's really looking out for?

Anonymous said...

Tom only gets cases that are assigned to him off the wheel. He only survives based upon taxpayer money and being a traffic hearing officer. What does he know about who the smartest judge is? Just kissing ass if you ask me

Anonymous said...

this lawyer for nevin shapiro is in big trouble in this town... helping the ncaa to destroy the u? wow

Anonymous said...

The PDs office is too busy winning trials to be focused on Carlos' trophy cabinet.

Eye on Mr. CJ Hirsch said...

Great words by The Right Honourable His Eminently Majestic Excellency Mr. Chief Justice Milton Hirsch in his learned treatise-like opinion in State v. Robaina: assevers, jus tertii, obloquy, diacritically, malversation, putatively infracted.

And thanks to his opinion we learned that Dr. Hippocrates was from Cos.

Good job, Mr. CJ!

Mr. Chief Justice Milton Hirsch said...

Tom Cobitz would have prevailed in his motion had he abundantly quoted from the various plays of The Bard and integrated such quotes with his legal arguments in a scholarly fashion.

His attempt at proctosculation by calling me "the smartest judge in the building" must necessarily fail as untrue for the very simple and exacting reason that I am the smartest judge in the world.

Anonymous said...

548.........Tom Cobitz is a good guy who never hurt anyone. Pretty pathetic that you felt the need to attack him like that.


Anonymous said...

LOL. I love the guy who pretends to be AM/UAM.


Anonymous said...

Here is an idea Rump, why not get UAM/AM to guest blog?