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, March 26, 2013

LOVE, MARRIAGE AND BONDS PART II

WSVN-TV -



There's something about Judge Rodriguez-Chomat and the elan he brings to bond hearings. Troubled defendants seem to find him like a down and out lawyer and a bondsman, or a Judge and a free lunch.

And we thought this was going to be a quiet week in court. But then "Roddy-Cho" drew bond hearings.

See You In Court. 

12 comments:

Anonymous said...

Roddy-Cho! Way to go! Rockin those bond hearings doncha know?

Anonymous said...

Bet some t.v. court program offers him a spot when he leaves the bench.

CAPTAIN said...



THE CAPTAIN REPORTS:

HOLY NINO ......

Did none other than Antonin "Nino" Scalia just author a 5-4 decision in a 4th Amendment Search & Seizure case, writing a majority opinion that sides with the criminal defendant?

Why Yes, he did.

http://www.supremecourt.gov/opinions/12pdf/11-564_jifl.pdf

Police took a drug-sniffing dog to Jardines’ front porch, where the dog gave a positive alert for narcotics. Based on the alert, the officers obtained a warrant for a search, which revealed marijuana plants;Jardines was charged with trafficking in cannabis. The Supreme Court of Florida approved the trial court’s decision to suppress theevidence, holding that the officers had engaged in a Fourth Amendment search unsupported by probable cause.

JUSTICE SCALIA delivered the opinion of the Court.

We consider whether using a drug-sniffing dog on ahomeowner’s porch to investigate the contents of thehome is a “search” within the meaning of the FourthAmendment.

...........

The government’s use of trained police dogs to inves-tigate the home and its immediate surroundings is a“search” within the meaning of the Fourth Amendment. The judgment of the Supreme Court of Florida is thereforeaffirmed.

HT: JF

Cap Out ....

CAPTAIN said...



THE CAPTAIN REPORTS:

AND, your new County Court Judge is .....

to be named this week by Gov. Scott.

To refresh your memory, Judge Hendon's seat needs to be filled and the finalists are:

Robert Coppel
Jason Dimitris
Michelle Delancy
Steven Lieberman
Jonathan Meltz
Sandra Miller-Batiste

We expect to hear from Gov. Scott in the next 48 hours with his decision. I still believe that Mr. Dimitris has the inside shot.

Cap Out ....

Baba boey said...

Is that Steve Liederman from Howard 100 news?

Anonymous said...

He's Ro-Cho to those who love him!

Anonymous said...

Congrats to the PDs who worked on the dog sniff case.

A job very well done, from an appeals dept down a lawyer.

CAPTAIN said...



THE CAPTAIN REPORTS:

IT ALL STARTS IN THE PITS ...

I don't know if Rumpole will post on the front page about the Supreme Court opinion, but if he does, he needs to start by recognizing, as many of us know, that it all starts in the "pits".

Joelis Jardines was arrested in December of 2006 and charged with Trafficking of Marijuana. He was lucky enough to get appointed a fine and dedicated young PD by the name of BRETT STEINBERG.

Brett had been an attorney for less than two years when he filed his Motion to Suppress and argued it, successfully, before Judge William Thomas. That took place in early 2007.

In 2008, Mr. Jardines was again blessed, when, after the State filed their notice of Appeal of Thomas' decision, the PD assigned veteran Appellate Attorney Howard Blumberg to the appeal.

Unlike Steinberg, Howard Blumberg had been an attorney for 30 years. But just like Steinberg, Blumberg fought this case like he has every other case he has handled for the past 30 years.

Blumberg lost in the 3rd DCA in 2008 when Judge Wells was joined by Judges’ Salter & Cope in a 3-0 decision reversing Judge Thomas.

Blumberg appealed the decision to the Florida Supreme Court. Three years later, after briefs were filed and arguments were made, Blumberg finally prevailed. The Florida Supreme Court, in a 5-2 decision, overturned the 3rd DCA and ruled that a "search" had taken place. The opinion was written by Justice Perry and joined by Justices’ Quince, Lewis, Pariente, & Labarga. Justice Polston wrote a Dissent in which Justice Canady joined.

Blumberg was back at it when the State filed their appeal before the SCOTUS. He continued the fight, filed his briefs, argued the appeal before the high court, and today, seven long years after Mr. Jardines home was searched, and six years after a young, two year APD named Brett Steinberg had successfully argued the Motion To Suppress, none other than Justice Scalia wrote a 5-4 opinion that upheld Judge William Thomas' original decision.

Congrats to the lawyers & staff of the Miami-Dade Public Defender's Office for a job well done.

CAPTAIN OUT .....
captain4justice@gmail.com

Anonymous said...

The Dade County P.D. Appeals Division has done quite well in the U.S. Supreme Court during a tough period for criminal defense attorneys. Just a few years ago, Harvey Seipler won a unanimous decision in J.L. v. Florida, the anonymous tip case. This one was another big case for us criminal defense attorneys and opens the door to put some limits on the "knock and talk" tactics of our local police.

Anonymous said...

Rody-cho is just a big ol'cuddle bear. He's a cutie pie.

Anonymous said...

Rodriguez Chomat is quickly becoming a South Florida celebrity. He is in bond court a lot lately. Is he competing with Hurley in Broward??

Anonymous said...

Rody-Cho is a super nice judge, but not a pushover, unlike Jeri Cohen who thinks they abolished the US Constitution and appointed herself dictator, family counselor and know it all. Why did she agree to do Drug Court? Is she taking out her personal problems on staff and defendants & defendants' families?