After finding Alex Michaels in contempt, Judge Miranda denied a request to allow him to post a bond pending appeal. This is most disturbing. The sentence was two days jail. Without bond pending appeal there would be no way for Mr. Michaels to seek review of the conviction for contempt without having already served the penalty. The judge's decision indicates that perhaps her emotions were involved, and that she was not impartially dispensing justice, but was angry and seeking to punish without regard to the rules, which are fairly clear:
(a) When Authorized. All persons who have been adjudicated guilty of the commission of any offense, not capital, may be released, pending review of the conviction, at the discretion of either the trial or appellate court, applying the principles enunciated in Younghans v. State, 90 So.2d 308 (Fla.1956), provided that no person may be admitted to bail on appeal from a conviction of a felony unless the defendant establishes that the appeal is taken in good faith, on grounds fairly debatable, and not frivolous. However, in no case shall bail be granted if such person has previously been convicted of a felony, the commission of which occurred prior to the commission of the subsequent felony, and the person's civil rights have not been restored or if other felony charges are pending against the person and probable cause has been found that the person has committed the felony or felonies at the time the request for bail is made.
FL Rule Crim Proc. 3.691
FL Rule Crim Proc. 3.691
The 3rd DCA promptly ordered Mr. Michaels released when the petition was faxed to them Friday afternoon. Judge Miranda was simply wrong and her failure to allow Mr. Michaels to seek review of her order casts doubt on her impartiality and her decision in this matter.
Judge Miranda held a contempt hearing today for Alex Michaels. Nothing worth reporting about- sort of "dog bites man" story. In what week is Alex not in a contempt hearing?
But this afternoon, Judge Miranda sentenced Alex (he has a fake twitter account which is gaining cult status @draculawyer) to TWO DAYS DCJ!!!!
No idea yet what the allegations were, and whether Alex is out on appeal. Will update as we learn more.
Follow @Davidovalle305 of the Herald for the up to the minute theater.
UPDATE 1: Alex spent the week mumbling curse words under his breath allegedly about the judge and/or prosecutor. Not wise.
UPDATE 2: 3rd DCA orders Alex released pending appeal. Alex happy Rudy Sorondo has retired. Who can forget the opinion in Quinones v. State, when everyone learned what "contumacious" means:
During the course of what should have been a simple case, defense counsel achieved unprecedented levels of attorney misconduct. Indeed, it is arguable that his intent was not to try the case at all but, rather, to sabotage it. Counsel's misconduct is best addressed as presented by the state in its motion for mistrial: first, repeated disobedience of the trial court's orders, and second, the suppression of physical evidence. His misbehavior unquestionably had a significant impact on the jury.
Defense counsel's disregard for the court's orders was not only unethical but contumacious. During the course of the trial, defense counsel directly and repeatedly ignored the court's ruling that no mention was to be made of the fact that the victim was incarcerated...
But one bad omen on the horizon: Judge Rothenberg, who has held Alex in contempt when she was a circuit court judge, is on the 3rd DCA. Uhho.
UPDATE 3: David Ovalle has a portable putting green.
Four letter word for golf nut: nerd