FREE ALEX MICHAELS UPDATE:
The 3rd DCA was a bit busier yesterday than we realized. This is their latest order:
That portion of this Court's order dated May 17, 2013, which grants the petition for habeas corpus, is vacated as improvidently entered. However, the stay shall remain in force and effect pending further order of this Court. The cause is remanded to the trial court for a determination whether to require the posting of a supersedeas bond. This Court retains jurisdiction over the matter which is treated as a petition for writ of habeas corpus. The petitioner is hereby ordered to file all relevant transcripts, including the evidentiary hearing and the violation of probation hearing within ten (10) days of the date of this order. The petitioner is hereby ordered to file an amended petition setting forth any and all legal arguments going to the challenge of the conviction and sentence within five (5) days of the date of the filing the ordered transcripts. The State of Florida is ordered to file a response to the amended petition within ten (10) days thereafter. Further, a reply may be filed five (5) days thereafter. No extensions of time will be granted. This cause is hereby set for oral argument on TUESDAY, JULY 2, 2013, at 10:30 o'clock A.M. with ten (10) minutes allowed each side for presentation of oral argument. WELLS, C.J. and SHEPHERD and LAGOA, JJ., concur.
Currently the courtroom for the oral argument is sold out. However, we might be able to get our hands on two, lower level, on the aisle. $350/a seat. Send us an email if you're interested.
So we're a couple of months into the Judge Soto administration as chief judge of the 11th Judicial Circuit. Anybody notice any changes?
3rd DCA PCA PARTY!
A brief check of the 3rd DCA opinions issued today shows twenty eight (28!!!) PCA's of criminal cases. There was one written opinion in which the conviction was affirmed in all respects except a remand to correct a sentencing error as "to a nonexistent statutory section." That's how bad it's gotten folks: even nonexistent criminal convictions are getting affirmed.
Twenty eight PCAs. None of these defendants were entitled to even the slightest of opinions? A few words here; an apodictic there? Appellate lawyers know that the practical effect of a PCA is that there can be no appeal to the Florida Supreme Court. So what's going on here? Nobody is filing meritorious appeals worthy of even brief discussion, or....are our 3rd DCA judges making some tactical decisions about their legal decision?
We heard you:
Over the last few weekends readers complained about the anonymous posts by various (?) individuals bragging about their sexual exploits. The general tenor of the comments were that that attorneys, usually older men, were having liaisons and assignations with employees, or interns or attorneys, usually younger women. We heard your complaints and will no longer post such comments absent exceptional circumstances. Thanks for reading.
See You In Court.