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. THIS BLOG HAS BEEN CALLED "THE DEFINITIVE BLOG ON MIAMI CRIMINAL LAW" BY THE NY TIMES, THE WASHINGTON POST, THE POPE, AND DONALD TRUMP WHO ALSO ONCE SAID IT WAS "REALLY GREAT". POST YOUR COMMENTS, OR SEND RUMPOLE A PRIVATE EMAIL AT HOWARDROARK21@GMAIL.COM

Friday, October 11, 2013

RUMPOLE ABOUT TOWN

A little Friday trivia to start your happy hour/weekend (where do people go for happy hour these days anyway? We mean since the Marine Bar was closed and the Alibi Lounge was knocked down.)

What 1980's hit movie filmed a sequence of a person being thrown off the balcony of this Coconut Grove Condo? Hint: it wasn't Jaws (which was a 1970 movie anyway.)
 
 

Bond for Juveniles in Life Felony cases:
The Florida Supreme Court has decided in Treacy v. Lamberti,  SC12-647, a case of first impression, that pursuant to the US Supreme Court's decision Graham, since juveniles can no longer be sentenced to life in prison (disappointing the ambitions of prosecutors and judges throughout our state), juveniles are now entitled to bond on charges that would otherwise be non-bondable:

First, we reject the State’s assertion that Treacy may be sentenced to life imprisonment based on prospective legislation creating an opportunity for parole. The security of Constitutional rights, especially those involving individual liberty, is not a matter of legislative grace. Second, we adopt a strict construction of the plain language of the Florida Constitution and determine that because Treacy cannot be sentenced to life imprisonment, he cannot be charged with “an offense punishable by life imprisonment” under current Florida law. Accordingly, we quash the decision of the Fourth District.  

COURTS ARE CLOSED MONDAY FOR COLUMBUS DAY- but we understand that the PDs and SAO and RC are open. That stinks.
Enjoy your fall weekend.




43 comments:

juan gonzalez said...

Burt Reynolds was the star and I think the movie was Stick.

Rumpole said...

Yes as to Burt. No as to name of the movie.

Anonymous said...

sharkys machine -Rachel Ward was hot

Anonymous said...

Sharky's Machine

Rumpole said...

"Nobody leans on Sharky's Machine"

Anonymous said...


"Coconut Grove is a location in the 1985 Burt Reynolds film "Stick". A stunt man falls off hi-rise condo building."

Looks like Juan is correct.

Anonymous said...

It's almost 4 on a long weekend. Screw Sharky's Machine, It's Shumie Time! Hit Monty's- grab a few brews or a pain killer and chill. Nobody leans on Shumie's machine.

Anonymous said...


The Sharkys Machine scene was filmed in Atlanta.

"At 220 feet, the stunt from Atlanta's Hyatt Regency Hotel (doubling for the Westin Peachtree Plaza) still holds up as the highest free-fall stunt ever performed from a building for a commercially-released film. The stuntman was the legendary Dar Robinson. Despite it being a record-setting fall, only the briefest moment of the beginning of the fall is used in the movie. The bulk of the fall from the skyscraper as shown on film is clearly of a dummy.

Anonymous said...

True Lies.
AAAAAANald was the culprit

Anonymous said...

Non-lawyer question please help. What does PCA mean in an appeals case?

Anonymous said...

"Plaintiff can't appeal"
It's only used in civil cases.

Mr. Justice Milton HIrsch said...

Publico Courtas Appellatticus

It's an ancient latin phase used by courts when they indicate that instead of issuing a written opinion they will be issuing an oral opinion from the bench. Tradition is that the oral opinion is usually read the Friday following the date of the publication of the written opinion, which in bygone times gave individuals the time to travel to the seat of the court to hear what the panel had to say.

Rumpole said...

I feel compelled to add that the previous two comments are pulling your leg.

PCA means in layman terms the decision of the lower court is affirmed without a written opinion.

Anonymous said...

New ASA here and after a few months I would like to give my thoughts on the legal community in Miami, viewed admittedly through my narrow lenses:

1. The quality of legal representation is below average compared with the two other major metropolitan cities I have worked in. There is less professionalism and more winging it on behalf of defense lawyers here.

2. Not only are the lawyers less prepared and less professional, they dress horribly. I mean I don't think I've ever seen more $200 dollar suits in one day then on my first Monday at the courthouse.

3. The quality of judging ranges from very bad to decent. Some judges care and try, I see that. Most are politically afraid of their shadow and I see prosecutors bull doze them every day. And I do not see one bit of legal scholarship come from any judge in the Miami criminal courthouse nor do I see any judge with superior academic credentials.

4. The restaurants here are good.

5. The women here are great.

My two cents.

Anonymous said...

Hey young ASA. Some of the men are cute too.

All depends on your preferences.

Anonymous said...

And 5, and 4...in that order explain why this is the greatest place on earth....and you left out the weather, which from about now till February will make everything seem perfect.

Anonymous said...

Spoken like a true clueless pit Asa . You'll be headed back to rural fla in 3 years to work at the 7 lawyer local door law firm as a service partner primarily handling divorce and insurance defense for 200 an hour and attending local chamber of commerce meetings touting your 3 years as an assistant state attorney in miami to trying and drum up business to pay the mortgage on you 1961 split level ranch w the above ground pool. enjoy your time in miami . Buh bye.

Anonymous said...

742 am

When I was a young pubic defender I tried and won lots of cases. And after a Friday night, had there been a blog, I would be sleeping not posting bf 8am.

Anonymous said...

New ASA, Old ASA here. If you're new, you're in County Court. There is no scholarship there. If you had any academic chops of your own, you'd know this. When you get to Circuit Criminal, read the Orders drafted by Judges Hirsch, De La O, and Rebull. There's plenty of scholarship in the building, if you know where to look. Until you look up the "academic credentials" of the judges in REG, stop talking. You're ignorant. Many of them were at the top of their class, Law Review, etc.

Rinse and repeat for the defense lawyers. What do you expect in County Court? But, again, if you want to see true scholarship, check out Bobby Reiff.

Anonymous said...

sharkeys machine was a great great flick.

rump since i know you fancy yourself a pop culture mavin, a few questions

1. what actors played the two bad guy?

2. what was the actor who played the black detective who worked with sharkey?

3. in what movie did sharkeys friend NOsh play a dictator?

Anonymous said...

Who is bobby reef?

Anonymous said...

I am not surprised at the hostility. I a surprised not one person has admitted I have even one right criticism. So let me continue: despite my prior military training- where I come from, lawyers are taught that they are professionals. And as professionals they are expected to dress as professionals. They shine their shoes every day. Next time you walk the halls look down. It's shameful. And all it takes is pride in appearance and ten minutes the night before with a rag and a little shoe polish. The other day I saw a judge in a guyabara and sandals sentence a man to prison. No tie! And sandals!

In my home state at least a quarter of the judiciary comes from an Ivy league school. Many others went to the Unv of Chicago, or Stanford, or NYU or other top law schools. Why? Because being a judge is considered an important job the those who nominate judges seek only the best and the brightest. The judges often write in scholarly reviews, and I see in their chambers that they are reading law review articles. I walked in a chambers in the justice building and saw a judge playing solitaire on her computer. It was sad.

And the quality of defense? 95% of the crim def bar are plea machines. Their fees are ridiculously low They can't go to trial and even if most of my office is ignorant of the economics of that fact, I am not. For the moment that's not a problem. But one day I will see a defendant who will need a good defense and will have a lawyer who will only want to plea. What then?
I write merely to tell you that this town and this legal community, from what I have seen, is well well below par-from the judiciary on down. Take of it what you will.

New ASA

Anonymous said...

Uh , dipshit ? If you're real and not another angry gurl, it's going to take 1 day to find out who the new out of state Asa with military background is and out you .

DS said...

New ASA
As a Native , All my life I have heard how much better it is up North. If that is so..
WHY are YOU here?
Please Go back home

Rumpole said...

I will be honest and tell you I could not answer any of those questions without google.

Anonymous said...

Good luck finding out. I'm not as stupid as you think I am.

As to why I am here: it is a personal matter relating to a family matter. Being here is not my first choice for a career but I will make the best of it.

New ASA.

Really, the hostility should make you all think that my comments are hitting home a bit too close for comfort. I have yet to see anyone refute my observations by, say, pointing to a scholarly article that some criminal court judge has written. I did a little research and the last one I found was written by a judge who is now deceased. And you know I am right about the way you all dress. It's disgraceful.

DS said...

Rumpole,
I am sitting here watching football w/ a beer in my hand , wearing my Hawaiian shirt, crying cause the blog's Mr. Blackwell aka New ASA doesn't like my Macy's suits and outrageous Ties. . .

Anonymous said...

Your name is Smith former JAG. My suits are all custom made as are my shoes. Judges here run for election and are elected mostly based on the ethnicity of their name or their photo. The best and the brightest here make way too much money to want to be a judge. The clubs are great, the women are hotter than anywhere else the weather is Devine . When you get out of baby court you will find that you are up against the best defense trial bar in the country. The juries are not exactly state oriented, half the cops are former gang members, the other half under investigation. You will be lucky indeed if you have a 50% conviction rate. We like it here just fine the way it is , if you don't there are lots of civil firms looking for guys like you.

Anonymous said...

Not close to home . You just have a small flaccid member.

I practice all over the country . We have the best trial judges , defense attorneys who try cases , and prosecutors .

Anonymous said...

henry silva and vittorio gassman

bernie casey

richard libertini played the dictator in "the in-laws" g

Kissimmee Kid said...

My seven lawyer firm is the best group of men and women I've ever known; true friends all of them. My divorce practice is meaningful. I help people in difficult times. Two hundred an hour goes a long way here in rural Florida. My 1961 split level ranch, is on a real ranch. I made as much on my cattle as I did from the firm ($200 x 2000 ÷ 2 = nice). Over the years I picked up some rental property which adds cash; and a condo in Melbourne Beach.
I drive to work on empty roads, park at the office and walk to the courthouse. The kids went to good schools and now are in great colleges. The wife is heavy into league tennis and is thin, tan, and still hot. The firm has ‘Gator tickets and a box at the Magic games. Orlando International is 45 minutes away and weekends in New York beckon (a real city, not like that craphole to the south). My partner, Amy, has a bad hip, so we moved the annual firm retreat from Jackson Hole in the winter to Riomaggiore in August.
The Judges are thoughtful and polite; a fellow lawyer’s word is his bond - as long as he isn't from south of Vero. We strive mightily, but eat and drink as friends. I enjoy the local chamber of commerce meetings; good friends, good times and some laughs. I spent June shopping for art in Basel: they have a second-string show south of Lauderdale we might go to but really, who goes there? Buh bye.

Anonymous said...

New ASA is right. Judges and lawyers do not read the FLW. Half of the ASA's went to St. Thomas or FIU; Far too many of the judges went to St. Thomas; Most of these parties do not know how to cite a case, write a well crafted motion or a well reasoned order. Judges rule based on what they learned in their bar prep class.

Anonymous said...

New ASA probably got his butt kicked by a local lawyer wearing a $200 suit and dusty shoes in a trial presided by a judge wearing a guayabera and sandals who chewed New ASA after the acquittal with a verbal admonishment full of legal scholarship that New ASA could not understand.

Anonymous said...

Kissimmee kid, can you use an associate with 25 years of experience? I like cows and boiled peanuts.

Anonymous said...

Kissimmee ...

Hahahahaha.


That's f ing hilarious .


Translation. I settled .

Anonymous said...

say it again - please!

"kissimme!"

IM DYING!

thats good stuff

Anonymous said...

Very hostile environment here....

Anonymous said...

No, really! Cows are such good company, and boiled peanuts are soooo delicious!

Anonymous said...

Why did the chicken move to Kissimmee?

Anonymous said...

Kiss me !

Anonymous said...

Cows! Yep gonna feed them cows then head on over to bond hearings.

Anonymous said...

The scene: A courtroom in north central Florida. Judge: "counsel why are you late?"
Kissimmee kid: "sorry your honor some armadillos dug under the fence and the cows got out"
Judge: well be more careful next time , car hits a cow ain't good for anyone"
Kissimmee kid: "yes your honor I agree"
Judge: as punishment bring cheese grits and boiled peanuts to chambers tomorrow ".

Kissimmee Kid said...

How did 1:41:00 PM get from my last bond hearing to Miama so fast? He forgot the part where the judge said, "is a release the defendant's own recognizance good for you Kid?" That was right after he told the state punishment comes after the trial, not before.