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

Wednesday, January 29, 2014

RIP THOMAS TEW & MARTY FINE





SHOCKING: In the bizarre world of the death penalty, the Miami Herald reports here that states are considering a return to hangings, firing squads, electrocutions, keelhauling, standing in the security line at the REGJB, etc. 
Why are the states returning to "the good ol' days?"
Because the country that believes it has the greatest legal system on earth cannot get those other, less developed countries with unenlightened legal systems like France, Sweden, Denmark, England, etc., to sell them the lethal chemical cocktails needed to execute its citizens who have received their full measure of due process.

When is enough going to be enough? 

Query: Are killers born or made? And if they're made, what responsibility does society have when a person who grows up in poverty and is abused and perhaps mentally damaged becomes a killer?  

PCA: Wednesday is decision day at the 3rd DCA (Motto: "No oral argument or soup for you!"). And if you per chance peruse the decisions on their website you would see that today there are 27 PCA affirmances of criminal cases. For those of you not appellate-inclined, a PCA is an affirmance of the lower court decision without an opinion. It's a sort of an appellate FU for wasting our time with this nonsense. 

No oral arguments. No decisions. Not pretty. 

See you in court. 

6 comments:

Anonymous said...

The 3rd DCA is a rubber stamping joke. They have always been bad but they went from bad to horrendous when Juan Ramirez was running the show.

Anonymous said...

In a way, I prefer to have the 3d DCA decide criminal cases with PCAs as opposed to making more bad law with written decisions.

Anonymous said...

What does one have to do to have the Bar Association send out an obit when you die? Will a ticket lawyer get one? How come Sharpie didn't get one?

Kinda like how famous do you have to be before being killed goes from killed to assassinated.

Anonymous said...

Rumpole: Regarding the 3rd DCA criminal opinions this week, you said "And if you per chance peruse the decisions on their website you would see that today there are 27 PCA affirmances of criminal cases." However if per chance you do more than merely peruse those decisions, here's what you'll find: Of the 27 criminal PCAs, only three were direct appeals (and there are three other criminal direct appeals in which the court issued written opinions). Of the remaining 24 criminal PCAs, 3 were Anders appeals (i.e., the appellate attorney was permitted to withdraw from further representation based upon her good faith determination that there are no legitimate issues for appeal)and the remaining 21 criminal PCAs were pro se postconviction appeals.

Secret Judge said...

Yeah right, it's all the fault of society. No one should have to take personal responsibility for their actions and of course, no one should be held responsible for their actions if they happen to be Black and poor. It obviously is not their fault. Society is totally to blame. Only one teeny, weeny problem. What about my Black friends who grew up poor who somehow became distinguished members of the Florida Bar? Maybe hard work and perseverance counts for something after all.

Anonymous said...

Secret judge,
Poverty, abuse and mental damage is what Rumpole wrote. While many think that's code for Black and poor, I read it as much more than that when talking about "killers."
Black and poor may be a higher percentage of people who are convicted of murdering someone. But I was thinking of Bundy, Gacy, Berkowitz when I read killers. All white, not necessarily poor.