FRIDAY MORNING UPDATE:
The ball bounced quietly, echoes floating up through a cavernous and quietly emptying arena, boos floating where once cheers were heard. People looking at their watches, making uncomfortable gestures, avoiding looking at a scoreboard which marched impatiently and irrevocably towards another blowout defeat of the hometown Miami Heat. Patrons shifted in their seats, stared at their phones, looked anywhere but at the court where the news went from bad to worse. Eventually, (this being Miami) the inability to laugh and cheer raucously with abandon, the lack of high-spirited hi-fives from strangers, got too much; and the "fans" left. A trickle of ants up the arena steps turned into a flood of humanity as early morning meetings, the last days of school, a sick spouse at home, any excuse really, was muttered as people excused themselves from their seats and left the team they professed undying love for (many on the pages of this blog), leaving spoiled millionaires in shorts envying hoi polloi for once, as the terms of their contracts forced them to endure the thumping from their Texas based foes. Although the supposed "best of the best" was noticeably absent (twice), as an urgent bathroom break, presumably accompanied by the now famous cramps, allowed him the peaceful respite from the glare of the cameras, the boos, and the scoreboard.
I judge the character of a man by the way he handles defeat, not victory. And in this regard, the heat and their fans were decidedly found lacking: "In war: Resolution. In defeat: Defiance; In victory: Magnanimity; In peace: Goodwill."
The Heat and their "fans" showed none of these traits.
First the 3rd in John Connelly's case (our post is here) and now another shaky murder conviction has been reversed and remanded with instructions that the defendant be discharged. This time the Supremes got into the act as the Florida Supreme Court remanded the case of Dausch v. State with instructions that the defendant, convicted of first degree murder and sentenced to death, be discharged!
Long time and careful readers will recall our post from a few weeks ago (here) when Judges Hirsch and Rebull took aim at the battered and beleaguered circumstantial evidence rule. Well, the rule is alive and well:
The circumstantial evidence in this case leaves uncertain Dausch’s hypothesis of innocence and is, therefore, “not adequate to sustain a verdict of guilt.” ...
We do not take lightly the result that will flow from our decision today. We have reviewed the entire record in this case with the utmost seriousness and care. Yet, our comprehensive review of this case leaves us with the inescapable conclusion that the evidence is simply insufficient to conclude, beyond a reasonable doubt, that Dausch was the person responsible for murdering Mobley. At best, the evidence presented by the State creates a suspicion of guilt. Therefore, because we conclude that there is a lack of competent substantial evidence to support Dausch’s convictions, we reverse and vacate both of Dausch’s convictions and sentences. We remand this case to the trial court with instructions that a judgment of acquittal be entered.
It is so ordered.
The decision is here for your perusal.
An enormous Rumpolian WELL DONE, WELL DONE INDEED to Daytona Beach appellate defense attorneys (7th Circuit PDs) Christopher Quarles, Esq., and Nancy Ryan, Esq.
The World Cup has begun. The lads from England, led by Wayne Rooney on the pitch, in division D, are whom we are rooting for.
First match Saturday night: England vs. Italy.
The weekend approaches: Carpe Vinum.
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