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

Thursday, June 12, 2014

ANOTHER REMAND FOR DISCHARGE AND LET'S GO ENGLAND!

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


34 comments:

Anonymous said...

Forza Azzurri!!!

Anonymous said...



Drinking a bit too early Rump?

Daytona Beach is in the 7th judicial circuit.

Rumpole said...

Just a typo. There's my mistake for June.

"The cause is hidden,
the result's well known."

Ovid, The Metamorphoses.

Anonymous said...

Wrong flag, Rumpole. That's the united Kingdom of Great Britain and Northern Ireland's Union Jack with the crosses of St. George (England), St. Andrew (Scotland) and St. Patrick (Ireland). England's flag is white with the red cross of St. George only. Look at it when England plays.

Anonymous said...

7:38 p.m., what's the min man for trafficking in more than 28 grams but less than 200 grams of Metamorphoses?

Anonymous said...

Cysco will be cheering hard for America. Never under estimate Americans when they play for their nation. This is our best squad ever.

Anonymous said...

8:54.
A Week in Migda

Anonymous said...

Soccer is so f-ing boring.

Anonymous said...

Heat Are Still Awesome. They Bring Relevance, The National Spotlight To OuR City, NBA Championships, And Money To OuR Economy..........Why All The Hate?

Anonymous said...

Rump, if nothing else, the Heat has exposed you as a douche bag. Apparently you anointed yourself the decider of what is a fan and how people must act when watching sports. Leaving when the team you're a fan of is clearly out of the game apparently equates to not being a fan at all in your book. Apparently it's written somewhere that people cannot be fans of a team if they leave early in the face of clear defeat. Apparently, leaving a blowout early also means that you no longer support a team. And apparently, Miami is the only place where that kind of thing happens. You'd think that someone with a semblance of intelligence would know better.

So the Heat failed to perform to standard in their last two games. Big deal. Regardless of what happens in this series - the result of which is admittedly a foregone conclusion; not because I'm a bad fan, but because I have common sense - I and most other people in this town will continue to support the team and enjoy watching them play. But you keep on spewing crap as if it's gospel. You keep believing that you're a reputable source of anything. Keep on overcompensating for your sad and obviously insecure existence.

How big of you to keep quiet while the Heat proved you wrong and trampled their first three playoff opponents, only to come out now when they're down 3-1. I have my own ideas about how to judge a man's character, and you, Rump, are a sad little man.

Anonymous said...

Miami fans don't just leave when their team is behind. They leave when they're winning too.

Rumpole said...

I just wonder where all those bandwagon jumping fans of the last two years who flooded my blog with statements of undying loyalty and love for the heat and swore that they loved the heat for all those Rony Siekaly Bimbo Coles Glenn Rice years when the heat never won anything. Where are they now ? Very silent. Mostly unseen. "Harrumph ...errr... Just a bit busy old man. All due respect to the Heat and all that and of course I wish them them the best and all but uh I have a life you know. And uhh. I'm sure the Heat will do fine without me. "

Anonymous said...

10:11 In my book, a true fan does continue to support the team - and watch them play- even if they're doing bad.
Sure, it's never as much fun when they lose, but that's when the team needs the support the most. Instead, the Heat get people walking out on them.

Anonymous said...

How come with you lawyers it's always plus plus plus $$$)$???

Anonymous said...

Its cases like this that convince me that all appellate courts are not shills for the state.

Anonymous said...

Come on. We leave every game before the end regardless of the score. Its a silly basketball GAME. We paid to enjoy a few hours of diversion. No one will die. No one's life will be altered. We paid for the seat. Its hardly a moral quandry.

Anonymous said...

Soccer is boring? Stupid American.

Anonymous said...

Rump, looking down his erudite nose at Heat fans, as he misuses a simple Greek phrase. "Hoi polloi" with a "the" in front is as redundant as saying "Rump who trolls for page hits by ragging the local team".

Anonymous said...

I heard Shumie was offered a piece of REN (a venue) as a tribute and because the wise guys was busting the joint inside out and the owners needed muscle on the back end.

Rumpole said...

8:18. The most boring piece of tripe that I write about say the internecine warfare between Scalia and Ginsberg draws 7500 unique hits a day. How popular is your blog?

RFB said...

Nothing but a vicious Q Sponsored Rumor.

Anonymous said...

Rump- your Miami fans hoping on the Khymer express for the US open? Better hop on before the Bandwagon is full.

Anonymous said...

Lefty comes from behind and nabs a US open on the last hole Sunday. Go Phil Mickelson!!!

$$$$$ said...

Rumpole. I grew up with kids named Falk, Lowenrhal, Carnegie, Rockefeller. To a T, everyone drove non-descript Fords or Chevy's. These wannabes in the parking lot with Mercedes and Porsches make me laugh. We could buy a Porsche a day for a year as interest on my family's share of the trust while these fools struggle to make lease payments. What a bunch a dopes. I drive a used Audi-Beemer type car. But when I fly to the family home in Aspen or St. Thomas or Cape Cod or The Hamptons, I use one of our Gulfstreams. And Grandpa just bought a 707 from a Shiekh. He's having the gold toilet fixtures removed before making it the family plane for trips to the estate in Spain.

Enjoy that 7 series BMW. But trust me, it's not a preview as to how we live. None of you could imagine.

UM intern.
I won't be working in crim law needless to say.

Brindash's Person said...

Brindash is such a good kitty. He's my lil brindy boy.

Anonymous said...

italia

Anonymous said...

Everybody go easy on Rumpole now. He's probably at his local public house drowning himself in bitter after his beloved Three Lions started their quadrennial futile run for the World Cup with yet another loss. Nobody mention all of the cowardly English players (overpaid, no-heart, mercenary, etc.) who crawled off the field with leg cramps rather than play through this fake injury like real champions.

kissimmiee Kid said...

I won't be working in crim law needless to say. 'Cause I'm a gutless sack of shit who would crap my pants if I had to address a jury.

Anonymous said...

Hey Rump. How did your England team do in the World Cup?

Anonymous said...

Boring. Terminal.

Rumpole said...

The lads played poorly but I didn't turn off the TV when Italy went up 2-1. It's not over yet.

Anonymous said...

The Khymer express had left the station Rumpole. No more room on the bandwagon. 5 up with 16 to play.

Which reminds me. As soon as he hit his third on the 14th I said Trevino at Pinehurst in 1981. Exact same shot. And we all know what Trevino did.

Anonymous said...

Rump:

You talk about the messure of a man and seek to belittle Lebron when, really, you know nothing about the man. Let me tell you a brief story and you tell me the measure of this man.

Several years ago, good friends of mine learned that their son was a Type 1 diabetic. Asking how they could help advance the research ongoing for this condition, they volunteered to raise funds by creating an annual golf tournament and dinner.

When Ray Allen signed with the Heat last year, he met this family because his son also is a Type 1 diabetic. This past year, Ray lent his name to this annual event. But much more ... every Heat player showed up to be a part of the golf tournament, even those who were not golfers.

Now you might say "so what, Lebron played some golf, who cares?" We'll over the years, the post golf dinner had changed to a ladies luncheon. The guys played golf, the ladies had lunch. Money raised for a good cause.

Lebron heard about the luncheon. He, and he alone of all the players, left the pre-tournament warm up to go to the main building to greet each of the ladies and thank them for their participation and donations. He very graciously posed for pictures with each of the ladies in attendance. And, according to my friends, a very sizable check was received from him soon thereafter, something not publicized.

I carry that picture in my cellphone with pride and show it to anyone who maligns this good young man. Need proof? I will gladly send you the picture (and if you are who I think you are, you know my wife). So please Rump, not that he gives a rat's ass about what you have to say about him, but move on to another subject. You don't like the Heat, fine, that's your right (although the Knicks still suck). Lebron is a good man ... even his worse decision, "The Decision", was only because ESPN offered to donate $2,000,000 to the Boys & Girls Clubs of America if he would allow them the exclusive on televising his choice of future employment.

Anonymous said...

It's MIGNA, not Migda