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

Saturday, April 11, 2015

SEITLES GONNA SAVE YOU

A big well done, well done indeed, to Marc Seitles and Ashley Litwin (who argued the case) and Marcia Silvers who obtained a reversal of 454 concurrent life sentences for a 24 year old young man who on a first offense was convicted of possessing 454 pornographic pictures.

The opinion is below.
While we have no quibble with the reasoning, it almost seems like the court was result oriented and wasn't going to let the 454 life sentences stand when the defendant could have been charged with one second degree felony count of possession with intent to distribute.

True there was a Miranda violation, but the defendant then subsequently waived Miranda and gave an admission. In some parts of the appellate world, such a set of facts would be relegated to the ash heap of "harmless error". 

Don't get us wrong. We are thrilled at the result, as should be counsel and their client. But something tells us if this client was treated fairly to begin with, and had a small sentence and some probation, that the result might have been different. 


12 comments:

Anonymous said...

Maybe Marc can save Crazy Jack Thompson......he's trying to get back into the bar......motion denied......can't imagine why......
http://www.flsd.uscourts.gov/wp-content/uploads/adminOrders/2015/2015-26.pdf

The Professor said...

Rump.

I am not sure I can agree that any court could consider the discovery violation as harmless in light of a clear violation of Missouri v. Seifert. The two stage interrogation is a thing of the past. The failure to disclose the first statement resulted in counsel not filing, what clearly would have been, a valid motion to suppress.

The 2nd DCA got it right, and even the most conservative court, under the auspices of a third degree felony, could not ignore such a clear cut violation of the defendant's 5th Amendment rights.

If I were the State, I would take that one count of possession with intent to distribute, follow what the 2nd DCA (even though it is dicta) indicates and call it a day before they get bitch slapped around again.

Anonymous said...

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1- Ben Hogan
1A-Byron Nelson
Everyone else in no order
Ray Floyd.
Ben Crenshaw
Billy Casper
Jack Nicklaus
Steve Striker
Fuzzy Zoeler
Guy Boros
Jimmy Demert
Arnie Palmer

Anonymous said...

No Tiger ?

Rumpole said...

Speith falters again. Phil makes a late historic charge and gets his fourth green jacket.

Real Fake Former Judge. said...

Appeals. Bleh.

CAPTAIN JUSTICE said...

-17
-12
-11
Spieth barely blinking. At turn, he Would have to have to have total collapse ala Rory to lose now

CAPTAIN JUSTICE said...

-18
-14
-12
Four holes to play. They are fitting Spieth for the green jacket and starting too engrave the trophy

Anonymous said...

Well done, indeed, Seitles and Litwin. The world needs more consumers of child porn. Brilliant work.

Rumpole said...

The world needs more good lawyers who fight for people no else will fight for. Keep thinking that way - you will be just fine..... Until they come for you and there is no one left to fight for you.

Anonymous said...

JBT tries to end around the Florida Bar and get the feds to let him play.

I like how his motion evidently claimed his only reason for doing this was to help "disenfranchised felons." What a mensch.

Jack. Jacky. Jacky-baby. You're done being a lawyer. It's over. To almost quote Bobby D as Moe Tilden in "Copland": "I gave you a chance to be a [lawyer] and you BLEW IT!"

Time to move on and infest, er, inhabit another profession.

Carnivals still need shills to bring the rubes in. Maybe that's a possibility.

Anonymous said...

Congrats to Marcia Silvers. She's so cool and unassuming. I haven't met a defense attorney that cares more about their clients and works harder for them. She's excellent. Love her.