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Monday, September 28, 2015

E FILE KERFUFFLE

In Dade County it is common for those of us who practice in the REGJB to file for arraignment purposes one document that is 1) a notice of appearance; 2) plea of not guilty; 3) demand for discovery. 

Which is why on the e-filing menu they do not give you an option to file that document. There is a document entitled "notice of appearance and plea" without defining what the plea is. There is a demand for discovery document. But there is not one document covering all that we file. Of course. Your state tax dollars at work. And while we are complaining, when we file a document on a criminal case, the SAO does not automatically appear as a party and we have to add them with some ridiculous email address like " miami prosecution no plea without speak with supervisor and supervisor's supervisor and victim and police officer and victim's supervisor and police officer's supervisor.com" which is a lot to write every time you try and file a document. 

Or are we doing something wrong? 

THREE YEAR MIN MAN
As most of the nation legalizes or decriminalizes marijuana, the Miami State Attorneys office is seeking a three year minimum mandatory for a defendant who was growing marijuana for his wife who is dying of cancer. As we now sit here Monday morning, the following has occured;
1) the defendant was convicted of growing marijuana and has been incarcerated;
2) his dying wife no longer has her caretaker;
3) we will be paying for the defendant to be incarcerated;
4) thousands of people are making millions of dollars growing marijuana in Colorado, California, Oregon, and Hialeah. In three out of those four places, the growers face no threat of criminal prosecution.  

Does common sense call for a resolution here? Or will we be a safer society knowing this man is behind bars? 
Come on Ms. Rundle, show a little leadership, not to mention common sense and a little heart. 

 FOOTBALL. 
We went 8-1 in our picks yesterday. And if you think we are on fire with our picks, you should see our Draft Kings account$$$$. 

GAMBLING!!! (Shhhhs.)
BTW- if an enterprising blog reader sets up a Draft Kings private league, with, say, a $5 entry fee, we can all enter and play for money and have fun until the Dade SAO opens an investigation into GAMBLING IN THE COURTHOUSE!!!!, which they are free to do once they finish their own picks for the week, not to mention the NCAA bracket pools for money which has been around in that office since, well, since bell bottom pants were in fashion. But keep prosecuting those marijuana cases. It's noble work you all are doing. 

See You In Court, where prosecutors in glass houses with glass bongs shouldn't throw stones. 

23 comments:

Anonymous said...

Just file your document. It doesn't matter what option the portal gives you. The document itself is all that matters.

Anonymous said...

After much thought and deliberation I have decided to name my new kitten Ho Chi Minh.

Anonymous said...

Just don't take kitty to the REN and you will be fine.

Anonymous said...

I feel very safe knowing her caretaker is incarcerated and the govt put an end to this reefer madness.

I'll sleep great tonight; knowing the streets are safer. For that guys wife to be smoking weed at her home was making me very scared.

I'll gladly pick up his bill for housing and 3 meals of Bologna a day.

As for the poor cancer stricken girl, Shame on her for smoking a plant to feel better. Now she can die alone.

Anonymous said...

Funny how in Broward I can file a "motion for semen sample" but I cannot file "Defense notice for deposition." This isn't a joke, although it's funny.

Jeff the drunk said...

Chellllllo!!! Check me out on periscope

Anonymous said...

5:23 now that is writing. bravo

Anonymous said...

I got a fufchick for the first lawyer I hear approach the court and say "cheeeelllllo ". And a hundry if they do it at the 3rd

Anonymous said...

To 5:23: This isn't Rundle's fault. The guy chose to go to trial. He knew he risked a 3 year prison term, but decided to roll the dice instead of accepting a plea deal. He really shouldn't complain about it now, and neither should you.

Anonymous said...

The real tragedy is that we live in a state where possession-level drug crimes can be punished with mandatory prison terms.

Trafficking in Florida is based on weight and nothing else. When you think "trafficking" you think movement across state lines, sales, distribution.

Those involved in the violent and crime-producing business of selling large volumes of drugs should go to prison.

But Florida needs to change its trafficking law. I've said it for years - min-mans should ONLY apply if the jury or the court makes a determination that the defendant possessed the amount of the substance AND that they intended or did engage in the sale, commercial transportation, or distribution.

If it's just trafficking weight (possession, really, just a lot of possession) then no min-man should apply and judge should be free to sentence as he/she sees fit. Many judges would've given this grow house defendant probation, even after trial.

Pill addicts commonly stockpile large amounts of pills, which put them at the trafficking threshold even though they only intend to use them by themselves.

Punishing addicts only wherehouses people, turning them into unemployable convicted felons who will likely reoffend. Also, the dehumanizing conditions of prison turn non-violent offenders into violent ones. Look as escalating patterns when you study career criminal priors. They usually start out with coke possession or car burglary before moving up to home-invasion robbery and carjacking. That's because they become desensitive and discouraged.

We are literally creating the monster that we are fighting.

Anonymous said...

I stand by my comment. Rundles office should have dismissed the case and marijuana min mans should be done away with. I dont know the offer. What if it was 18 months. Does the guy say good bye to his wife and rot in a cell while she dies? 5:23

It's not too much to ask the govt to show a little sympathy here and there. Or is it

Anonymous said...

"We are literally creating the monster that we are fighting." I disagree. Whatever happened to the notion of personal responsibility? To quote the great philosopher Ice-T.................

"You got problems, you claim you need a break
But every dollar you get you take
Straight to the Dopeman, try to get a beam up
Your idle time is spent tryna scheme up
Another way to get money for a jumbo
When you go to sleep you count Five-O's
Lyin' and cheatin', everybody you're beatin'
Dirty clothes and you're skinny cos you haven't been eatin'
You ripped off all your family and your friends
Nowhere does your larceny end
And then you get an idea for a big move
An armed robbery...smooth
But everything went wrong, somebody got shot
You couldn't get away, the cops roll, you're popped
And now you're locked, yo, lampin' on Death Row
Society's fault? No
Nobody put the crack into the pipe
Nobody made you smoke off your life
You thought that you could do dope and still stay cool? Fool.

You played yourself...
You played yourself...
Ain't nobody else's fault, you played yourself."

BTDT

Anonymous said...

Maybe I'm missing something 9:04. Was Rundle required to prosecute?

Anonymous said...

Nothing will stop the judicial/prison institutional complex. There is too much money involved. Law Enforcement, local, state and federal jobs. As the old saying goes " it's easier to start the ball rolling down the hill than it is to stop it"

Anonymous said...

Nothing will stop the judicial/prison institutional complex. There is too much money involved. Law Enforcement, local, state and federal jobs. As the old saying goes " it's easier to start the ball rolling down the hill than it is to stop it"

Anonymous said...

Kathy Rundle literally posted on facebook this morning, praising the two ASAs in the grow house case.

Doesnt sound like someone that feels regret for filing or pursuing the case.

Jeff the drunk said...

Chelllllo. Check me out on periscope and a baba-boey to y'all.

Anonymous said...

Breaking the REN a venue news. Franchise opportunities may soon be announced. This is huge.

Anonymous said...

Yeah Rundle should probably drop charges on every case that defense attorneys dont like. That is a great idea.

Anonymous said...

You're kidding me. She posted that on Facebook? I don't have Facebook but is that verified. If so, how pathetic. How utterly pathetic. For an otherwise decent state attorney she should apologize for that prosecution, agree to vacate it and put him on probation.

Give yourself praise when you lock up a violent guy, not a caretaker. Shame on you.

Anonymous said...

Memo to Harvey Ruvin, check out Browards clerks website. Make ours like theirs. Thank you.

Anonymous said...

Shocking though this may be, maybe the jury and the State don't buy that he was growing all of those plants (25 pounds plus worth) for his wife.

http://www.nbcmiami.com/news/local/Miami-Man-Convicted-Despite-Claiming-Pot-Plants-are-for-Wifes-Cancer-329647961.html

I know, I know, they just don't understand.

Or do they?

BTDT

Anonymous said...

You're telling me that an adult decided to grow marijuana in his house and you guys are mad at the state for not dismissing his case and for not offering to provide free care to the cancer stricken wife along with an apology for arresting her husband?

GTFOOH. He chose to grow the weed, DEAL WITH IT.