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

Tuesday, March 07, 2017

HERBERT WALKER III ORAL ARGUMENT ON CONTEMPT




If the video doesn't load, you can see it here. Enter "Walker" in the search for a case space.  

We are admittedly no fans of one of the parties in this case. 

Here is the OA in the contempt case wherein Judge Miranda held Mr. Walker in contempt. 

Things go bad at 1:20 when Judge Suarez inquires  "What did the trial judge do wrong here?" 
"This is just part of the record [Suarez holds up a fist-full of the record] when the trial court  over and over and over and over being patient and ...over and over and over being interrupted, being talked over... and the trial court holding their demeanor. So tell me where the trial court was wrong?"  

Things go from bad to worse when Judge Rothenberg starts at 4:10 to recount Walker's conduct and her soliloquy continues through 6:50. The Judge's recitation of the conduct doesn't bode well for the appeal for Mr. Walker. 

Rothenberg at 7:15: "Frankly she should have done it much earlier (Hold Walker in contempt) but she just kept hoping against all signs  the conduct would stop..." 

Not pretty. And counsel for the Appellant's citation to the Alex Michaels case just doesn't help him or his client that much.  
Rothenberg at 8:03: "That's what direct criminal contempt is..." In response to the Appellant's argument the court should have taken a break. 

Judge Suarez 11:30: "Everything I've read was a judge being restrained, being nice..explaining..saying 'please don't do that again, I've asked you before'... and what she got back were snide comments." 

Judge Suarez at 12:21 [Judge Miranda  says] "I need you to turn the board around... and Mr. Walker says 'I will when I finish.' That's not a proper comment to a judge. And this has been going on everywhere I look...This is a judge that held restraint to the Nth degree... very fortunate it was a small monetary order..." 
(Rumpole notes...so far there is no 'gofundme' campaign to pay Walker's fine.)

On rebuttal at 14:50 counsel for Walker points out that the order says Walker said "This is ridiculous" while the transcript says "This is insane." Seems like a picayune distinction. 

And Judge Rothenberg, a former top prosecutor/trial lawyer, was not ready to let that go unchallenged at 14:40:  "Were either of those comments respectful?" 
(That sound on the transcript you heard was either the trap snapping shut, or the PCA being etched into the record.) 

Final rules of thumb for practicing before Judge Miranda:
Don't mutter curses  in Romanian: Michaels v. State
Don't say "This is insane" when the judge rules. Walker v. State

Judge Suarez gets the last word at 18:58 when he recounts a war story when he was a young trial lawyer: "As judge Levy told me, when I was in the middle of trial: 'if you don't like my ruling, preserve it. That's what the 3rd DCA is for."

Well said Judge Suarez, but on our blog, we get the last (respectful) word: "So what's with all the PCA's?"
To be clear, we wouldn't have said that to you at OA...but we admit we would have thought it. 

From Occupied America...Fight the power. 





12 comments:

Anonymous said...

Why don't they have mics on the Judges?

Anonymous said...

"Occupied America?"

Don't be such a douche.

Anonymous said...

"Good morning. With the continued and mysterious disappearance of Justice Ginsberg, I have decided to declare her seat on the Supreme Court open. It is my great pleasure as The Donald Trump President of the United States to nominate the great Miami Lawyer Herbert Walker Three as the next associate justice of the United States. Mr. Walker's contempt sentence will expire, I have been told, next Tuesday, whereupon he will be released from the Dade County Jail and will start meeting senators -except that idiot Shummer, to become the next supreme court judgey thing. He will be a great supreme judge. An Amazing supreme judge. Nobody has ever seen a supreme judge nomination like this one. Thank you. "
POTUS DJT

Anonymous said...

Is the minority leader of the U.S. Senate the same Shuminer that practiced at the Justice Building in the late 80's and early 90's?

Anonymous said...

Should we be surprised that his attitude toward others is catching up with him?

http://justicebuilding.blogspot.com/2007/12/our-thoughts-on-walker-scandal.html

Anonymous said...

Free Herbert Walker!

Anonymous said...

Karma !!!!!!!!!!

Anonymous said...

Wasn't able to load the video, but Is this whole appeal over a $250 contempt order? Also, why would the case be stayed for 2 years? Seems a bit "ridiculous" or "insane".

Anonymous said...

I heard Herbert Walker and Alex Michaels have opened campaign accounts for the 2020 judicial race. The electioneering committee "Dumb Ass R Us" is accepting contributions. There is also information Herb is applying for the 3rd DCA to teach them a lesson.

Anonymous said...

Who is America being occupied by? I thought it was a free electorate who voted for trump. Perhaps we're being occupied by illegals who take from social services but provide no tax dollars.

Fight illegal immigrants

Anonymous said...

Is it just me or does Herb Walker skeeve you out a bit?

Anonymous said...

Whats with this Occupied America nonsense? Get a grip, you sound like a loon. Sorry Hildabeast lost but gtf over it and stop acting like you are some kind of pathetic victim with this Occupied garbage.