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

Monday, July 31, 2017

THE KOBAYASHI MARU

UPDATE: The mooch is out!
Rumpole says: "Well, that was fast." 

DUI BRADY-MARIJUANA: There's a good letter on the  JAAB broward blog from a Broward toxicologist about the presence of marijuana in urine in a DUI case. Toxicologists cannot determine the date of use, much less when -if ever- an individual was under the influence of marijuana based solely on the presence of a THC metabolite. 
It's interesting to note that the toxicologist, a prosecution witness, sent an email to the defense attorney only, because he couldn't locate who the ASA was. 
Gotta love Broweird. 

DOM highlights Chief Judge Carne's opinion and epic put down of the argument of appellant Little: "Little's logic lacks luster."  Ouch, but such is the life of appellate lawyers who attack child-porn convictions. Fight the power. 

KOBAYASHI MARU SCENARIO
You gotta love guys who, if they're losing, change the rules. As a Starfleet cadet, James T. Kirk became the only cadet to beat the Kobayashi Maru scenario by hacking the simulator and changing the rules. "I don't believe in no-win scenarios" said Kirk, and neither do we.  It has an application for what we do as trial lawyers.  

Adrian Beltre, who just joined the 3,000 hit club, was Kirk-like the other night.  And even after 50 some odd years of watching, we can always see something new, which we did with Beltre. 

Friday night Beltre, who was on deck, was in the spot he likes to stand, so he can see the pitcher. Problem was, it wasn't where the on-deck circle was. The umpire ordered Beltre into the on-deck circle, but Beltre had other ideas. See the video below. Beltre fought the power, and for that he gets a Rumpolian Well done! Well done indeed



7 comments:

Anonymous said...

Only the great Rumpole can tie baseball, Star-trek, and DUI defense together in one post. It's why you're the best.

Fake Judge Carnes said...

Today was nice. But our Rump beat someone down so badly in the comments section yesterday, it's truly worth a look.

Runmp must be a good lawyer because his put-downs in writing are epic nasty.

Anonymous said...

Rump, on a sad note, a dear friend- Dr. Richard Saferstein passed away on Friday, July 28, 2017. Rich maintained his winter home in Sunny Isles, but more importantly was the author of Criminalistics- Introduction to Forensic Science now in its 12th Ed. I'm sure many of us kept some edition of his work near at hand. He loved his family, his work, Frank Sinatra and a good cigar. Rest In Peace. May his soul be bound in the binds of Eternal Life.

Anonymous said...

Very sick and tired of seeing all of the Jose Fernandez tributes. Yes it's tragic and a waste of young talent but he used cocaine and got drunk and chose to operate a boat with two of his friends on board. Had he lived he be at the Gerstein Bldg every three months for his felony sounding.

Athletic ability does not trump ones criminal responsibility. Had he been some run-of-the-mill Hialeah drunk out on his speed boat we'd be saying what a piece of shit he was.

Rumpole said...

I think that comment is way too harsh. Had it been some individual who lived in Hialeah, then no one except friends and family would have noticed, and I for one, would not be calling him a piece of excrement. I would note the sadness in losing his life to drugs and alcohol, and that is a tragedy no matter who the person is. We tend to remember and focus on the young athlete who died using drugs (e.g., Len Bias) because we see the waste more clearly- loss of career very few can achieve, loss of large amounts of money, loss of what we all consider "the good life." But I do agree the truck driver happily living in a one bedroom walk up rental who dies at age 23 is just as worth mourning about in terms of a life wasted, as a baseball or basketball star of any other athlete.

Anonymous said...

So if Fernandez were a truck driver from Hialeah and took two of his friends boating and they died and he survived, where would he be right now? Easy answer. Eating processed defrosted hamburgers on a tin tray with a side of creamed corn in the middle of the Everglades. But he dies and has a statute erected in his memory. Unreal.

Anonymous said...

Agreed. Jose Fernandez chose to operate a boat high and drunk because he felt he was rich and invincible. His two friends lacked the good sense not to get in the boat with him. Now they're all dead. Fernandez was a great baseball player. But in terms of character, not a good person.