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Thursday, November 09, 2017

RUMPOLE CALLS OUT THE FEDS

There was a rare contretemps between what has otherwise been a prolonged period of peace between the best legal blog in Florida, and Mr. Markus's federal blog. 
On Thursday we commented (negatively) on the the SDFLA blog  that the new federal magistrate's 25 trials in five years as an AUSA was nothing to brag about. 
Mr. Markus's federal hackles were raised, and the debate is on. 

Rumpole says that federal prosecutors are spoiled. All the rules are in their favor. 404(b) evidence, no matter how flimsy, comes in ( AUSA: "Um, the defendant may have once considered selling cocaine." Court: "Motion to admit granted.")  The defendant is punished for testifying. And federal agents sit in court and watch all the testimony; holding the quaking hands of the AUSAs when things get rough. 

State court prosecutors get thrown into the fire. Bad cops, tough cases, depositions by sneaky defense attorneys- ASAs try 25 cases a year. 

Give us a five year ASA who's tried a hundred cases- dozens of which had serious issues- and held her own, over some Ivy League tower Fed who spent her time in the office shooting fish in the barrel by trying Illegal Re-entry after deportation cases. 

Rebuttal?



26 comments:

Anonymous said...

Rumpole you forgot that the new mag also wrote 30 briefs. #killingitforDOJ

You probably have only written a dozen, with a crayon on a napkin, you "silly and irrelevant" state-court wannabe.

(This posted here because this comment was not approved over at SDFLA...wise move changing venue back here where critics are not censored)

Anonymous said...

We have had this debate before. The finest trial lawyer start in the state system. This is in. O small part bc of the liberal discovery system which allow for depositions which invariably train the lawyer to ask questions artfully. They are also many more trials in the state criminal system.

Anonymous said...

none needed

Anonymous said...

Depends on what type of cases. Most AUSA's get their trials when they start and most of them are glorified state trials that they have skimmed/Stolen from the SAO because they were good cases. On the other hand, an AUSA who gets to do some longer trials(more than week long trials) do have a broader experience because they get to try complicated economic crimes cases which most state Judges hate to deal with.

But your overall point is correct. The state SAO/PDO in Miami are two of the best places in the USA to get trial experience by getting thrown into the fire and getting your ass kicked. You have to think on your feet and improvise and come up with arguments to deal with poor witnesses, lazy or indifferent cops, or crimes no one gives a shit about in the first place. You also get to actually learn how to pick a Jury. As a defense attorney who has practiced in both venues it is funny to watch AUSA's try to pick juries--they just don't have much experience and don't know what they are doing.

Anonymous said...

First of all State ASA's do not try 25 cases a year. More like 10 a year. You probably just said that for effect but it is far from correct. Second, I agree with Markus that your post is silly and off the mark. It would be one thing if Louis had only done 5 trials total in her career, but 25 trials is plenty of trial experience, especially when you couple it with the fact that she has a well rounded resume doing both civil and criminal. You simply picked the wrong example to try to make your point. And as a State lawyer myself, I fully agree with your premise that State trained lawyers in general are better than the federally trained lawyers.

Anonymous said...

An A level ASA in a trial heavy division beats an AUSA

Rumpole said...

11pm- your point about crayons being??
Perhaps the most famous cert brief (I know you're not sure what that is, google it) in Supreme Court history was written in pencil on the back of envelopes and scraps of paper by Clarence Earl Giddeon and resulted in Giddeon v. Wainwright.

So I would venture to say 1) unlike you, at least I have clients who hire me to write briefs;
2) The Cyron colored crayon gets lots of attention in the 11th circuit.

So there!

Anonymous said...

The broader point is why the federal blog is so touchy. Why did he approve your post in the first place just to publicly take offense thru name calling and come to the rescue of the new mag, as if that was even needed.

Anonymous said...

Uh not "Giddeon." What a maroon.

Clarence said...

Rumps, I agree with your view of state ASA/PDs vs AUSA's. No comparison. But Gideon's name has only one "d" and he wrote his petition on standard issue prison correspondence paper, not on scraps or envelopes.

Anonymous said...

Yes please regale us with tales from all your trespass and burglary trials.

Adam Goodman said...

Rump,

While I have never seen Mrs. Louis in court, I can say that I watched her 11th Circuit JNC interview a few years back. I was very impressed, and am sure she will do a fantastic job. Not only that, but she wrote me a very nice email after the fact which spoke volumes about her character when no one was watching.

Adam Goodman

Rumpole said...

I've won murder cases (in three states) federal cases in too many districts to remember, appeals in the 2nd, 3rd, 4th and 1st DCAs, and the 2nd, 3rd, 9th (shooting fish in a barrell) and 11th circuits, and burglary cases, trespass cases, disorderly conduct cases, resisting arrest with and without violence, and too many DUIS to remember.
I am proud of each and every one of those wins and each one- there is a client who was very well served. Your point about trespass and burglary (other than you have no business and can't get hired on those) being what?

A real trial lawyer treats every case as the most important case of their career. But you wouldn't understand that would you?



Anonymous said...

Getting a little self defensive in your old age. Could you tell us more about that important trespass you won?

Anonymous said...

What a DB move. A talented lawyer and a genuinely nice person gets named judge and you use the opportunity to start trolling for web hits. Pathetic.

Anonymous said...

1133 why is Federal Blog so touchy? the egos that practice at both USAO and FPD's office are massive that. maybe they all get it from Hanging around with Federal Judges in the clerkships all of them have.

the trialmaster said...

Rump is totally correct. There is nothing like state court trial experience to train young attorneys. Especially in the "old day" when we would have one jury deliberating while picking another. The feds get no cross examine experience. I recall one case I tried when a now federal judge. then a federal prosecutor asked a defendant who took the stand and testified to his innocence a single questions on cross examine. Not sure that young asa and pd's now have the same experience but its still better than clerking and sitting in chambers for a judge for a year or two.

Anonymous said...

Did anyone read the front page of the Miami Herald? What’s the punishment for killing state owned mangroves?

Anonymous said...

9:19:
I totally agree. I read this post and instantly realized it's an affront to genuinely nice people everywhere, like you and me.

Anonymous said...

Mangroves are protected and can’t be cut down without a permit. He’s should not have talked on camera to Uribes wife. She brutalized him. Nothing like rich people fighting each other.

Anonymous said...

You're like Trump. Trying to shore up your base. Everyone knows the reason that you're anon is cause you're a hack.

CAPTAIN JUSTICE said...

Gloria Alred not a very good attorney. I would have kept the yearbook in my back pocket and let Moore commit as much lying as possible about this latest female complaintant. And then pulled the yearbook out at a later time. Much better effect that way.

Anonymous said...

Captain -

She may suck as a lawyer but she gets cases and makes money. Unlike you. By the way, the election is coming up in a month and she is trying to hurt the mans chances. Stick to telling us who is running for Judge, etc. thanks.

Anonymous said...

About to go for My morning run. Got some sweet tunes from from my DJ Esquire playlist.

Thanks Mike. You may lose your Bar license, but never your license to get ill

Anonymous said...

The Captain hasn't had many media cases. I'm not a fan of Allred but she played this right. You only get one chance at the press conference. The yearbook sold the women's horrific story and likely will cause Moore to drop out or lose the race.

Anonymous said...

Nothing beats an AUSA who is a former ASA.