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.
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