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

Sunday, April 22, 2018

PRISONERS DILLEMA PART 2 APPEARING IN BROWARD

Want to know what's good about being in a Broward court before a Broward Judge? .....after more than thirty-five years of practice when we think of something we will let you know. 

Here is Broward Judge Merrillee Ehrlich having a total meltdown during bond hearings with a woman, in a misdemeanor case, and just to show that Broward Judges don't discriminate against the handicapped when they abuse and humiliate defendants- this defendant was in a wheel-chair.  Perhaps some Broward Bar organization will give Judge Ehrlich an award for berating and abusing all defendants on an equal basis. Who knows?  It's Broweird after all. 

Here are the highlights:


2:37: Yells at defendant who responds to question not to talk.
3:04: Yells at lawyer to keep quiet defendant

3:53: Yells at defendant- "I'm not here to talk to you about breathing treatment."

Reflect on that for a moment. This is a misdemeanor case. The defendant is obviously not well. She's in a wheel chair. We learned later that she had chronic obstructive pulmonary disease and in fact died within a few days of being released. The defendant indicates that she needs treatment to breathe. Not for pain. But to perform the basic function all humans need to perform to live. And the response of a member of the Broward Judiciary was that she didn't want to talk about it.  Yes, this is the Broward Judiciary on full display for the world to see. They abuse defendants and lawyers all the time. However most of them have enough self control not to do it on video in this fashion. 

4:10:  "I’m not going to spend all day with her interrupting me." 
4:50: Judge yells again
5:55 : "You’ve already said too much."
6:10  Judge Throws a fit and waves arms: "Don’t even say yes..." 

6:35: And here's what a kind and decent judge says to a handicapped person in a wheel chair that they've just ordered to go to pre-trial services: "Arrange for someone to carry you if you can’t get there."

Yes, that's what you want in a Judge. Someone who demonstrates caring and concern for the handicapped. 

Here is the video with Judge Merrillee Ehrlich in all her Broward glory. 






After this became public the good judge decided to hang up her robes and she quit. Good riddance.

Friday, April 20, 2018

PRISONER'S DILEMMA

Long time and careful readers of this blog know that Rumpole has a modest expertise in Game Theory, with a keen interest in the Nash Equilibrium and it's application to real life legal decision making. 
In Prisoner's Dilemma, we examine the situation of two individuals arrested and charged with a crime. Each prisoner is in solitary confinement and unable to communicate. The prosecution lacks the evidence to convict both on the main charge.  Each prisoner wants to get a year in jail in a lesser charge. Two prosecutors are dispatched to meet with each prisoner (and their counsel of course, this isn't Miami-Dade) simultaneously. The prosecutors offer each prisoner a deal. Each prisoner must then decide whether to cooperate with the outcomes as follows: 

If P1 and P2 each agree to rat the other out, each will get two years. 
If P1 rats out P2 but P2 remains silent, P1 gets off and P2 gets 3 years in prison. 
If P1 and P2 each remain silent, they each will only  be convicted of a lesser charge  and serve one year. 

Here is the dilemma: If each prisoner acts in their rational self-interest, then each betrays the other and they each get two years. 
If each reject their inclination toward rational self-interest then they each get the desired outcome of one year. 
Acting in rational self-interest and being a rat  leads to a worse result than in remaining silent. However, since by cooperating with the prosecution  the prisoner can possible go free or at worst do two years and eliminate the possibility of the worst outcome- three years,  being a rat is what is called the dominant strategy. And yet, the rational self interested choice to be a rat yields a worse outcome than the non-self interest choice to remain silent. So acting rational is irrational. Oy!

The Nash Equilibrium yields a solution for the dilemma but we will discuss that at another time. 

Let play a little Game Theory. 
Say you are a lawyer. And say you have damaging information on the President of the United States. Say your name is...Cohen. 
What do you do? Remain silent and risk three years (actually more) or cooperate and possibly get two years or walk free? 

Say you are the President of the United States. Being a rational actor do you:
1) Blame Obama; 2) Blame the failing NY Times, Failing CNN, failing MSNBC, and fake news? 
3) Bomb Syria? 4) Make a peace treaty with North Korea and agree to a joint North Korean -US military strike at the Seychelles Islands?  5) Stay in bed all weekend, eat cheeseburgers, watch FOX TV and fire Nicky Halley? 

From Occupied America, even Presidents have dilemmas they cannot reason their way out of. Fight the power and don't be a rat!


Thursday, April 19, 2018

CONSTITUTION REVISIONS COMMISSION a/k/a "CRC" .....


THE CAPTAIN REPORTS:

MARCY’S LAW - THE CRC HAS SPOKEN .....

While most of our loyal readers have been focusing on the really important issues of the day - Trump, North Korea, Comey and his new book, and Attorney/Client Privilege via the Michael Cohen case, many of you may have missed the latest on the venerable CRC - a/k/a Florida’s CONSTITUTION REVISION COMMISSION.

For those not in the know, the CRC is reborn once every 20 years in the State of Florida. Its mandate is to review the Florida Constitution and propose changes for voters to consider. For the past year, at dozens of public meetings held around the State, the 37 members have been listening to the voters of Florida. The membership of the CRC is overwhelmingly chosen by only three elected leaders, all Republican; 34 of the 37 members were selected by Governor Rick Scott, House Speaker Richard Corcoran, and Senate President Joe Negron.

After spending the past year listening to proposed amendments to our state constitution, the members whittled down the list of ideas to 23 workable proposals for final consideration. Those 23 proposals were reduced to 11 proposed final drafts for consideration by the CRC. And on Monday, after nine hours of debate between the members of the CRC, they voted to approve eight amendments to go before the voters in November, while rejecting three others.

You can read the Title and Content of each of the eight amendments by going here:

The Amendments range in subject from: Crime victims; judges; first responders and the military; public colleges & universities; school boards; offshore drilling; vaping; property rights; lobbying; and the oh so important industry of dog racing.

Today, we focus on just one amendment, P6001: "RIGHTS OF CRIME VICTIMS; JUDGES". The proposed amendment/s would create a new constitutional right for crime victims to receive information and provide input during criminal cases. Known as "Marcy’s Law", the measure would, among other things, establish a right for the safety of victims and their family members to be considered when bail is set in criminal cases. The package of amendments also includes expanding the mandatory retirement age for judges (from the current age 70) to age 75, while also eliminating the provision permitting judges to serve out their term if they had served more than half their term by the time they reached retirement age.

Here is just some of the language:

(b) To preserve and protect the right of crime victims to achieve justice, ensure a meaningful role throughout the criminal and juvenile justice systems for crime victims, and ensure that crime victims’ rights and interests are respected and protected by law in a manner no less vigorous than

protections afforded to criminal defendants and juvenile delinquents, every victim is entitled to the following rights, beginning at the time of his or her victimization ...

(10) The right to proceedings free from unreasonable delay, and to a prompt and final conclusion of the case and any related postjudgment proceedings.

a. The state attorney may file a good faith demand for a speedy trial and the trial court shall hold a calendar call, with notice, within fifteen days of the filing demand, to schedule a trial to commence at a date at least five days but no more than sixty days after the date of the calendar call unless the trial judge enters an order with specific findings of fact justifying a trial date more than sixty days after the calendar call.

b. All state-level appeals and collateral attacks on any judgment must be complete within two years from the date of appeal in non-capital cases and five years in capital cases, unless a court enters an order with specific findings as to why the court was unable to comply with this subparagraph and the circumstances causing the delay. Each year, the chief judge of any district court of appeal or the chief justice of the supreme court shall report on a case-by-case basis to the speaker of the house of representatives and the president of the senate all cases where the court entered an order regarding inability to comply with this subparagraph. The legislature may enact legislation to implement this subparagraph.

The entire proposed amendment P6001 can be read by going here.

For any of the amendments to become law, they must win the support of 60% of the voters.


JUDICIAL ELECTIONS .... UPDATE ......

As alluded to in the Comments section last week, veteran Judge David Miller has drawn opposition, again. This time it is from Elisabeth Espinosa, a ten year member of The Florida Bar. According to her bio, she is a partner at Cole, Scott’s Miami office and she defends insurance cases. She was an ASA in Orange County for six years, and also spent time as a criminal defense attorney. She states that she has tried over 70 jury trials.

 
CAPTAIN OUT .......
Captain4Justice@gmail.com



Monday, April 16, 2018

THE OTHER SIDE OF THE COIN

With the revelation on Monday that Fox network host (we cannot bring ourselves to call it News) Sean Hannity was the third "secret" client of New York lawyer Michael Cohen, there is a natural tendency to feel smugly happy. 
Let's review Mr. Cohen's client list. 
First up- the current POTUS on whose behalf Mr. Cohen paid $130,000.00 to a porn star Unbeknownst (cough cough cough- we can't get through that with a straight face) to the President. 
Second- Elliot Broidy, the former deputy finance chairman of the Republican National Committee. 
And Third- Sean Hannity. Sanctimonious Fox Host, who regularly blasts the Clintons and Obamas for their "immoral ways". 

The President allegedly slept with a porn star. Enter Cohen. 
Broidy admittedly got a Playboy Playmate preggers and needed to pay her. Enter Cohen. 
And Hannity....? Perhaps a speeding ticket? Or a complaint about a bad meal at the Palm in NYC?  Or a landlord-tenant dispute? What could it be? What could it be that required the special skills of Mr. Cohen, Esq??

Here's the common thread of the three. Yes, they're men, but that's not it. 
Yes, they're older married men. But still, not what we are looking for. 
Hmmm...could it be that they're all mainstays of the religious right that believes sex is reserved for marriage and marriage is reserved only for two people of the opposite sex. 

There is a strong urge to call out the massive hypocrite that Hannity is. 
But there is a more important issue at play here. 
Attorney-Client Privilege.

Broidy and Hannity went to a lawyer with a problem. They have done nothing illegal that we are aware of. They are entitled to have their lawyer keep their secrets. 
It was disturbing to read Monday that Judge Kimba Wood (who is a great answer to the trivia question "name the second person Bill Clinton wanted to nominate for Attorney General before he nominated Janet Reno" - Zoe Baird was the first of course) forced the disclosure of Hannity's name in open court. That was wrong. Hannity had a right to have his secrets kept and Judge Wood was wrong to force the disclosure in open court. 

Of course Baird and Hannity aren't entitled to our support and sympathy. They have zero ability to ever see the principle behind an issue. They jump on any issue that helps their right-wing agenda regardless of whether it could later be used against them or their cause.  

But some of us are enlightened. Some of us can look behind the schadenfreude we feel about the revelation of the hypocrisy of Broidy and Hannity (Trump was always a what-you-see-is -what-you get- type of creepy guy). 

What occurred in the SDNY Monday was disturbing for all lawyers and clients. 

From Occupied America, where secrets are important, fight the power. 



Saturday, April 14, 2018

NOW HE BELONGS TO THE AGES

The President left the White House in the early evening. 
He and his party went down H Street NW for about 7 tenths of a mile. The presidential party made a right on 10 Street NW and went down three blocks before stopping in front of Ford's Theater.  The show that evening was the hit "Our American Cousins". 
April 14, 1865. Abraham Lincoln  had about 24 hours to live. 

Five days earlier General Lee surrendered the Confederate Army of Virginia to General Grant.

The Presidential party arrived late for the show, but the President was reported to be in a great mood. Lincoln and his wife were accompanied by Henry Rathbone, a young officer in the army, and Rathbone's fiancée- Clara Harris who was the daughter of New York Senator Ira Harris (the only Ira to serve in the US Senate we think). 

Sometime between 10:15 and 10:25, John Wilkes Booth, a famous actor who had failed in his attempt to kidnap the President on March 20. 1865, snuck up behind the President and shot him in the head.  Rathbone leaped up and grabbed Booth. Booth dropped his derringer and produced a knife and stabbed Rathbone in the arm. Booth then fled the presidential box, leaping on to the stage and shouting Sic Semper Tyrannis  ("Thus ever to tyrants") - the motto of Virginia. Booth's left foot and his riding spur became entangled with a flag draping the box, and Booth landed awkwardly, breaking his leg.  

Dr. Charles Leal was in attendance and gave aid to the President who was slumped over in his chair. He was soon joined by Dr. Charles Sabin Taft.  Leal removed a blood clot from the entry wound behind the left ear of the president, and Lincoln's labored breathing improved. Soldiers  arrived and took the dying president through a light rain to the house of tailor William Peterson. The doctors had judged the ride to the White House as too difficult for the dying president. 

Lincoln's oldest son  Robert Todd Lincoln arrived along with Secretary of the Navy Gideon Wells and Secretary of War Edward M.  Stanton.  Throughout the night more doctors and government officials arrived, as well as Lincoln's faithful secretary John Hay. 

At 7:22 AM on April 15, 1865, the 16th President of the United States died without regaining consciousness. 
Secretary Stanton was widely reported to have said "Now he belongs to the ages". 

Friday, April 13, 2018

TRISKAIDEKAPHOBOA

Today is Friday the 13th. 
Who is afraid? 
Who should be afraid? 

The Federal Blog run by David Markus reports that the judges of the SDFLA appointed acting US Attorney Ben Greenberg to be US Attorney, because his appointment runs out April 28, 2018. None of this ever happened under Obama even when he was spending most of his time hiding his birth-certificate, trying to usher in Sharia-law through the back door, raise our taxes, deplete our military and otherwise be a bad and incompetent President. Through all of that he somehow was able to make executive appointments on time. 
It seems a bit untoward that the judges of the district are appointing the prosecutor. 

Of court the term "untoward" could be applied to most of the current federal administration. 

There's an untoward side to the retirement of Judge Zabel. And by that we mean the actions of the State Attorneys office, and not Judge Zabel.  When and if we can, we'd like to run the whole story. For now we feel comfortable in saying Miami lost a well respected and decent and honest judge who worked very hard at her job and did a very good job, because of a nasty power-play. 

BTW, speaking of former Presidents, Clinton balanced the budget. The current deficit is going to shoot up over a trillion dollars with the new budget. Just wondering where all those Republican deficit-hawks are? Maybe they're all retiring from Congress. 
Of course Clinton was disgraced because he had an affair with a woman and that's something the Republican party assured the American people was conduct unbecoming a President and something that would never occur when a Republican got into the White House. 

From Occupied America, where hypocrisy and incompetence is the order of the day, Fight the Power and have a great weekend. 


Wednesday, April 11, 2018

JUDGE ZABEL RESIGNS AND WAR

UPDATE: JUDGE ZABEL HAS RESIGNED!
The Judge has been dealing with well known legal issues involving her husband for some time now. It is unknown if this action is related to that and whether she has any liability for being listed on companies that her husband used which are the basis for criminal issues. 

At 4:30 AM on April 11, 1861, soldiers of the Confederacy fired upon the Union Fort Sumter.  The next day Union soldiers surrendered the Fort. 

Confederate Secretary of State Robert Toombs was the only voice in opposition to President Jefferson Davis's order to take the Fort. Toombs prophetically wrote Davis "You will only strike a hornet's nest.  Legions now quiet will swarm out and sting us to death. It is unnecessary. It puts us in the wrong. It is fatal."

Jefferson Davis of course famously tweeted that the order and the shots were "fake news". That didn't work out for him in the end. 

The opening moves of the war that devastated our states and split our country are on our mind as the current POTUS moves the United States towards firing shots upon a dastardly enemy in Syria. 

However this concerns us: 

In 2013 Trump tweeted this, which wasn't bad advice. 



Why do we keep broadcasting when we are going to attack Syria. Why can't we just be quiet and, if we attack at all, catch them by surprise?...For the first time in the history of military operations a country has broadcast what, when and where they will be doing in a future attack!



On Wednesday, POTUS tweeted this:


Russia vows to shoot down any and all missiles fired at Syria. Get ready Russia,  because they will be coming, nice and new and “smart!” You shouldn’t be partners with a Gas Killing Animal who kills his people and enjoys it!

So Rumpole wants to know why POTUS can't follow his own advice? 
Or are the tweets Fake News?
Or are the people in charge incompetent? 

We are worried. 
Fight the power. 

Tuesday, April 10, 2018

TRANSITION TO BOND

FACDL head honchos sent out this email this week:

Good afternoon all, 

After meeting with the Transitions program  last week, I was made aware of the following:

1- If your client has insurance and qualifies through their assessment  for the Transitions program, it can be an alternative to cash bond or prison sentence. 

2- The program accepts dual diagnosis clients and has a residential program followed by intensive outpatient. 

3- Most importantly,  they will take clients on an ankle monitor, giving the court a further layer of assurance of safety to the community.  

4- They have, on full time staff,  a court liaison who can provide not only information to the court about the 34 year program, but will give monthly/ weekly/ whatever reports required by the court.   
If you have a client that you believe could benefit from this program or it can aid in the resolution of their case or release from jail call John Whyte 305-949-9001 or his cell 305-302-4455.  

Rumpole responds: 
Count us a confused. Transactions? 
We don't appear much in bond hearing court and we're not sure what this all means, but it appears to be good and the information should be helpful. 

TRUMP RIGHT ON FBI
Count us in on supporting the Prez in his criticisms of the FBI on Monday. 
There is no reason for the FBI to show up early in the morning and raid an office when the issue is business records. 
It is disturbing. And make no mistake, the next time we are crossing a federal agent and they ambush our client at 5 AM we intend to ask them who they work for and if they agree that their boss was correct when he attacked the FBI's tactics in raiding his personal lawyer's office. 
We're on your side Mr. President. Let's make America Great Again and reel in these FBI gestapo tactics. 

It is very refreshing to have a POTUS so concerned with civil rights and criminal procedure. 

From Occupied America, where there is no reason not to show up politely at 9:30 AM after making an appointment and ensuring counsel is present to monitor the situation, fight the power!

Saturday, April 07, 2018

OPERATION PAY YOUR MONEY HONEY

This strange part of this plan to collect fines and costs is the email it went out on: the committee to re-elect a judge sent it out. 
Comments?




Meanwhile, to distract our attention because the Chinese are kicking his ass in a brewing trade war, POTUS announced the invasion of New Mexico ("Lots of suspicious sounding Hispanic names there and people are saying they've never seen this many suspicious sounding Hispanic names in a state and Obama did nothing about it..."); a trade war with Grenada ("They keep sending things to us, and no one's ever seen anything ever come from Granada before, so what are they sending and why and Obama did nothing about it..."),  a trade war with Lichtenstein, ("They're small and we can win and I like to win and we never won under Obama so lets win one of these..."and a renewed attempt to recover debts-with interest! from Germany under the Treaty of Versailles ("They owe so much money for so long and Obama did nothing and nobody's ever seen a country owe so much money and that woman who runs the place doesn't like me and I don't like her...")

From Occupied America, Fight The Power and pay your fines and costs!


Thursday, April 05, 2018

JUDICIAL ELECTIONS 2018 .... MARIN & HAGUE OUT ..... UPDATED


THE CAPTAIN REPORTS:

JUDICIAL CAMPAIGN UPDATE ... 2018 .....

It has been a busy couple of months since we posted on December 27 and December 28 about the candidates for Circuit and County Court. Several new candidates have filed and many more have  either withdrawn or switched Groups. Here are the highlights from the past three months:

CIRCUIT COURT

In Group 14, Louis Martinez filed on February 6 and Vivianne del Rio joined the Group on March 1. They face Renee Gordon.

In Group 25, "Joe" Perkins, who had filed in Group 79, withdrew his name on March 9th. He filed in Circuit Group 31 on March 12th; then switched to County Group 18 on March 19th only to withdraw three days later on March 22nd. The next day he  switched once again and filed to run in this Circuit Group against Yery Marrero.

BREAKING NEWS:

Circuit Court Judge Antonio "Tony" Marin, who was expected to serve out his term in Group 79, suddenly and unexpectedly resigned effective March 9, 2018. As a result, the two candidates that had filed in this Group, Luis Medina and Joe Perkins, were forced to withdraw from the Group as Governor Scott will fill this seat through the JNC.

COUNTY COURT

See if you can keep up with these moves:

In Group 2, Kristy Nunez filed to run on March 20 only to withdraw six days later. Then Rosy Aponte withdrew from Group 32 of the County Court and on March 26th moved into this Group against Jeff Cynamon.

In Group 18, Betsy Alvarez-Zane joined the Group on March 14th. Laura Cruz withdrew her name on March 1 and Joe Perkins withdrew his name on March 22. That means that, for the moment, Zane is unopposed.

BREAKING NEWS:

County Court Judge Andrew Hague (Group 21) and I communicated on a few occasions back in December. He explained his three options to me: resign before the end of the filing deadline; serve out his term; or run one more time. Well, he finally made his decision known last week. And it appears that candidate Jacqueline Woodward was smart enough to stay in touch with Hague because on March 23rd, she withdrew from Group 2 and was the first candidate to file in Group 21. Hague has made his decision and it is to serve out his term and then retire from the bench.

(NOTE: Not only was Woodward the first to file in this now open seat, but in order to scare off any opponents who are thinking about running against her, she plucked down a cool $375,000 of her own money, loaning that amount to her campaign war chest).

In Group 32, Lizzet Martinez filed on February 1. She faces Chris Pracitto.

In Group 33, Madelyn Diaz withdrew on December 29. Mike Mirabal switched from Group 33 to Group 18 to Group 43. That leaves Olanike Adebayo and Eleane Sosa-Bruzon, for now.

In Group 43, Steve Paulson withdrew on March 1. Milena Abreu currently faces Mike Mirabal.

No doubt there will be many more changes before the filing deadline which is on May 4, 2018.

CAPTAIN OUT .......
Captain4Justice@gmail.com

Tuesday, April 03, 2018

QUOTAS

The Justice Department of Jefferson Beauregard Sessions has a plan to speed up deportations: Quotas!

The Justice Department will not issue evaluations of immigration judges based on how many cases they close a year the Washington Post reported here:

“That is a huge, huge, huge encroachment on judicial independence,” said Dana Leigh Marks, spokeswoman and former president of the association and a judge for more than 30 years. “It’s trying to turn immigration judges into assembly-line workers.”

Gee, ya think? 

One of the smartest Judges ever to wear a robe in the REGJB- the late Judge Philip Knight, closed three cases before 8 Am. We're not kidding. Judge Knight would have his clerks bring the calendar and files the night before. He would get to chambers early in the morning and read every file and motion and by the time court started he was ready to hear arguments, issue rulings and try cases. He had the lowest case load of any judge in the REGJB. And he was a heck-of-a-nice guy to boot. And he didn't need any quotas to do his job superbly well. 

Meanwhile, cheers to an independent media: 
Here's the link to the viral video of all the news broadcasters being forced to read a propaganda statement from Sinclair Broadcast Group. 

From Occupied America, where the right-wing media has been turned, fight the power of propaganda. 








Monday, April 02, 2018

WHAT NOT TO DO

Young lawyers may ask themselves what crosses the line in litigation?

The answer is to act as lawyers Bernardo Roman and Pepe Herrera did in representing the Miccosukee Tribe. They had a dream client and they screwed it up, got nailed with over a million dollars in attorneys fees, and now are being disbarred.

Why does Judge Tunis always get the hard cases?
These orders together are a novella in scope and size. 

This is what not to do.

Also, it's not a good idea for anyone, even a retired judge serving as a general master, to bring pistachio nuts to a deposition.

Roman Order

Herrera Order

Sunday, April 01, 2018

FEDS TO FUND NEW JUSTICE BUILDING

Miami is starting to reap the benefits of Mayor Gimenez's rapid capitulation to Miami not being a sanctuary city. The City and the feds announced over the weekend a thirty-two million dollar grant to fund ground breaking on a new criminal courthouse.  Parking-lot 26,  which adjoins the side of the old courthouse, will be the site of the new courthouse (tentatively to be named the Jefferson Beauregard Sessions Miami Justice Center). When the new courthouse opens, the REGB will be imploded and a modern ten story parking garage will be built which will have room for police, lawyers and witnesses. There are plans, starting in 2020, to open a small mall in the public parking lot across from the courthouse which will include office space, an LA Fitness, retail and fine dinning. 

Things are looking up

However things are also looking down. 

Fresh on the success of the State Speedy trial rule allowing prosecutors to demand a speedy trial, the legislature is now looking at bills that will allow victims to file charges (the Victim Vengeance Act); file sentencing enhancements (The Victim Full Justice Act); and for individual victims to move the court to revoke a defendant's release (The Victims Safe Streets and Homes Act).

Well, maybe the new mall will have a bar to drink in.

From Occupied America, where every day brings surprises and fools, Fight the Power. 

Tuesday, March 27, 2018

HELP WANTED

The (fake) news media is reporting that the President cannot get legal help. No lawyer will take his case.
Really?
We have a bunch of lawyers here in South Florida who send mailers and pay bondsmen for cases. 
Hey guys and gals, the mailing address is 1600 Pennsylvania Ave, Wash, DC. 
Send an ad. You never know. 

Who do you think in the REGJB should take the case and do a good job?

Meanwhile we have a few suggestions:




Or this....








But really when you think about it, there is really only one lawyer for POTUS:



Monday, March 26, 2018

A STATE SPEEDY TRIAL DEMAND

YAWN....😯
Count us as being supremely bored by the 60 Minutes interview of Stormy Daniels. She slept with Trump before he was. president. He paid her to keep quiet. And the sun rises in the east. What else is new? 

We actually were surprised by some of the "facts" we heard on Fox news Sunday morning whilst stuck in a NetJets airport waiting room, including that the Obama administration didn't want to ban bump-stocks and that Obama didn't want to raise the pay of members of the military.
That was surprising news.  If you can call what Fox broadcasts "news". 


STATE SPEEDY TRIAL DEMANDS???!!!!
Just when you think you've seen it all, some yahoo legislators have proposed Proposition 96 which, inter alia, will allow the prosecution to file a speedy trial demand. And this differs from the prosecution objecting to a defense continuance how? 

(10) The right to proceedings free from unreasonable delay,  and to a prompt and final conclusion of the case and any related  postjudgment proceedings. 
a. The state attorney may file a good faith demand for a  speedy trial and the trial court shall hold a calendar call,  with notice, within fifteen days of the filing demand, to schedule a trial to commence at a date at least five days but no  more than sixty days after the date of the calendar call unless the trial judge enters an order with specific findings of fact  justifying a trial date more than sixty days after the calendar  call.


Friday, March 23, 2018

SDFLA NEW LAYOUT

UPDATED 
The famous and wildly successful lawyer(s) that run the Southern District of Florida Blog which can be found here have changed the look and the layout. 

Count us as one vote against the new format. 
We don't like it at all. 
What say you? 
(Apparently we were taken to a mobile version of the blog. So never mind). 

But while you're over there, check out the post on the money for the new federal courthouse in Ft. Lauderdale being included in the new federal budget. 
We're against that as well. 
A real trial lawyer can try a case in an asbestos laden building where the roof leaks. 

Our own humble REGJB has been adjudicatin criminal cases since cira 1960 and we are doing just fine. You haven't earned your bones at the REGJB until you and your trial briefcase are thrown for a loop when an escalator suddenly stops and a crush of humanity falls on you. 

From occupied America, where no self-respecting local government should take money appropriated by those sell-out morons in D.C., fight the power and try your case with an umbrella. 


Tuesday, March 20, 2018

MOTIONS GRANTED

UPDATE: SEE BELOW

We present to you today the collected wisdom and rulings of former REGJB Judge, and rapidly becoming a legal legend- Judge Hanzman. 

In the first order, Hanzman vacated a fifty-year sentence on a PVH for a new arrest of a defendant in a car in which a gun was found under the passenger's seat. Represented by a well-respected attorney who was forced into a PVH by Judge Rebull when he was not ready to proceed, Judge Hanzman found that the lawyer's performance was "an outlier" to his long and distinguished career. DNA evidence not introduced excluded the defendant as a contributor to the DNA on the weapon. 

In the second order, Hanzman vacated a conviction after trial in which there was only one eyewitness and the defense failed to impeach that eyewitness on the grounds that the eyewitness at the time of the trial, the eyewitness was in custody and facing a life sentence on an armed robbery charge. Woops! Giglio anyone? 

The Third Order deals with the question of whether the State can collect DNA, not at the booking/arrest stage, and without probable cause for the case the defendant was charged in- for the limited purpose of comparing that DNA sample to other crimes. Adopting the "timing is everything" analysis, Judge Hanzman denied the prosecution's motion. 

Not every client is innocent. Not every motion should be granted. But when we live and practice law in a time when Judge's fear their own shadow, much less negative media associated with a ruling for a defendant, it is nice to see a Judge who calls it like he sees it. It seems like an easy thing to do, but it is not. 

Come back to the REGJB Judge Hanzman.

UPDATE: The comments correctly pointed out that there was some fine lawyering here as well, including Daniel Tibbitt who has won several impressive 3.850 motions for his client this year. Well done. Well done indeed. 



FIRST ORDER


SECOND ORDER

THIRD ORDER -"TIMING IS EVERYTHING"


Monday, March 19, 2018

YEAR IN REVIEW

It's never too late to look back at the last year. And especially for our intrepid prosecutors and their office, more than two months into 2018, they have published their 2017 year in review. "Better late than never" they often say about discovery and their Year-In-Review. It's perhaps the most anticipated document in the South Florida Legal Community, other than, of course, the yearly traffic citation stats, and the pedestrian flow analysis for the south end of Brickell Avenue.

So here it is, and pay particular attention to the crowing about the prosecution of former North Miami Beach Mayor Myron Rosner (husband of Judge Sarah Zabel) in the FRAUD section. 

The entire document cannot help but engender in our mind the wise words of the greatest man of the 20th Century- Winston Spencer Churchill: "In War, Resolution. In defeat, defiance. In Victory, Magnanimity. " Magnanimity doesn't appear in their dictionary. 

The Russians, so often in the news these days, have word for this type of document:  агитпроп,  which means Agitpróp


Thursday, March 15, 2018

PROGRESSION

Here's an interesting NY Times OP Ed piece on the need for progressive fines. 
A single $151.00 speeding fine sent an African-American into a seven year odyssey of fines, collections, loss of license, arrest warrants and homelessness. Should she be fined the same as Mark Zuckerberg for a speeding offense? 

The Times piece misses the point. The issue should not be the enactment of progressive fines because rarely will the issue be the appropriateness of a fine to a billionaire and a homeless woman. The issue should be the tax misdemeanors and traffic tickets extract on lower income Americans. A brief sojourn into county court a few weeks ago yielded an (unscientific) view that most litigants are those who can least afford to be there, and who can least afford the devastating impact of a misdemeanor conviction. 

Progressive fines are a slippery slope. But the criminalization of quality of life issues (traffic crimes, panhandling, marijuana possession) should be the discussion we are having. Decriminalizing a majority of the misdemeanor crimes in Florida would allow the cases to be handled in a cost efficient manner by magistrates without the expense of prosecutors and public defenders. Do we really need everyone charged with disorderly conduct or possession of marijuana to lawyer-up? 
We could then reduce many felonies that are given short shrift, to misdemeanors. Wouldn't it be more costs effective to  have car theft, burglary of conveyances, third degree grand theft,  possession of cocaine, and resisting with violence cases off the dockets of circuit court judges?

HAPPINESS

The 2018 World Happiness report lists Norway, Denmark, Iceland, Switzerland, The Netherlands, Canada (with its fake trade deficit), New Zealand, Sweden and Australia (home to Miami's most famous fugitive Joe Gerstein) as the happiest countries- one through nine. The US of A limped in at number 18, down from 14 in 2017. 

Burundi, the Central African Republic, and Cleveland were the unhappiest countries in the world. 😞
(emoji courtesy of Millennial Me).

REJB Happenings
There were more trials today in the REGJB. Many pleas of guilty. Lots of cases filed, a few no actioned and some nolle prosses. 
Everyone who isn't a lawyer went though a rigorous security screening to enter the building, but in a fascinating story, Judges were able to park in the garage in the building and avoid security! 
The clerks offices reported many requests to view files. 
We know this is absolutely fascinating stuff for many of you, so we will hold  your interest and leave the rest of the action for tomorrow's blog post, which may, just may, include an exposition on the attorney's parking lot!!!!! YES!

From sad and unhappy occupied America, Fight The Power!