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 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"


37 comments:

Anonymous said...

A very thoughtful article on a very difficult subject, this is worth reading by those of us who practice at the MJB, whether as a prosecutor or as a defense attorney:

The case for life for Nikolas Cruz | Editorial

http://www.sun-sentinel.com/opinion/editorials/fl-op-editorial-nikolas-cruz-plea-deal-20180317-story.html#testnws=politicsnow&track=_newsletter_politics-now___________20180320

Anonymous said...

Nice to see a judge who right or wrong, cares about justice and people.

Anonymous said...

Figures the the 50 year sentence was by Rebull.
Also, while discussing the topic of judges fearing their own shadow, what are your thoughts on a $500k bond for a misdemeanor?

Anonymous said...

Are you going to be fair and print Judge Zilber’s Orders??

Anonymous said...

These orders are a joke, just like Mike Hanzman. The man is an ignoramus who loves the sound of his own voice and has only a cursory understanding of the law. For the year he sat on the criminal bench he made rulings that were not grounded in the law in any way but rather were based solely on his personal opinions. If you loved Hanzman's year in REG then you're just another defense attorney who cares more about winning at any cost than you care about following the law and doing the right thing. Yes, he was defense friendly but more often than not he was legally incorrect about important issues. His boneheaded orders will get appealed by the State and the State will win, which will wind up hurting defendants in the end because it will create State-favorable case law. Hanzman wasn't some pre-defendant legal eagle. He was just a sham who was in the pockets of the short-sighted defense-bar.

Anonymous said...

Are you kidding me, Judge Hanzman is the kindest, most intelligent and most academic Judge on the bench. You should beg him to come back.

Anonymous said...

Judge Venzer is taking all the credit for training Hanzman. He watched her and now knows how to write a proper order.

Anonymous said...

Great job Daniel Tibbitt.

So fortunate to have been before the courageous Judge Hantzman after the great misfortune of having Rebull hear the PVH. How does he sleep at night?

Thank you for posting this Order. Hopefully it will inspire other Judges to do the right thing.

earl rogers said...

Impressive orders and also good lawyering by Mr. Tibbett and APD Jared Whaley.

the trialmaster said...

I just read the orders authored by Judge Hanzman. In my many decades of laboring in the Justice building I have never seen such well written orders on a run of the mill case. Judge Hanzman is head and shoulders above any of the prior so-called judges who have worn the robes in this building.Compare him to Margolis, Rosemary Jones and numerous other incompetent judges and that includes sitting judges. I told you all before he left civil and was coming to the REG that he would not tolerate fools and he will be recognized as a great judge. And unlike the new judges fresh out of the SAO he has absolutely no ego. On a personal level, I am very happy to have his talents back at 73 West Flagler. Hats off to a great judge its too bad we dont have more successful attorneys opting for the bench in their later years. It use to be that way a long time ago, but now most of those seeking the bench do so because they can not make a dime in private practice.

Anonymous said...

If you think the orders are good you should observe him conduct the process. Hanzman is respectful, prepared, honest and comfortable. He treats the defendants, the victims and the lawyers with respect and his questions and bearing bring out the best in everyone. I did't necessarily agree with his ruling but I was left with such a huge amount of respect for the judge and his way that I questioned whether I was wrong after he ruled against me. It was a privilege and an honor to appear before him. I would sign my name but I don't want to appear to be currying favor.

Anonymous said...

Which is all you’re making...dimes

Anonymous said...

Sir Kenneth draws a crowd, mostly attractive model types, as he holds court (no pun) at Prime. The Ren is so 2017. Back in his element, Kenny (as the ladies call him), surmises his pan-seared snapper fillet on a bed of red pepper, avocado, jalapeno, and parsley, chuckles and sips his Soda Water and lime. Maybe a boat ride for dessert he inquires. The girls giggle and he tells the story where he walked the murderer in '02. What a night.

Anonymous said...

he is rude and annoying

Richard Baron said...

You’re a coward. It’s so easy to criticize when you’re anonymous. I knew the Judge as a lawyer and he is brilliant. To call him an ignoramus shows me that you’re not only totally unaware but probably an insecure ASA who couldn’t recognize talent if it flew up your nose and out your ass.

Anonymous said...

You must be the biggest moron who has ever secured a law degree. I’ve know this Judge for 30 plus years and you have no clue. After booking the bar exam he rose to the top of the profession in lightening speed and wrote more scholarly articles on countless legal topics than you’ll ever read. Many have been cited by courts around the country. He then gave up a practice making millions of dollars a year- yes millions( something i am certain you will never do no matter how many decades you practice law) and sat in dependency court for 5 years taking care of abused and abandoned kids. By the way, these criminal orders,as good as they are, were walks in the park for this guy. Go read his civil orders and opinions for the 4th DCA. This judge is the best and most scholarly writer our circuit bench has ever seen, period. Not even a close second. Whoever you are I can promise you would never have been good enough to carry his trial bag and to call him a sham in the pockets of defense lawyers is so inappropriate and offensive. Believe me, he doesn’t need to be in anyone’s pocket. His are plenty deep. You are way out of line here Mr/Ms ASA. Don’t count on those reversals.

Anonymous said...

How did the comment at 4:56 get through?

Rumpole said...

It should not have. It was removed.

Anonymous said...

Miccosukee police used a tribal "court" order to kidnap a baby from Baptist Hospital!! Epic fail!

the trialmaster said...

I have had the opportunity to appear in front of hundreds if not thousands of judges in my several decades of trial practice not only in Florida but across the country.. I can say without reservation, that Judge Hanzman is the most brilliant, scholarly judge I have had the honor to appear in front of. He has made double digit millions as a lawyer. Most of our judges are judges because they can not make a living as an attorney. We have one who sold a Amway products and never appeared in court much less practiced law. The only two judges I can compare to Judge Hanzman are the late, great Ed Cowart and E.D. N.Y. judge John Gleeson. However as great as Ed was in the courtroom he was never the scholar or legal writer that Hanzman is and never made a lot of money in private practice. Judge Gleeson, was great on the bench, never wore a robe in hearing motions and was always more prepared than the attorneys. It should be required that every judge, now or old should sit in the courtroom of Judge Hanzman for a week and learn how a great Judge acts and thinks and rules.

Anonymous said...

I personally want more Sir Kenneth blog info. I am intrigued by a gentleman lawyer who wears an ascot to court just for a calendar call.

Is Chicken Milanese better with marinara sauce or with arugula and tomato Sir Kenneth?

Who gives a damn about stuffy orders from Judge Hanzman. We want your opinion on Stuffed Peppers?

We are grateful for your “Style and Entertainment” column. God bless my friend.

Anonymous said...

I responded to this thread last night asking why Rebull would sentence the guy to 50 years for a PV. Not sure why it didn’t make it, but I have not seen many judges do that. I certainly don’t have the experience a lot of you old timers do. Is it common or is it just the luck of the draw of having a certain judge hear the PVH?

Anonymous said...

Civil lawyer here and glad to have Hanzman back where he belongs. He's been outstanding
in every division, but his scholarship shines in esoteric areas that other judges don't get.
He turned out a stellar order in a complicated case in a weekend, when the case had baffled
other judges for years. The sole reason I'm not signing my name is to avoid currying favor.

Anonymous said...

Manny Kadre did everything he could to get Hanzman appointed. It helps to have a good friend like Manny. They have been best friends for years. He should thank Manny for his success.

Rumpole said...

12:06- Gleeson didn't wear a robe in court because his mentor- the greatest federal district judge of the last 50 years- Jack Weinstein- didn't wear one. And Gleeson was as great and thoughtful and considerate as his mentor.

Anonymous said...

Dude got 50 because he was on probation for murder and was seen by a cop with a gun in hand. 50 is about right. Let's see what happens on the retrial of the pvh (if there is one). My bet is the state pleas it to 10 years or so, which is not enough by a Longshot.

Anonymous said...

Judge Hanzman was doing his best to impress because he wanted his long sought after federal judgeship. He was told he needed to get more criminal exposure to get there. He may have been so eloquent with his order because he wanted the defendant ‘s attorney to also shine. Maybe because he was seeking favor to get on the federal bench. He is arrogant and actually not much of an intellectual. He will never make it to the federal bench! I hope he pulls a challenger this election.

Anonymous said...

The jail judge cannot have an investiture. Why?

Anonymous said...

Thinl Milt has Hanzman envy?

Anonymous said...

Judge Hirsch shouldn't envy anyone. He is an outstanding judge, smart, hard-working and brave. Those are the most important qualities to lawyers who bring their A game.

Anonymous said...

Is it true? Is Hanzman going to retire because he did not get his federal appointment? He's up for election this year. Maybe its one of those situations where last minute someone throws a bid in against him, that someone being a friend of his, and meanwhile good ole' Hanzman rides off into the sunset knowing he has another strong ally that owes him a favor.

Anonymous said...

Yeah right. He bent over backwards to help defendants and vacate 50 year prison sentences because he thought it would help him be appointed to a Federal Judgeship in the Trump administration!! Brilliant analysis. Bet you win all your cases using such logic and insight. Fact is he did what he believed to be legally correct and just knowing it would probably hurt any chance he had If he applied. That’s judicial courage. Go back to taking pleas in your C cases idiot.

Anonymous said...

Yes Hanzman wrote these orders to improve his chances of becoming a federal judge. Everyone knows that the federal JNC, Marco Rubio, and Donald Trump love judges that grant defense motions. After all Trump's main campaign catchphrase was "Let 'em Go!". 10:23, I hope you aren't a lawyer but sadly you probably are.

And to the person who says these orders will be reversed on appeal. Only one of them is even being appealed. But if you are serious let me know, we can both email Rumpole with our identities and we can both put $5,000 in an escrow account. If even one of these orders is even slightly modified on appeal you win and get the whole amount. If none are I win and get the whole amount. And Rumpole writes a blog post publicly identifying the loser. Do we have a deal?

Anonymous said...

Tough bet because the loser is an ASA who cannot afford to put two months salary up.

Anonymous said...

To “yeah right”.
He already knew then that he was never going to be appointed to the federal bench. He had other motivations. Clearly the order didn’t help on something he had in his heart given up on. The question is whether anyone heard he was retiring? I was openly wondering whether it was to allow his last minute opposition a clear path to be an “elected” judge. BTW. I hope you are not representing our side on appeal. You have some trouble reading.

Anonymous said...

Only in REG can someone be on probation for murder involving a drug rip off, violate that probation by being found with a gun in his hand, with another convicted felon, in an area known for drug sales, and not go to prison for a long time. That is why the feds take these gun cases rom the state.

Anonymous said...

He didn’t have a gun in his hand. The cop was lying. That is why the motion was granted.