Like a bear emerging from hibernation, the recent decision of Judge Emas and the 3rd DCA has energized Judge Joe Fernandez. PVHs are full speed ahead according to this email he sent:
The recent 3rd DCA decision in Clarington leaves no question whether PVHs can proceed. With that in mind, you should be prepared to proceed to PVH in your cases.
The argument, frequently made, that a PVH in a particular situation is “a waste of time” or doesn’t resolve all of a defendant’s cases will receive little weight. If mitigation is being prepared by the defense or considered by the state, that process should be completed.
Last seen pre-pandemic presiding in ROC Court (Motto: "If you're in ROC court, you're gonna get rolled!) Judge Fernandez has taken the decision from the 3rd like Mercury Morris, running off tackle, Judge Emas throwing a block and Fernandez hits the hole and runs to daylight. Get on you PVH/Trial suits; find that old tie in the closet, ROC Court is BACK IN SEESSION baby!
How about a continuance? Maybe a little more time to work the case out because the parties are close? Perhaps a reset in the normal course?
The Bear is out and he is roaring and hungry for PVHs. No such entreaties will be entertained! :
Cases will also likely not be reset because the parties are “close” to a resolution...
Beginning with the first trial week of 2021 (January 11) continuances of PVHs will be limited and any PVH that is continued may very well receive a new hearing date sooner than “in the normal course”.
But it's December, and the decision just came out. How about a little holiday flexibility? Well, even Bears on the PVH rampage have a little bit of heart:
The cases set for trial/PVH next week (December 7) were not sounded last week because of the Thanksgiving holiday. So there may still be be some leeway through the end of the year.
Rumpole's advice is to 1) Object- preserve the error for reconsideration; 2) Give ground grudgingly- object to each issue in the PVH. The witness is having trouble with zoom; you need to confer with your client privately; corrections is in the room... you know what to do.
DO NOT GO GENTLE INTO THAT GOOD NIGHT. RAGE! RAGE AGAINST THE DYING OF DUE PROCESS RIGHTS!
Here is the Dylan Thomas Poem for inspiration:
Do not go gentle into that good night,
Old age should burn and rave at close of day;
Rage, rage against the dying of the light.
Though wise men at their end know dark is right,
Because their words had forked no lightning
they Do not go gentle into that good night.
Good men, the last wave by, crying how bright
Their frail deeds might have danced in a green bay,
Rage, rage against the dying of the light.
Wild men who caught and sang the sun in flight,
And learn, too late, they grieved it on its way,
Do not go gentle into that good night.
Grave men, near death, who see with blinding sight Blind eyes could blaze like meteors and be gay, Rage, rage against the dying of the light.
And you, my father, there on the sad height, Curse, bless, me now with your fierce tears, I pray.
Do not go gentle into that good night.
Rage, rage against the dying of the light.
9 comments:
Whatever happened to JOA Joe?
I myself have said probation trials with jurers should be taking place emmediately with the jeries sitting in the parking lot outside for safety. Peoples on probation have rights to speedy jury voilations trials and as the 3rd DCBA has said even pandentists do not suspend constetutititional wrights.
So as soon as officaly I take the bench (NEXT MONTH LOL) then I will be having these traisl the very next week no centinusits allowed!
Untile then (www.rosygotme8K.com) Lol
What’s the problem with the judge’s email? He’s probably the coolest judge we have and he hasn’t been a pain all year. Do we want to work or just say we do and trash the judges?
I love Fake Rosy Aponte, she gives me a woody. So when I'm saying " rise" I'm not talking about the people in the court room if you know what I mean
What an offensive email and position the judge is taking. These defendants are in jail, no? What’s the problem with a continuance? How does that hurt the judge? Absurd.
He’s got a job to do, no? So do we, no? You’re an idiot, yes?
When I was a public defender these types never prepared for trial because they were too busy preparing mitigation packets.
As far as Judge Emas goes, he does not suffer fools and has a steal trap brain. He likes trial lawyers not mitigation specialists. Man up people.
Mohamed Ali.
The choice of poem reveals knowledge of the movie Back to School and therein an affinity for the man who got no respect Rodney Dangerfield. Some Rodney jokes: I was breast fed by my father. My mother said she only likes me as a friend. My date was so ugly, I bent down to pet her cat, it was the hair on her legs. My wife likes to watch herself laugh, the other day she put a mirror over our bed. She likes to talk to me during sex, the other night she called me from a motel. She wants to make love in the backseat of the car, she wants me to drive. Did you hear about the judge whose doctor found sugar in her urine, she went home and peed on her corn flakes.
Out of 10 cases, who is more likeable?
The hot shot trial lawyer with 8 clients doing 50 years a piece, or the reasonable lawyer who has 10 clients doing a total of 50 years?
Just saying...it is very easy to be brave with other people's lives....the judges, clients and other lawyers will love you. The papers will write about those 2 great wins, and the other shattered lives in the wake will fade into distant memories.
The lawyer who councils his clients to take a plea finds no glory, the clients often accuse him of being a fake lawyer, and other lawyers call him a plea attorney....but most of his clients see the light of day and go on to have fulfilling lives.
The best of the best are the lawyers who are able to recognize the two out of eight that should be wins and take those to trial...the raving lunatics who want to fight every case the death, do their client no service.
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