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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. POST YOUR COMMENTS, OR SEND RUMPOLE A PRIVATE EMAIL AT HOWARDROARK21@GMAIL.COM. Winner of the prestigious Cushing Left Anterior Descending Artery Award.

Thursday, June 29, 2023

PETERSON NG AND FELONS AND GUNS

 In as a misbegotten prosecution as we have ever seen, the Broward State Attorneys Office (Motto: "New State Attorney, same old crap...") was handed a well deserved defeat Friday as a jury acquitted former officer Peterson for child abuse charges for his alleged failure to act as a first responder during the tragic Parkland school shooting.

A well deserved NG for a State attorneys office that doesn't know its ass from its elbow. 

You know what they need? A big HUG. Maybe a judge will hug the state attorney trial team. 

It's been done before. 

FELON IN POSSESSION OF A FIREARM

An interesting take on the felon in possession of a firearm. Judge Reeves in the Middle District has found the statute unconstitutional. Run with it. 

"It is unsurprising that the government relies on jurisprudence 

filled with such methodological flaws. The same errors define

the Supreme Court’s own Second Amendment jurisprudence."

Judge R is our new favourite Judge for paragraphs like this: 

B. Revisiting Originalism

Bruen shows us that originalism is now the Supreme Court’s

dominant mode of constitutional interpretation. This Court is

not so sure it should be.

For one, the originalist case for originalism is lacking. This

Court has yet to see evidence proving “that the original meaning

of Article III of the Constitution included the understanding

that courts should interpret the Constitution based on its

original meanings.” Erwin Chemerinsky, Worse than Nothing:

The Dangerous Fallacy of Originalism 82 (2022) [hereinafter

Worse than Nothing]. In other words, it is not clear that

founding‐era Americans collectively agreed that for time immemorial,

their descendants would be bound by the founding

generation’s views on how the Constitution should be read.

There are a lot more gems in this remarkable order. We recommend you lawyers read it (of course you judges have better things to do than read well-reasoned federal orders. Like pinochle.).

Reeves Order by Anonymous PbHV4H on Scribd

9 comments:

Anonymous said...

Very impressive win Mark

Anonymous said...

Satz last efforts have failed again. While Peterson is no hero, it was an abuse of justice for the prosecution to have been brought. Next we need to get rid of Harold Pryor, who has continued Satz’s misguided prosecutions.

Anonymous said...

Big Up to Mark Eiglarsh for his stunning win in the Scott Peterson trial.

Anonymous said...

Mark Eiglarsh is by far the number 1 criminal defense trial lawyer in the country.

He is a hero and makes us proud to be lawyers.

I’ll bet President Trump retains him to be his lawyer in Palm Beach Federal Court.

Anonymous said...

Peterson’s lawyer Mark Eiglarsh is every bit as brilliant as David Marcus. His performance and win knock down Marcus and Reizenstein to number 2 and 3 on the best lawyer list in Florida.

Anonymous said...

An impressive win. But I admit I am unable to even try to see the issues in that case. A mass killing in a school, as local as it can get to this area, and our governor, state legislature and Supreme Court have done nothing in the years since but cry that there are not enough guns on the street. To me, all gun owners were theoretically on trial because none of the 300,000,000 guns did anything to oppose the slaughter. All it takes to prevent a mass shooting is one bad guy not to have armloads of guns.

Anonymous said...

Mark with a walk off grand slam. Tossed the bat too.

Anonymous said...

Mark is not the greatest lawyer in the world but, he is a decent guy and a very good lawyer who did a very good job. I remember him doing a bunch of stuff for big brothers/big sisters. So, Mark, you should be proud of yourself. My hat is off to you!

Anonymous said...

The trialmaster still holds the most unbelievable NG in Broweird history.