tag:blogger.com,1999:blog-19039943.post4249967991007416173..comments2024-03-19T05:55:55.897-04:00Comments on THE BLOG: FIRST SUNDAYRumpolehttp://www.blogger.com/profile/08380575650255695462noreply@blogger.comBlogger24125tag:blogger.com,1999:blog-19039943.post-87113271838401825262009-02-24T15:18:00.000-05:002009-02-24T15:18:00.000-05:00Hey Trialmaster, who beat you way back when, in fr...Hey Trialmaster, who beat you way back when, in front of Ellen?dhonighttps://www.blogger.com/profile/17514277845922195085noreply@blogger.comtag:blogger.com,1999:blog-19039943.post-76557235800174979112009-01-27T13:09:00.000-05:002009-01-27T13:09:00.000-05:00New Judges update:Judge Stacy Glick had a jury tri...New Judges update:<BR/><BR/>Judge Stacy Glick had a jury trial to verdict on a B case.<BR/><BR/>Judge Cueto already on the split screen (bond hearings) ordering defendant on the DUI manslaughter case not to drive.<BR/><BR/>Abby Cynamon in a Juvy trial lasting 5 hours till 9pm?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19039943.post-81882294058714945842009-01-27T10:17:00.000-05:002009-01-27T10:17:00.000-05:00To the Trialmaster--hey dipshit, with the exceptio...To the Trialmaster--hey dipshit, with the exception of first degree murder and some high profile public corruption cases, nearly every criminal case in state court are charged via information (or A-form in County Court), not indictment. As an ex-ASA, I have heard of cases being no actioned or later nolle prossed because a defense attorney showed the charges weren't warranted. But I never dropped--and have never heard of anyone dropping--a case just because a certain attorney was for the defense.<BR/><BR/>You are probably some dumbass "attorney" who was lucky to pass the bar and who gets his (or her) ass regularly kicked by the rookies in County Court. Despite the fact that you are a total failure, your ego stays so high your head can't get through the courtroom door.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19039943.post-18551082228171268242009-01-26T21:07:00.000-05:002009-01-26T21:07:00.000-05:00It is true that the trialmaster does not try as ma...It is true that the trialmaster does not try as many cases as he/she use to but my fees are very high and most in state court cannot afford a top quality defense. and, when the trialmaster files an appearance in most cases the pros. announces a no action or the indictment is dropped.The triallmaster is real, not fiction . Be assured, very assured.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19039943.post-85137546620402670412009-01-26T20:06:00.000-05:002009-01-26T20:06:00.000-05:00For purposes of appeal, how can it be proven that ...For purposes of appeal, how can it be proven that a judge imposed a "trial tax"? The plea offer is not necessarily the sentencing ceiling. Are we debating something that we have no real control over?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19039943.post-8010458392495472032009-01-26T17:24:00.001-05:002009-01-26T17:24:00.001-05:00Monday, January 26, 2009 4:02:00 PMBest case law q...Monday, January 26, 2009 4:02:00 PM<BR/><BR/>Best case law quote ever, great research.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19039943.post-9346956002146818172009-01-26T17:24:00.000-05:002009-01-26T17:24:00.000-05:00Thanks for that 3:00 p.m. list of former criminal ...Thanks for that 3:00 p.m. list of former criminal defense attorneys or public defenders. <BR/>Guess I know why you think that they are FAIR - or are they weenies?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19039943.post-87989995053147429202009-01-26T17:04:00.000-05:002009-01-26T17:04:00.000-05:00Rumpole,Looks like Lemon Johnson, featured in your...Rumpole,<BR/><BR/>Looks like Lemon Johnson, featured in your post of 12/9/08, got pinched by SCOTUS. http://www.supremecourtus.gov/opinions/08pdf/07-1122.pdf Turns out you were right to say that the Constitution forbids citizens from driving in cars. Who knew? Must be in one of those penumbras.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19039943.post-31035205934139739002009-01-26T16:02:00.000-05:002009-01-26T16:02:00.000-05:00From Wilson v. State, 845 So. 2d 142 (Fla. 2003) "...From Wilson v. State, 845 So. 2d 142 (Fla. 2003) "[t]he law is clear that any judicially imposed penalty which needlessly discourages assertion of the Fifth Amendment right not to plead guilty and deters the exercise of the Sixth Amendment right to demand a jury trial is patently unconstitutional. United States v. Jackson, 390 U.S. 570, 88 S. Ct. 1209, 20 L. Ed. 2d 138 (1968)." City of Daytona Beach v. Del Percio, 476 So. 2d 197, 205 (Fla. 1985) [**18] (quoting Gillman v. State, 373 So. 2d 935, 938 (Fla. 2d DCA 1979)). Therefore, although a guilty plea may justify leniency, see Smith, 490 U.S. at 802, an "accused may not be subjected to more severe punishment for exercising . . . [the] constitutional right to stand trial." Mitchell v. State, 521 So. 2d 185, 187 (Fla. 4th DCA 1988). <BR/><BR/>I will be the first to admit that Defendants get more breaks in Miami-Dade than any other Florida county; However, it is clear that a "trial tax" is unconstitutional and yet so pervasive. A first time DUI, low breath reading or refusal without an accident or threat of an accident should not get jail after trial, period. And yet, the tax is the norm, not the exception.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19039943.post-50914995895879291212009-01-26T15:00:00.000-05:002009-01-26T15:00:00.000-05:008:05:00 a.m., I can think of Stan Blake, Reemberto...8:05:00 a.m., I can think of Stan Blake, Reemberto Diaz, Mark Leban, Mary Barzee, Tony Marin, Rosa Rodriguez, William Thomas.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19039943.post-69802760825257693372009-01-26T10:47:00.000-05:002009-01-26T10:47:00.000-05:00L. Schwartz, with all his flaws never punished any...L. Schwartz, with all his flaws never punished anybody for going to trial.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19039943.post-30096701989362052232009-01-26T10:15:00.000-05:002009-01-26T10:15:00.000-05:007:44 have you ever thought that maybe the "trialma...7:44 have you ever thought that maybe the "trialmaster" is a fictional character meant to spark the ire of the humorless on this blog?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19039943.post-84107069391334807592009-01-26T09:28:00.000-05:002009-01-26T09:28:00.000-05:00Admit it Rump the only reason you started twitteri...Admit it Rump the only reason you started twittering is to flirt with the Colombian.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19039943.post-30392461730757737892009-01-26T08:05:00.000-05:002009-01-26T08:05:00.000-05:00There are very few real Judges in the criminal cou...There are very few real Judges in the criminal courts and by that I mean a Judge who is actually neutral and does not automatically side with the State. Pineiro is<BR/>the first obvious choice. Who can<BR/>name the others?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19039943.post-12189984507644934942009-01-26T07:44:00.000-05:002009-01-26T07:44:00.000-05:00Why do I have a strange feeling that The Trialmast...Why do I have a strange feeling that The Trialmaster doesn't "try" that many cases.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19039943.post-73871522178302657342009-01-25T21:56:00.000-05:002009-01-25T21:56:00.000-05:009:28 am. you are quite correct. the trialmaster ha...9:28 am. you are quite correct. the trialmaster has not lost a trial in many yrs. In fact, i was trying to remember the last lost and it goes back to the late 80s in a case with maximum morophonios. and it got reversed on appeal and I won it against carol king guarlnick the second time around. the trialmaster is not a bottom feeder and does not accept court appointments.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19039943.post-89167136119163052442009-01-25T21:00:00.000-05:002009-01-25T21:00:00.000-05:00Rehabilitation? Deterrance? Have you recently gra...Rehabilitation? Deterrance? Have you recently graduated from Drug Court, as a defendant?<BR/><BR/>Punish the defendants for the crimes they have committed against others. What was their impact on the quality of the victim's life? <BR/><BR/>All else is fantasy that they may teach you at judicial college, but is not related to the reality of crime and its impact.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19039943.post-32556716015007469282009-01-25T20:39:00.000-05:002009-01-25T20:39:00.000-05:00Giving defendants probation after trial doesn't ge...Giving defendants probation after trial doesn't get judges re-elected. Undercutting the state after trial or not giving a trial tax doesn't make the PBA happy.<BR/><BR/>Let's talk about reality. <BR/>It's not about doing the right thing, it's about doing the right thing to keep the job.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19039943.post-40817056406829988752009-01-25T19:13:00.000-05:002009-01-25T19:13:00.000-05:00I just returned from L'Auberge Carmel - the famed ...I just returned from L'Auberge Carmel - the famed Carmel restaurant. I will have some reviews up real soon. As the only cultured Justice Building attorney who really knows about restaurants and food, I am singularly qualified to comment on the Coq Au Vin, the ragout of duck legs, and other fine foods you cretins know nothing about.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19039943.post-88782774741293166252009-01-25T17:45:00.000-05:002009-01-25T17:45:00.000-05:00There's a sadness in the air. No more will the sta...There's a sadness in the air. <BR/>No more will the stands be filled with cheer. <BR/><BR/>The Dolphins lost<BR/>and the emptiness hangs heavy<BR/><BR/>no more will they run Ronnie Brown <BR/>and scream "That's another Miami Dolphins' first down."!!!Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19039943.post-55582962587531992602009-01-25T12:26:00.000-05:002009-01-25T12:26:00.000-05:00There actually was a judge who openly stated that ...There actually was a judge who openly stated that there was no "trial tax" in his court. Yet no one recognized it. I used to be a County Court Prosecutor who appeared at the Miami Beach Courthouse when Swartz was the judge there. He not only did not assess a "trial tax", in some instances he would give less or hammer the state into offering less even during trial.<BR/><BR/>I never understood why the defense bar disliked him so much. Most of us at the SAO thought he was too defense oriented.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19039943.post-42383652354504907172009-01-25T10:11:00.000-05:002009-01-25T10:11:00.000-05:00As a judge, I believe that no one should be senten...As a judge, I believe that no one should be sentenced to a large number of years unless they committed a crime that hurt other people, commtitted a violent crime or are repeat offenders of the worst kind. Of course, sentencing requires a consideration and balancing of the four reasons for punishment, i.e., rehabilitation, deterrence, retribution and incapacitation. Sentencing also requires consideration of all the statutory factors. <BR/>If a defendant is offered probation before trial and you, as the judge, believe that probation would be a fair sentence, you should sentence the defendant to probation after the trial. I have done that many times. When a judge sentences a repeat offender (a real one, not one who is just technically a repeat offender), that's a different story. The judge gets to see that rehabilitation has not worked so far and no one has been deterred with light sentences. Inadvertently, that judge arrives at a conclusion that a heavy sentence is required to punish the defendant and, more importantly, to incapacitate the defendant. This is especially true of defendants who have already been to prison for a similar crime and continue to victimize other people.<BR/>I believe that sentencing is the most difficult thing we do. It is the most troubling aspect of being a judge. Many times I have had a good lawyer and a family convince me to give a lower sentence because they have been honest and realistic. I highly respect all those lawyers who know how to handle moments like that.<BR/>I hope we can all use this forum as a respectful sounding-board to discuss matters like this one today. As judges, we do not get much feedback from the lawyers.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19039943.post-9643776443497179942009-01-25T09:28:00.000-05:002009-01-25T09:28:00.000-05:00This is a subject for the true bottom feeders. Th...This is a subject for the true bottom feeders. The Trialmaster's clients need not worry about sentencing, as The Trialmaster has not had a client convicted at trial in years.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19039943.post-46811830875919660732009-01-25T08:39:00.000-05:002009-01-25T08:39:00.000-05:00HERE WE GO STEELERSHERE WE GOPITTSBURGH'S GOING TO...HERE WE GO STEELERS<BR/>HERE WE GO<BR/><BR/>PITTSBURGH'S GOING TO THE SUPER BOWL!!!!!<BR/>(and we're gonna win it. Big. )<BR/><BR/><BR/><BR/>http://www.youtube.com/watch?v=z3uiCRr3dGEAnonymousnoreply@blogger.com