tag:blogger.com,1999:blog-19039943.post5041318144317351541..comments2024-03-27T22:19:30.167-04:00Comments on THE BLOG: 3RD DCA ROUNDUPRumpolehttp://www.blogger.com/profile/08380575650255695462noreply@blogger.comBlogger26125tag:blogger.com,1999:blog-19039943.post-45421409737465316882009-04-24T22:03:00.000-04:002009-04-24T22:03:00.000-04:00Rumple
Every week FLW has caseafter case where th...Rumple<br /> Every week FLW has caseafter case where the State did not doa good jod and committed error. But the Courts created harmless error as away to saybad boy/girl prosecutor, but the Defendant whosuffered from the State's misdeeds still has to serve the time. A perfect example of the winkand we except it in State Court.<br />D.S.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19039943.post-89354701177527294812009-04-24T13:08:00.000-04:002009-04-24T13:08:00.000-04:002:52 "ANY...court"? That's a bold statement, frie...2:52 "ANY...court"? That's a bold statement, friend. But, for the sake of argument, we can pretend it's true. That was the point of the post regarding Arango. That little SCOTUS case from Ohio provided an exception to warrantless seizures: cops investigating crimes AND believing a suspect was armed and dangerous. Officer safety while investigating a crime is a legitimate objective to stop and frisk someone; one without the other, not so much. Convenience for the government is most assuredly not the reason the Fourth Amendment was written. But courts and legislators have essentially turned probable cause on its ear. Many of us want convenience for our babysitters, Constitution be damned. Take a peak at Navarro, cited in Arango, for police officers working within the confines of the Fourth Amendment: warrant obtained, suspects leaving the house with garbage bags and boxes, reasonable suspicion based on the fact that the cops knew a warrant had been issued. And prior to pulling Arango over, it is debatable (admittedly not so much in the Third District) whether the cop had enough probable cause to even get the warrant. Did the cops here have probable cause to grab Arango without one? Of course they did, according to the cop who was "suspicious" about the premises. But hey, some of us are fine with that.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19039943.post-72981533236010777392009-04-24T00:55:00.000-04:002009-04-24T00:55:00.000-04:00Roy Black already teaches a seminar at UM. (Which ...Roy Black already teaches a seminar at UM. (Which I took and enjoyed). I'm wondering if he'd take up teaching a class fulltime though and take time away from his practice. As it was we had Srebnick fill in for quite a while due to Black trying a case in the middle of the semester.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19039943.post-76404603756888548712009-04-23T21:41:00.000-04:002009-04-23T21:41:00.000-04:00alex acosta is on his way to becoming FIU's Colleg...alex acosta is on his way to becoming FIU's College of Law Dean. I heard it from an insider. He is hiring Roy Black to teach criminal law and evidence. Good move.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19039943.post-39468449054992069412009-04-23T21:17:00.000-04:002009-04-23T21:17:00.000-04:00Just a thought:
I wonder if defense attorneys eve...Just a thought:<br /><br />I wonder if defense attorneys ever make improper comments in their closing arguments?...<br /><br />Hmmmmmmm...<br /><br />I wonder if their clients are ever acquitted in spite of the trial Court's instruction to "disregard."<br /><br />Hmmmmmmmmmmm....<br /><br />No 3rd District Court of Appeals opinions (or scrutiny for that matter) on these......no?<br /><br />I suspect you would call that "great lawyering" and congratulate these "defenders of the Constitution."<br /><br />Your hypocrisy grows tiresome. You sSanctimonious windbags that chime in make me reach for my barf bag.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19039943.post-1441793284712516612009-04-23T20:54:00.000-04:002009-04-23T20:54:00.000-04:00When did the State Attorney's Office start chargin...When did the State Attorney's Office start charging money for providing copies of audio and videotapes?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19039943.post-42877083259956927832009-04-23T19:46:00.000-04:002009-04-23T19:46:00.000-04:00Could Ada be headed for Univision/Telemundo duty? ...Could Ada be headed for Univision/Telemundo duty? Who will take over La Corta de la National in Hialeah?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19039943.post-72299292160563119252009-04-23T17:30:00.000-04:002009-04-23T17:30:00.000-04:00Why did Pozo resign? I wish her the best, she was...Why did Pozo resign? I wish her the best, she was nice to appear before.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19039943.post-27475106638434800912009-04-23T15:04:00.000-04:002009-04-23T15:04:00.000-04:00THE CAPTAIN REPORTS:
BREAKING NEWS.....NEW JUDGE ...THE CAPTAIN REPORTS:<br /><br />BREAKING NEWS.....NEW JUDGE ALERT .....<br /><br />For the first time in over a year, the JNC will get back to work in Dade County. (Was the last appointment in this County Flora Seff ???)<br /><br />County Court Judge Ada Pozo has resigned effective May 28, 2009.<br /><br />If I am not mistaken, I believe she beat former County Court Judge Jeffrey Swartz - who coincidentally filed last week against sitting Judge Peter Camacho Adrien.<br /><br />If you want to be a County Court Judge, get your Application in to the JNC.<br /><br />Of course you should also watch Tallahasse closely this coming week as they decide whether to cut Judges' salaries by 4-5% along with the rest of the State employees.<br /><br />CAPTAIN OUT .....CAPTAIN JUSTICEhttps://www.blogger.com/profile/12179932096244679236noreply@blogger.comtag:blogger.com,1999:blog-19039943.post-48928466804067270842009-04-23T14:52:00.000-04:002009-04-23T14:52:00.000-04:00i am sorry but the arango case, obviously from the...i am sorry but the arango case, obviously from the description of the case in the opinion and without the benefit of additional facts that the defense would have raised, is not a close call. it is clearly correct given the supreme court's cases about reasonable suspicion and the officers' own observations. and ultimately the officers did what we would want them to do - get a warrant for the search. there is no fourth amendment violation since the search and seizures were "reasonable" and the court issued a "warrant." you defense lawyers take such exagerated positions that you really lose credibility. even if rump is right that the third dca bends over backwards for the prosecution, which i can't dispute involving certain judges, you miss the mark when you don't put things in context. ANY appellate or federal judge would agree with Arango. Wrong example to point to.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19039943.post-33120316157085917932009-04-23T13:16:00.000-04:002009-04-23T13:16:00.000-04:00Lazy police work is again rewarded in State v. Ara...Lazy police work is again rewarded in State v. Arango at the expense of the Fourth Amendment. Some of us will miss it when it's gone.<br /><br />And the concurrence in Williams is "full of sound and fury, signifying nothing."Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19039943.post-49557631501575837882009-04-23T12:47:00.000-04:002009-04-23T12:47:00.000-04:00I agree with 9:59 completely since Rump is a silly...I agree with 9:59 completely since Rump is a silly little whiner. He never acknowledges the overwhelming evidence of guilt as the reason why a reversal was not required. He pities the little attempted murderer while at the same time castigating the prosecutors. real judges have to balance things to render justice, and here justice required affirmance. That being said, i agree with the other comment about how judge rothenberg is such a prosecutor apologist. Thank god for Judge Ramirez who calls them as he sees them. But of course Rump ignores that since he is too busy worrying about the shooter's poor upbringing that caused him to fire multiple gunshots at people. give me a break.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19039943.post-56343906233480994732009-04-23T10:52:00.000-04:002009-04-23T10:52:00.000-04:00Who was the prosecutor who made that argument? It...Who was the prosecutor who made that argument? It was in ROC court with Judge Jimenez.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19039943.post-80234797570123206052009-04-23T09:59:00.000-04:002009-04-23T09:59:00.000-04:00The concurrence in Williams is worse than the majo...The concurrence in Williams is worse than the majority. The concurrence acknowledges that the prosecutor completely fabricated portions of the closing argument, and that the trial court was complicit in this fabrication. But the end result? <br />No problems. The clear message is that prosecutors and trial judges are free to make stuff up in Court.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19039943.post-17315328123821363372009-04-23T09:15:00.000-04:002009-04-23T09:15:00.000-04:007:28 am - the concurrence cited the illegal and im...7:28 am - the concurrence cited the illegal and improper arguments. I agree that the majority should have also.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19039943.post-60539556099608891862009-04-23T07:28:00.000-04:002009-04-23T07:28:00.000-04:00Did you notice that Prosecutor on the Bench Rothen...Did you notice that Prosecutor on the Bench Rothenberg did not publish the illegal arguments by the prosecutor? At least the Third is consistent.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19039943.post-79407809771531666292009-04-23T00:11:00.000-04:002009-04-23T00:11:00.000-04:00The Rankmaster believes the yet to be published 5t...The Rankmaster believes the yet to be published 5th DCA roundup is better than the 3rd DCA roundup.Rankmasternoreply@blogger.comtag:blogger.com,1999:blog-19039943.post-2434173851060888952009-04-22T22:29:00.000-04:002009-04-22T22:29:00.000-04:00Agree with 4:48. The concurrence in Williams was ...Agree with 4:48. The concurrence in Williams was remarkable and should be posted. Judge Ramirez going to start publishing the names of the prosecutors. Can you say paper trail for the Florida Bar.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19039943.post-41669759798338306152009-04-22T21:59:00.000-04:002009-04-22T21:59:00.000-04:00rump you are such a whiny little bitch. if the thi...rump you are such a whiny little bitch. if the third reverses a denial of a motion to suppress you jerk off all over your computer but if they do the opposite you start whining like a little bitch. you sound like all these republicans whining fascism, socialism communism just cause the election didnt go their way.<br /><br />grow upAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-19039943.post-38138942385501162172009-04-22T21:13:00.000-04:002009-04-22T21:13:00.000-04:00Rumour has it that Judge Peter Adrian Camacho has ...Rumour has it that Judge Peter Adrian Camacho has asked to be appointed as U.S. Attorney for the Southern District.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19039943.post-55975548051824897792009-04-22T20:25:00.000-04:002009-04-22T20:25:00.000-04:00If you say marriage should be between a man and a ...If you say marriage should be between a man and a woman, you get called a dumb b****.<br /><br />Whatever happened to tolerance? The heterophobes are on the rampage...Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19039943.post-89239707118389602602009-04-22T20:16:00.000-04:002009-04-22T20:16:00.000-04:00Karen Mills-Francis for U.S. Attorney.Karen Mills-Francis for U.S. Attorney.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19039943.post-8469376145886383792009-04-22T18:05:00.000-04:002009-04-22T18:05:00.000-04:00Tell me it ain't so. Alan Schwartz being "honored"...Tell me it ain't so. Alan Schwartz being "honored" ?Give me a break, what about IN RE SCHWARTZ and the manner in which he treated Professor Ronner as well as others through out the years. Besides Lapidus and frankel I can not imagine anyone else attending.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19039943.post-4274306373514997002009-04-22T16:48:00.000-04:002009-04-22T16:48:00.000-04:00Rump - the concurrence in Williams was QUITE a bit...Rump - the concurrence in Williams was QUITE a bit stronger than the majority. Don't you think THAT portion should be posted? It still amounts to the Court shaking their finger at the state and saying don't do it again - but still, at least the language is stronger.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19039943.post-91736015907281956982009-04-22T15:49:00.000-04:002009-04-22T15:49:00.000-04:00Miss California for SoFla U.S. Attorney. She is s...Miss California for SoFla U.S. Attorney. She is soooo hot! She can do anything! Gotta luv those California girls!Anonymousnoreply@blogger.com