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.