RARE EVENTS

Today/Tonight is the winter solstice (when the sun is at the lowest point in the northern sky for the year) and a lunar eclipse!

"So what's so special about that?" you say? Well, it happens about once every two thousand years. According to the Washington Post, the last time both events occurred on the same day was in 1638 or perhaps 1544 (either way it was a long time ago, even before there were lots of Starbucks. )

OUR LAWLESS 11th CIRCUIT COURT OF APPEALS:

Speaking of rare events, Judge Scalia is upset and he's dissenting from a denial of certiorari in Allen v. Lawhorn. First, let us say that once again we are forced to confront activist judges who want to legislate from the bench and thank goodness there were five level headed judges who were wise and "conservative" enough to let the lower court ruling stand.

Lawhorn is an inmate who was sentenced to death by the great state of Alabama (motto: "commit a crime here and die") . The 11th Circuit overturned the sentence finding that Lawhorn's trial counsel for the sentencing phase was ineffective.

The mistake at issue is that Lawhorn's counsel waived closing argument in the sentencing phase of the trial under the mistaken belief that waiving would have prevented the prosecution from giving a closing argument. Lawhorn's counsel objected when the prosecution went to give a closing argument but the objection was overruled. The 11th Circuit found that the error was not a reasonable strategic decision but an erroneous belief. The US Supreme Court refused to grant cert, so the decision stands, and DOM's favourite judge and "best-est" friends to defendants everywhere just can't sleep at night knowing another one has slipped through his fingers.

Scalia's beef (a legal term meaning "what really bothers someone when they lose...")?

That the AEDPA (anti terrorism and effective death penalty act) requires federal courts to give state courts great deference in interpreting the law, and that great deference combined with the fact that the supreme court has never held that a failure to give a closing argument is ineffective assistance of counsel under Strickland v. Washington, is such that no reasonable federal court anywhere could ever grant any defendant sentenced to death any relief after his claim has been denied by a state court.

Put another way, Scalia is saying : "We all know Congress meant to say that a defendant's habeas claims should never be granted, especially in death penalty cases, and this case is an intolerable example of a defendant winning. No defendants should ever win a habeas claim. Ever. That's why they call it the 'great writ' "

In raging against his brethren Scalia takes time out to diminish the impact of closing arguments ("not evidence" and mere fiddle-faddle) while conveniently overlooking that even without a closing argument, one juror had recommended life and in Alabama at that time three jurors were enough to recommend a life sentence.

And what about the very clear mistake Lawhorn's counsel made in waiving a closing argument by mistake? To Scalia it's a mistake that can be reasoned away. For the rest of the educated universe, most of us are not comfortable with the government killing a citizen based on a proceeding in which a fundamental process was fumbled away in error.

Scalia just can't live with a court system not geared to kill its litigants as this passage makes abundantly clear:

It has been over 21 years since Lawhorn was sentenced to death. Alabama should be not barred from carrying out its judgment based on a federal court’s lawless speculation. I would not dissent from denial of certiorari if what happened here were an isolated judicial error. It is not. With distressing frequency, especially in capital cases such as this, federal judges refuse to be governed by Congress’s command that state criminal judgments must not be revised by federal courts unless they are “contrary to, or involv[e] an unreasonable application of, clearly estab- lished Federal law, as determined by the Supreme Court of the United States,” 28 U. S. C. §2254(d)(1) (emphasis added). We invite continued lawlessness when we permit a patently improper interference with state justice such as that which occurred in this case to stand. We should grant Alabama’s petition for certiorari and summarily reverse the Eleventh Circuit’s judgment.

So there you have it: What does Justice Scalia think of our 11th Circuit? "Lawless speculators." If we called them that you can bet the Marshals would be hunting down our ISP address so we could be hauled before the Court in irons to explain ourself. But if Scalia calls them that, well......

CHRISTMAS WEEK

Anybody in trial? We think Judge Cooke in Federal Court was starting a trial today, but you know those guys over there...scrooges one and all (even nice ones like Judge Cooke.)

DOM Picked the Giants on Sunday and boy was that ending a shocker! We kept saying all day long Vick would lead a comeback, but we didn't see it ending that way. We like the Eagles to go to the Super Bowl. They seem to be a team of destiny.

Lame Duck Legislative Sessions? Keep em or tube em?

Giving credit where it's due: For 364 days a year we criticize Broward and the Broward SAO. But today we're giving them props for their office Christmas Party last Thursday benefiting HANDY (Helping Abused and Neglected Abandoned Youth). The Sun Sentinel Article is here and yes, that's Chief of Homicide Brian Cavanaugh playing Santa.

Fun fact: As near as we can tell, the Dade SAO does NOT have a homicide unit. How is that possible?

Our Holiday Wish? To get through the end of the year without any more bad news and to hope that those colleagues and friends of all of ours who have a very very tough December eventually find some peace and the strength to carry on.

See You In Court.

NFL WEEK 15 2010

We're going to try and get back on track with some old favourites, specifically the Eagles, in New Jersey, getting 3 points playing the Giants. Risking 300 Andy Reids on this game.

We also like the Saints at the Ravens. The Ravens barely squeaked out an OT win last Monday night, while the Super Bowl Champs are peaking at the right time and are fighting for the division with the Falcons. The Saints have more to lose here and are the better team. We'll take the Saints getting 1.5 in our battle with Mr. Markus and we'll also risk 300 Brees to boot.

Houston at Tennessee. The number here is 47.5 and that seems high so we'll take the under for 300 as well.

It's been another tough week at the REGJB so forgive us if we are lacking in the normal Joie de Vivre. The year can't end quickly enough and hopefully good times and healing times are ahead in the new year.

IS JUSTICE BLIND?

Update: We've added a little something to the blog, but it's not readily apparent. You need to search for it.

Prize: A nice bowl of some "delish" leftover chip-dip from DOM's big Holiday party soiree. And if you missed it, you missed some great dip.

“That Justice is a blind goddess

Is a thing to which we black are wise,

Her bandage hides two festering sores,

That once perhaps were eyes.”

Langston Hughes, 1923.

The title of the post links to a NY Times article on a new book arguing against the concept that Lady Justice was meant to be blind.

From the article:

"Lady Justice’s familiar blindfold did not become an accessory until well into the 17th century. And even then it was uncommon because of the profoundly negative connotations blindfolds carried for medieval and Renaissance audiences, who viewed them as emblems not of impartiality but of deception (hence the early use of the word hoodwink as a noun, meaning a blindfold or hood).

Sight was the desired state,” Professors Resnik and Curtis write, “connected to insight, light and the rays of God’s sun.” Even in modern times the blindfold continues to fit uneasily in Lady Justice’s wardrobe, used as a handy prop by political cartoonists and a symbol of dysfunction by others.”

Meanwhile the federal courts burn under the weight of heavy case loads and not enough judges, while the senate fiddles and conservative senators attempt to obstruct nearly all of Obama's nominees.

If elections have consequences, then the federal judiciary is one of them.

MORE EXPERIENCED JUDGES?

We don't have the link to it, but we read in the Bar News that a Florida Legislator is proposing language raising the minimum time an attorney can be eligible to become a judge from five to ten years. The article references one new Dade Judge-elect, Gonzalez-Paulson, as an example of someone with barely five years experience ousting a very experienced Judge. We think the change is a good one.

Enjoy the weekend. Football picks this Sunday for some extra holiday dough.

TOY DRIVE THURSDAY

Thursday at the PDs office there is a CLE seminar from 12:-1:30. It is free and lunch is provided (expect to see a lot of robes blowing in the frigid breeze as they hustle over to 14th street to grab the free grub.)

Price of donation for attorneys is one unwrapped toy which will be donated to the Chapman Center and given to an underprivileged child for the holiday.

The listed guest speaker is advertised as "Judge" Milton Hirsch (he just can't wait one minute longer, can he? Word to the wise- don't count your gavels until Judge Brown hands one to you.)

The topic is something like "my brilliant victories" or "six easy steps to becoming chief judge" or some other entertaining topic.

Anyway, a shout out to Transitions Recovery Inc., for what is always a delicious spread (ask any robed reader) and their generosity in helping secure toy donations.

See you in court, but not there, even if they serve caviar and lobster.

In March, 3rd DCA Judge Milton Hirsch will give another lecture, and then after the August recess, US Supreme Court Justice Milt Hirsch will give a speech entitled "greatest cases I have decided." Until then.....

JAIL VISIT GUIDELINES UPDATED

OK, we're back. Sort of. Not really into it, but we'll try.

From Rick Freedman comes this jail visit update:

The new policy, outlined below, which goes into effect December 15, 2010, is listed here on Correction's website (they also have great deals on amazon dot com electronics)

In June of this year I began meeting with the Miami-Dade Department of Corrections & Rehabilitation. I met several times with Director Tim Ryan as well as his legal staff. I presented them with our concerns. We wanted all attorneys that were licensed members of The Florida Bar to have unbridled access to inmates at all MDCR facilities. We objected to the policy that only permitted attorneys of record to have face to face visits with inmates, while all other attorneys were forced to have a barrier visit (under glass) with the inmate.

MDCR explained to me on several occasions that their primary goal was always "safety and security". They were also concerned about several instances where attorneys were not following the MDCR rules and where some attorneys had allegedly violated the law. They did agree that it was unreasonable for each facility to have different rules depending on the day of the week, time of day and whom the shift commander may have been on any given day. While it took some time, they finally understood that they were making it very difficult for private counsel to interview potential new clients at the jail with a glass barrier separating the attorney from the client. I explained to them that going over A forms, OIR's, exhibit lists, depositions, diagrams, etc. required interaction that could not be effectively accomplished with a barrier. I also explained that there were several instances where an associate of a law firm could not even see the firm's client face to face if the partner of the firm was the attorney of record and the associate was there to see the client.

After several months of negotiations, MDCR did finally agree to relax the barrier rule. All licensed attorneys will now be permitted to see inmates at all facilities within MDCR without having to do so under glass. The new rule states that "an inmate shall only be allowed a one hour attorney visit, twice per day, by an attorney, not listed as the attorney of record by the Clerk of Courts." After two attorney visits, all other wishing to see that same inmate on that same day, will have to do so under glass. (If you are an associate from a firm that represents the inmate, you should bring with you a document from the firm on letterhead that explains your relationship to the client). Also, make sure that your letterhead address matches your Florida Bar address listed on the Bar's web site.

Please be aware of the recommended visitations times. Also, on a separate note, if any of our members have not already registered their law office number with MDCR "Do Not Record List" they may want to take this opportunity to follow the rules attached and do so now.

MDCR will be implementing these new policies effective December 15, 2010. They understand that there will be instances where a MDCR employee may not understand the rules the way you understand them. Please make every attempt to discuss the issue with the Shift Commander if at all possible. MDCR is doing their best to make sure that all employees of their department are aware of these new policies.

If any of our members have any questions or comments, please feel free to have them email me and I will attempt to answer the question myself or direct them to the person at MDCR who can answer their question.

I hope these new policies and procedures help make our members' lives a bit easier when visiting an inmate in Miami-Dade County.

Rick Freedman

Thank you Rick. Great job.

**ALERT** IF YOU HAVEN'T DONE SO ALREADY, GO TO THE WEBSITE LISTED ABOVE AND REGISTER YOUR OFFICE PHONE NUMBER ON THE "DO NOT RECORD LIST"

DON'T SAY WE DIDN'T WARN YOU.

Thought of the day:

Out of the night that covers me,
Black as the pit from pole to pole,
I thank whatever gods may be
For my unconquerable soul.

In the fell clutch of circumstance

I have not winced nor cried aloud.
Under the bludgeonings of chance
My head is bloody, but unbowed.

Beyond this place of wrath and tears
Looms but the Horror of the shade,
And yet the menace of the years
Finds and shall find me unafraid.

It matters not how strait the gate,
How charged with punishments the scroll,
I am the master of my fate:
I am the captain of my soul.

INVICTUS,

-William Ernest Henley-

REST IN PEACE ROBERTO PINEIRO

UPDATE: While we could not attend the funeral Sunday, we have received several emails confirming an astonishing fact: that two of Rob Pineiro's closest friends who eulogized him mentioned this blog! We are humbled. We are told that one of his best friends quoted our brief statement that "he was not a good man, but a great man....that he was not a good judge, but a great judge." Again, we are humbled.

I take this opportunity to say something I have never told anyone: Rob Pineiro was responsible for our chosen identity. It was many years ago, when Rob was in County Court when, sitting in his chambers we saw some videos of the Rumpole of the Bailey series. Rob was always such an interesting fellow, and all of us should learn from his examples, including that there is a life outside of the law. If he was interested in something, that was good enough for me. After we spoke about Rumpole for a few minutes I went out later that day and was able to secure an "Omnibus Rumpole Reader"- a large collection of many of the short stories that make up the Rumpole collection. I was hooked. Many years later when I was toying with the idea of starting the blog I again found myself in Rob's chambers, by now he was in Circuit Court, and there staring at me were those Rumpole Videos! An idea began to take shape.....

I was always immensely gratified that during the first few months of the blog's existence, and then from time to time over the years, I would receive an email from Judge Pineiro, or he would write a thoughtful comment. If in no one else's eyes, then surely in my eyes, it conferred legitimacy on my silly endeavors.

I don't know everything that was said at the service, but I can only imagine that there were more than a few laughs, more than a few tears, and tremendous sadness about someone so wonderful leaving us at such an early age. A hundred years from now little of this will matter. But one thing will remain: Rob Pineiro used the considerable talents the good lord gave him to leave this earth, this county, our city, and all who knew him, better off for him having been a part of our lives. Truly, the good he did will live well beyond all of our limited years.

Once again, rest in peace.

Today we bury a friend and colleague.

ROBERTO PINEIRO

The title of the post links to an expanded article by Herald writer David Ovalle and it is an excellent piece.

A memorial service will be held at 2 p.m. Sunday, Dec. 12, 2010, at Temple Beth Moshe, 2225 NE 121 Street, North Miami, Florida 33181.

Burial will be at Lakeside Memorial Park, 10301 NW 25th Street, Miami, FL 33172, immediately following the service.

In his honor, the flags at all Miami-Dade Courthouses are being flown at half-staff.

From: Brown, Joel

Sent: Thursday, December 09, 2010 12:53 PM

To: All Judges JAs and Court Staff

Subject: Judge Pineiro

I am deeply saddened to inform you that our dear friend and colleague, Judge Roberto Pineiro has passed away.Judge Pineiro served this community with the utmost distinction since being appointed to the County Court in 1989 and again to the Circuit Court in 1996.Judge Pineiro will be remembered for his strong work ethic and unfailing devotion to justice. His legacy will always remain steadfast in the hearts and minds of our entire court family and so many others whose lives he has touched during the past two decades.Our heartfelt condolences go out to his family. We have all lost a true champion and a pillar of justice.

This is a very sad day.

Judge Joel H. Brown

Rumpole says: Roberto Pineiro was not a good man, he was a great man. He was not a good judge, he was a great judge. He served his community and made this a better place to live for all of us. He was dedicated to his family and this is a loss that hits all of us hard. Words cannot express how sad a day this is. The flags are at half staff at the REGJB and deservedly so.

JUDGE ROBERTO PINEIRO REMAINS IN THE HOSPITAL

UPDATE: Rob Pineiro's condition remains extremely serious. As several comments have indicated, including an eloquent statement by our State Attorney Ms. Rundle, his wife Barbara appreciates all the well wishes and prayers but wants to make sure everyone knows that this is a very personal time and the family wishes to be with him at the hospital without anyone outside of the family, no matter well intentioned, being present. I am certain everyone who counts Rob Pineiro as a friend, and who has been praying for him, will respect his family's wishes.

Judge Pineiro had a stroke. His condition is serious.

This is a great man who has touched so many lives in the course of his work and life.

Please take a moment today to reflect on how fragile life is and to keep Rob Pineiro and his family in your thoughts.

We are praying for him.

Earlier today we had received erroneous information that was confirmed by two separate sources. It is not correct. We truly regret any pain this has caused Rob Piniero's family.

BAH...HUMBUG!

UPDATE: The temperature will dip down tonight into the low 40's and perhaps the high 30's as you move inland away from the ocean. Tomorrow the high will be 60 and the low will be 40. Time to turn on those heaters and dress warmly.

UPDATE: The Governor selected ASA Charlie Johnson as your next County Court Judge. The selection is a good one.

Just to show you all that we're not hard hearted, we pass on this FACDL memo on the holiday toy drive:

The box for collection of toys for the Champman Center children is now out in front of Judge Colodny's chambers (rm. 322) and is ready, willing, and able to accept your donations. Since the age range of the children at the center is 0-17 we are also accepting gift cards in the amount of $15.00 for Target, Wal-Mart, etc. to be given to the older kids. If you are not able to bring the toy/gift card by the courthouse you can also bring your gift to the Dade County Bar Association office located at 123 NW 1st Avenue Suite 214 between 9:00 am-5:00pm. Finally, just as a reminder to those who plan on attending the FACDL Holiday Party, this year as opposed to charging a fee for the CLE credits and luncheon we are asking that everyone drop off a new toy at the door.

Ho ho ho...

Put a fork in the Fins, they're done this year. Go J...E...T...S....tonight.

David O is all atwitter at the 9th Circuit televising oral arguments today. Check it out.

Dandy Don Meridith has passed on.

See You In Court.

NFL WEEK 13 2010

First the numbers- 1-2 last week, 24-17-1 for the season, +1880 for the year. Both DOM (7-5-1) and Rumpole (9-3) lost last week. This week Mr. Markus hops on the struggling Colts -5 at home against the resurgent Cowboys.

Tough week, not a lot of games look good with our metrics.

The Redskins travel to New Jersey to play the New York Giants. The o/u is 43. The history in this matchup is that the over has consistently paid off for the last 5 years. It is something like 9-1. Somehow we are leaning towards the under. However, we'll go with the numbers and take the over 43 for 300 and in our titanic struggle with Mr. Markus with a K.

Atlanta at Tampa Bay. Who has Tampa beaten with a winning record? No one. The Falcons -3 are the pick for 300.

J..E..T..S Jets Jets Jets. The Patriots are on a roll. Their dinky-dunky offense, revamped without the long ball when they sent Moss packing, is clicking. Give us a real team with a real defense and a real running game any day of the week. Forget the line. This game comes down to a point either way. So take Gang Green with no points and get +175 for every 100 you risk.

Jets- risking 200 to win 350.

COLODNY JQC CASE CLOSED

The title links to the Florida Supreme Court Decision.

Judge Colodny has a date in Tallahasee for a public reprimand by the Florida Supreme Court. Since the Court tapes its proceedings, you will be able to tune in and watch the Chief Judge yell at her.

Judge Colodny received a public reprimand and a 5K fine for not timely disclosing a $125,000.00 loan made by her parents to her campaign. The loan was disclosed, just not within the ten day time period required. Additionally, the Court found that her behavior was less egregious than some of our other Judges in Miami because she did not lie or otherwise intentionally misrepresent the loan before getting caught with her finger in the loan jar.

Ho Hum.

While Judges continually sentence defendants to prison even though they plead ignorance, our own Judges get yelled at for similar behavior. Not to say Judge Colodny deserves anything more, it's just that our judiciary and our prosecutors often leave little room in their decision making process for the mistakes our clients sometimes make (and obviously we're not talking about violent crimes), while whenever they get caught, they automatically say it was an "Oversight" or a "unintentional mistake."

See You In Court, and in case we didn't make it clear, Judge Colodny is by all accounts doing a good job and deserves a second chance.

LIFE IN PRISON

That was the jury recommendation Thursday night for Grady Nelson, a defendant before Judge Jackie Scola in a trial that has been going on for the last several weeks. A great defense was set forth by Terry Lenamon and David S. Markus and they saved this man's life.

The facts of this troubling case are quite frankly too troubling to be detailed here in public.

Lawyers who handle death penalty cases will be watching this appeal closely as the defense was allowed to present QEEG evidence over the strident objections of the prosecution, although with the life verdict Rumpole is not sure if the prosecution can raise the issue on a cross appeal on a case that will now be appealed only on the guilt phase issues.

Abbe Rifkin did her normal great job for the prosecution, and the people of Dade County should be thankful for prosecutors like her and Joel Rosenblatt and Hilah Mendez who also worked on the prosecution's case.

Meanwhile in Broward the Leyritz DUI came to an end yesterday with a sentence of probation and community service. An amazing job by Bogenschutz comes to a successful end.

Enjoy your weekend, football picks Sunday. See You In Court.

FIRST POST IN DECEMBER 2010

UPDATE: The JAA Broward Blog reports that controversial Judge Cheryl Aleman has passed away after a bout with lung cancer. Their blog has all the details.

Good Thursday morning! It's December 2, 2010 and the year is winding down.

When the sun rose this morning at 6:51 am we were already back in our abode having completed a leisurely bike ride. It was a very pleasant 52 degrees and the weather will be in the 50's in the mornings for at least the next week.

OUR NEW FEDERAL JUDGE?

As reported on several other blog sites, former REGJB Judges Bagley and Scola have had their name sent on to Florida Senators (Bill Nelson and Senator elect Marco Rubio) for recommendation to the President to replace Judge Huck. Both Judges got their start as prosecutors in the REGJB under Janet Reno, which is just further proof that Ms. Reno had a great eye for talent and integrity. Magistrate Judge O'Sullivan, who cut his teeth in the US Attorneys Office was also on the list, and for a former fed, he's not a bad guy. No Miami Federal Magistrate has ever been elevated to US District Judge, although several have made the final cut. Bagley and Scola made the final cut last time when Federal Public Defender Kathy Williams was nominated.

JUDGES WHO APPLY TO BE PROSECUTORS:

A commentator yesterday pondered the propriety of sitting Judges applying to be a prosecutor- United States Attorney, or currently Statewide Prosecutor. Is that an appearance of impropriety? Would a siting judge in criminal court who made the final cut be less likely to grant a motion to suppress or a JOA, especially in a serious or high profile case?

NEIL RODGERS:

For those of you who have been in Miami before there were Starbucks, you remember long time radio host Neil Rodgers. Neil, according to the Herald, is back in Miami for open heart surgery this Friday and we wish him well.

See You In Court.

THE HEAT IS ON (the downslide)

UPDATE: This just in: Hurricane season is over! A quiet season that spared South Florida is just another reason we are thankful this holiday season.

Best of Luck to Miami Candidates Judge Andrew Hague and Attorney Jeffrey Swartz as they interview for the job of Statewide Prosecutor. 5 lawyers applied.

And lets send a little luck to the 99's- those are the people who have been looking for jobs for the last 99 weeks whose unemployment benefits are set to run out today. The Herald reports here.

And if you're a Republican make sure you proudly trumpet your desire to deny 2 million of our felllow citizens continued benefits while you furiously work to make sure to add 700 Billion dollars to the deficit by permanently extending the Bush era tax cuts to everyone making over $250,000.00 a year. Trust us, we know how hard it is to afford that NetJet card on income less than a million. The tax cuts will surely help keep us out of the airport security line.

The Feds interviewed the candidates to fill Judge Huck's seat on Tuesday. Speed is an asset that is a must for the job.

The poor Heat continue to stumble along just barely above the .500 mark, and now rumors are circulating that the coach is in hot water, especially since the NY Times is reporting he and James got physical with each other in the last game. Rumpole says there is no W(ade) in TEAM, nor is there a J(ames) and it is time to pull the plug on this fiasco, trade away the aging, over paid stars, and start anew with a TEAM of committed and hungry players.

Need something done in Judge Ward's division? Stop by and see one of your favourite retired Judges who will be manning the gavel until the New Year when Newly minted circuit judge Beth Bloom blossoms in the division.

FUN WITH 924(C)

Carry a gun during a crime, and in Federal Court it's an additional 60 months consecutive. However, courtesy of the SCOTUS Blog, there's this "kinda-sorta" exception announced in Abbott v. US.

A federal sentencing enhancement provision requires an additional five year sentence for anyone convicted of possessing a gun during a crime of violence or drug trafficking, "except" to the extent a greater mandatory minimum sentence is required by "any other provision of law." The Court held that this exception applies only to statutes covering the same kind of conduct as the enhancement provision and not to cases in which the defendant is also convicted of a different kind of crime that has its own minimum sentence of more than five years.

THOUGHT:

Law as a business will survive this recession. Law as a profession probably won’t, not at the prices these law schools are charging.

Brian Tannebaum, the man, the myth, the legend, getting a hat tip for his "my law license" blog at ATL.

JUSTICE STEVENS

If you didn't catch it on 60 minutes last night, this interview with Justice Stevens is well worth the time. His insights on court issues large and small are gems. His criticism of Bush v. Gore is right on the money as is his view on Citizens United. Both cases show that "conservative" judges have no problem with legislating from the bench and being "activist" so long as the issue is important to their cause. Stevens wrote in dissent in Citizens United that he feared for the court. He is not alone in his fears.

NFL WEEK 12 2010

Good Sunday morning. The Dolphins are in Oakland and we're in a zone.

We won our Turkey Day pick when the Cowboys came storming back in the second half and lost by three while getting four at home against the Saints. We're 23-15-1 for the season, +2420 for the season and 9-2 against DOM (7-3-1).

Jacksonville Jags at NY Giants. The Giants are -7 at home and the o/u is 44.5. We like the Giants but we'll take the under, for 100 Elis.

The Colts are -3 at home against the now worst coached team in the league: The Chargers (Vanilla Phillips having finally been fired in Dallas). We like Indy as our pick in our battle against Mr. Markus, and we also like the Colts -3 for 200.

"Riding that pick....his name is Vick...." The soon to be NFC Champion Philadelphia Eagles are in Chicago where Da Bears are a home dog getting 3.5 points. Bears don't like dogs. The feeling is mutual. Eagles and Vick -3.5 for 400 Bruins.

BLOG MAINTENANCE

NFL TURKEY DAY: One more time because we never learn: Cowboys at home +4 over Saints for 100 Turkeys.

UPDATE: Sometimes Judges do good things, and sometimes Governors elevate good Judges. Governor Charlie Crist has appointed Miami Circuit Judge Kevin Emas to the 3rd DCA and it is a great appointment. Congratulations Judge Emas, who takes the spot of Judge Cope. Well done.

"Here Kitty kitty" Update: What kind of animal would do that to a cat? Some kind of animal apparently and not a person, and that was good enough to put to an end the long and difficult case of Tyler Weinman who had previously been charged with being a serial cat killer. The Herald has the purrefect details here . Our hardworking State Attorney took time from a vacation to say this:

``They peeled back underneath the skin and found puncture wounds and that was the end of the case,'' Fernández Rundle said. ``This is a classic case of scientific evidence trumping a circumstantial case.''

Rumpole says: This is a classic case of the SAO once again filing charges first and sorting it all out later. Same old song, but with a different beat.... Kudos to David Macey for sticking with the case and believing his client.

A few house keeping matters this short holiday week.

A thank-you to the Captain for remembering our birthday last week. You know how it is, the older you get the less you like your birthdays. Just how many Heat seasons has it been since some cocky federal lawyer shot his mouth off to the press that before the end of basketball season our identity would be known? He thought he was dealing with an amateur.

As old as it is, creaky knees and all, the blog will be down for a spot of maintenance for a few days during the holiday season. Rest assured we will be ever vigilant in case one of our dear robed readers get caught doing something stupid. But otherwise it's time to change the oil and rotate the tires on this lorrie.

Worry not that we will over indulge and you will wake up one day soon with the blog's familiar colours and beloved polka dots changed, ala the unfortunate circumstances over at the blogs run by DOM and South Florida. We abhor change of any type. That will not occur.

And wasn't there some sort of coup de tat over at South Florida? Civil lawyers will do that-stab each other in the back for an extra buck.

Enjoy your holiday but watch what you eat. It was Ben Franklin who opined : "To lengthen thy days, lessen thy meals."

Speaking of eating, a tempest in a pizza box has erupted over the 112th Supreme Court Justice (Kagan) seen on a recent saturday night with a box of pizza (from DC Pizzeria "We the Pizza") and a pair of "mom jeans". Ouch. The controversy rages: "What size pizza box was the justice carrying?"; "Why is she getting her own pizza?"; "Were there leftovers?"; "Does Scalia eat pizza?" we need answers and we need them now.

Happy Thanksgiving.

BROWIERD....AGAIN V.2.0

If it wasn't for those wacky Judges North of the Border, dozens of bloggers would be out of work.

Courtesy of one of our favourite blogs, Bob Norman's The Daily Pulp, comes this scholarly and thoughtful email from Judge Joel Lazarus of the "proud and fighting 17th Judicial Circuit Robe Wearers Brigade", to all his troops and Judges. Lazarus is firing up his boyz and providing scintillating and learned commentary on immigration, religion, and the constitution.

(As the Captain points out, the email is an old one, but Bob Norman has it up on his Daily Pulp and the JAA blog had a link to it as well, so why should we be left out of the fun and frivolity just because we live in Dade?)

Pull up a chair and enjoy:

From: Judge Lazarus/17THCircuit
To: ALL JUDGES, ALL JAS

Date: Monday, December 03, 2007 02:43PM
Subject: Three things to ponder....

1. Cows
2. The Constitution
3. The Ten Commandments

COWS
Is it just me, or does anyone else find it amazing that during the mad cow epidemic our government could track a single cow, born in Candada almost three years ago, right to the stall she slept in the state of Washington? And, they tracked her calves to their stalls. But they are unable to locate 11 million illegal aliens wandering around our country. Maybe we should give each of them a cow.

THE CONSTITUTION

They keep talking about drafting a Constitution for Iraq. Why don't we just give them ours? It was written by a lot of really smart guys, it has worked for over 200 years, and we're not using it anymore.

The 10 COMMANDMENTS

The real reason that we can't have the Ten Commandments posted in a courthouse is this:
You cannot post "Thou Shalt Not Steal," "Thou Shalt Not Commit Adultery," and "Thou Shall Not Lie" in a building full of lawyers, judges, and politicians... It creates a hostile work environment.

Stay tuned, as Rumpole will respond.