JUDGE PHIL KNIGHT PASSED AWAY IN MAY

Judge Phillip Knight passed away in May of this year.

We received this email:

Rumpole, you missed the fact that Judge Phil Knight passed away in May 2011. Could you please post something?

The reader is correct. We did miss the fact that Judge Knight passed away. The title of the post links to his obit.

Judge Knight was a brilliant man. An accomplished attorney and a great and well respected trial Judge, Judge Knight set the standard for running an efficient courtroom. Judge Knight often was in his chambers by 7:00 AM, reviewing files, reading motions and generally preparing for the days cases. It was not unusual for Judge Knight to have his calendar concluded by 9:30 and a trial started by 10:00 AM. Judge Knight was so efficient, and his court audit was so low, that we often heard from other disgruntled colleagues that Judge Knight must have had some agreement with the clerk's office to assign less cases to his division. Of course nothing could have been further from the truth. Judge Knight's audit was low because he was a hard working judge.

Judge Knight was human and like all of us he battled his demons. But Judge Knight was a great Judge and a valuable addition to the REGJB for the time he served as a circuit judge. It was gratifying to read that upon his retirement he lived a full and happy life in Sun City, Tampa,. Judge Knight was a true Miami original and we will not see his like in these parts again.

11-11 NONSENSE

Don't know about you, but we've had more than enough of this 11/11/11 crapola. Only one more year of having to deal with this nonsense (12/12/12) and then the human race does not have to deal with this again for another 89 years.

Maybe next time around we'll be more mellow in our middle age years.

Mr. Black's final critique of the defense closing in the Dr. Conrad Murray case is worth a read here.

Mr. Black summarizes the defense failures:

When you are speaking on a national stage, it has to be first class. How many opportunities does a lawyer get like this? Why waste it with inanities? I would have walked the jury through a list of the strongest points I had with excerpts of the testimony. Hit them hard and make them unforgettable. Once again missed opportunities.

Clay Kaeiser has this great remembrance of Judge Phil Knight:

I'll never forget a marijuana possession case that I tried in front of Judge Knight in which he called us all sidebar halfway through the trial and told the prosecutor that he was going to grant my motion to suppress. One problem--I had not even filed a motion to suppress. Needless to say, sensing immediate victory, I remedied this problem by making an "oral motion" that was quickly granted. Many months later, in a social setting, Judge Knight explained the incident by telling me "Clay, nobody has ever gone to jail for marijuana in my court." He'd done so many jury trials that he must have sensed a guilty verdict and decided to abort the whole proceeding.

Despite this, Judge Knight was no bleeding heart--god forbid that you had a client convicted of a violent offense in front of him for sentencing--but he did have a very developed theory of punishment that minimized victimless crimes. He was an armed services veteran who had worked his way through law school (as either a librarian or in the post office) and eventually became a partner in one of the big downtown law firms (Fowler White?). Despite his well-documented problems, he was one of the most intellectually gifted and hardest working judges who have ever served in the Justice Building. And he had a great sense of humor. Once, around Christmas time, a young female defendant, represented by Sy Gaer, said to the Judge "you look just like Santa Claus" As Judge Knight smiled (trying to look even more like Santa Claus), Sy said to his client, "but wait until you see what he has as a present for you." The whole courtroom--including Judge Knight--cracked up.

CK

Justice Scalia (DOM's BFF) has little patience for federal habeas claims attacking state court convictions. Greene v. Fisher.

a federal court may not grant habeas relief to a state prisoner with respect to any claim that has been “adjudicated on the merits in State court proceedings” unless the state-court adjudication “resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law, as deter- mined by the Supreme Court of the United States.” 28 U. S. C. §2254(d)(1). We consider whether “clearly estab- lished Federal law” includes decisions of this Court that are announced after the last adjudication of the merits in state court but before the defendant’s conviction becomes final...

We have said that its standard of “contrary to, or involv[ing] an unreasonable application of, clearly established Federal law” is “difficult to meet,” because the purpose of AEDPA is to ensure that federal habeas relief functions as a “ ‘guard against extreme malfunctions in the state criminal justice systems,’” and not as a means of error correction...

The retro- activity rules that govern federal habeas review on the merits—which include Teague—are quite separate from the relitigation bar i

mposed by AEDPA; neither abrogates or qualifies the other. If §2254(d)(1) was, indeed, pegged to Teague, it would authorize relief when a state-court merits adjudication “resulted in a decision that became contrary to, or an unreasonable application of, clearly established Federal law, before the conviction became final.” The statute says no such thing, and we see no reason why Teague should alter AEDPA’s plain meaning.

The weather is beautiful. Enjoy your weekend.

WHY THIS BLOG?

Why we blog:

On November 9, 2011 we did a blog post on the passing in May, 2011, of REGJB Legend Judge Phil Knight here. 

Early Saturday morning, more than four years later, we received this comment:

CHESSMAN said...

I was once a neighbor of the honorable Judge Knight back in 1991-1993. He was a remarkable man. His wife, Mrs. Knight was a sweetheart. He obviously left an impression on me as a youngster since I randomly decided to google him and found this blog. Rest in peace Judge Knight. Peace and blessings to your surviving love ones.

Saturday, January 03, 2015 3:31:00 AM 

This is why we blog.

The law, for better or worse, has now been our occupation, vocation, and avocation for half our life (plus or minus a year or two). And we have practiced law mostly in the REGJB (plus or minus a trip to Broweird or the federal courts around the country- one of our favourite cases being a three week trial in DC several years ago.)

The REGJB has been a building that has held the judges and juries and lawyers that have decided the fates of Miamians for over a half a century. The people who have worked in our building have defined Miami (Richard E Gerstein) and shaped this country (Janet Reno). From clerks and bailiffs and corrections officers to brilliant Judges (Phil Knight, Ed Cowart), to uniquely Miami characters- Sy Gaer, Ellen Morphonios, their stories needed to be told, their work needed to be remembered, their lives needed- in some small way-to be honored. 

That's what we try to do here. 

Time marches on, and the next generation replaces the last. We have new judges and lawyers marching (confidently or trepidatiously) into the REGJB in 2015, and they will affect the lives of  Miamians who come to the courthouse as defendants and victims and witnesses.  Some will do great things; some will fail miserably. 

All are working under the shade of trees, grown from acorns planted by those who came before them.  Some of those were giants in their fields. Many were mediocre, most tried to do their best; all sought that most amorphous and shadowy of highest ideals: JUSTICE.  It was, after all, first called the "Justice Building" 

For better or worse, here comes 2015. It all starts Monday. 

*See You In Court.

*Figuratively speaking. Our first rule of trials is to never ever let a case be set for trial the first week of January. Too many judges and prosectors return with new year's resolutions of trying more cases and getting tougher at sentencing dancing in their egg-nog -hung-over-minds.  Some of the worst injustices that we have ever seen have occurred during this first week or two.  Long time, and careful readers know our inviolate rule by now. 

ARTHUR HEARINGS UNDER ATTACK

UPDATE: Miami Dade killer Thomas Knight was executed by the State of Florida at 6:45 pm Tuesday evening. The execution was for the death sentence Knight was under for the murder of a Corrections officer at Starke where Knight was on death row for the double murder of Sydney and Lillian Gans. Knight was working for Sydney Gans under an inmate release program in 1974 when Knight kidnapped and then executed the couple. 
David Ovalle, who witnessed the execution, posted his story here. The State spent 40 years trying to exact "justice" for the Gans double murder. Query: was justice done?

This email crossed our desk yesterday:

Has anyone else recently been told by ASA that if you proceed forward with an Arthur hearing, there will be no below guidelines plea later?

I have burg/batt case. Client is friend of victim family and visits often. He was super high on drugs, went into house and was caught stealing stuff. No priors.  Fight among three teenage boys.... all who have been friends for years.  Client then went into convulsions.

Clearly, a judge would grant a bond but, ASA threw that bombshell at me.

Anyone been down this road?

Rumpole replies: Yes, we've been down this road, and let us guide you. 

We have no idea whether or not this is the new policy of the Dade SAO or some pissant ASA who is either 1) lazy; 2) trying to make a name for themselves or 3) both. 

Here is how you respond to this type of tyrannical bullying:

Dear ASA:

You informed me that if I asked for an Arthur hearing for my client for the purposes of obtaining a bond that you would, in your official capacity, retaliate against my client by refusing to ever in the future examine the merits of the case and the justice of what punishment my client deserves, and punish my client for having the temerity for seeking his rights under the constitutions of the United States and Florida.  As you informed me, the punishment for seeking to exercise his right to bond would be that you would NEVER offer a below guidelines plea regardless of how the facts in this case are developed through discovery and whether justice would require a below guidelines plea.  

Good for you. 

Could you please respond in writing confirming that it is your policy, and your office's policy, to punish defendants who exercise their constitutional rights? While we are at it, besides your office exacting punishment for a defendant seeking bond, are there any other exercises of constitutional rights that your office has decided merits punishment?  For instance, will asking for discovery trigger an increase in the offer? Will taking depositions trigger a larger increase in the offer? Will demanding a trial by jury trigger a decision by your office to seek the maximum allowable punishment under Florida Law? Is there a part of your office's website that conveniently lists the "triggers" and corresponding punishments? 

Are you proud of your role in punishing defendants for the exercise of their constitutional rights? Did they recently change the oath you take as a prosecutor, changing the requirement of protecting the constitution and constitutional rights to suppressing those rights that you find personally troubling or time consuming? 

I am assuming that the punishment for asking for an Arthur hearing includes the blanket refusal by your office to ever drop charges even in the event my client turns out to be innocent. Clearly a dismissal would be a below guidelines result. 

I await your response. 

Yours, etc.

__________

Your name Here, Esq. 

Any input from the FACDL (besides their annual dues bill)? 

The point here is to never, ever, ever back down when a prosecutor threatens your client for exercising a right under the constitution.  The remedy is to embarrass them. Make them say it in open court on the record. Ask in writing that they confirm the conversation-threat. If they don't think there is anything wrong with their policy, why shouldn't they proudly announce it on the record and in writing?  That the Dade SAO continually seeks to play these types of games is troubling. 

"The only thing necessary for evil to flourish is for good men to do nothing."

Edmund Burke. 

See you in court. 

JUDGE KNIGHT REMEMBERED

He was an automatic finalist for the Papa Hemmingway "look-a-like" contest. He presided over what used to be known as the security courtroom on the third floor, where bullet proof glass separated the participants in the courtroom from the spectators. He was considered one of the brightest and hardworking jurists to ever wear a robe in the REGJB. His case load was always the lowest, due in part to his habit of arriving at the courthouse at the break of dawn to review his calendar and read the pending motions. On most mornings he was in trial before 10:00 A.M., having finished his calendar before many of his colleagues had arrived for work. 

We are speaking of course of Judge Philip Knight, and we were surprised and gratified to recently receive and read the following comment from a person who had served as juror before Judge Knight and must have recently come across our prior post here  on November 9, 2011, which sadly and belatedly  announced the death of the judge who passed away on May 5, 2011. You can read his obit here . It's worth a moment to read and learn about this man who was a war hero, and who worked as a letter carrier during law school to support his family. 

I am sad to know that Judge Knight passed a way. Back in Jan. 1987, I served as a juror in his room I had just gotten my citizenship, I was so proud of it, I was also proud to serve as a juror and do what I was supposed to do as a citizen of our loved country. I am Gay and I was very impressed with his striking presence, and handsome look. He was very nice to us all and it seems that he liked me, (as a person), I saw him laughing a couple of time at my comments while we were been questioned and picked by the attorney's. At one point I lift up my hand, and asked him if they can adjust the air condition, we were freezing, he said to me very firmly, Mr. Bahna, this is my court room and I like it like that, I suggest to you to come dress accordingly tomorrow, I said, this is Miami, if you will get us valet parking perhaps we could do that. He laugh and ask the attorney to proceed. I still have (framed) a little diploma he gave us, as he thank us for serving as a juror I never forgotten.

A very nice remembrance. And a reminder to judges and lawyers that jurors see and hear and remember many things and that sometimes their brief visit to the world we work in has a lasting impact.  

Check out our new poll on Rodriguez-Chomat and "finger girl". 
See you in court. 

MATT LAUER....DUDE!

Hey, it's me! Millennial Me. 󠁟🙆🙆
We worked it out! Rumpole's letting me blog! He's not as grouchy as he pretends to be. (And he's never used an emoji on the blog and I'm the first because I'm a millennial and he's not). 

Matt Lauer...Dude! Really? 2 million a month and you have to harass women?
And what's the deal with all these guys just taking it out? They expose themselves and then what? Do they expect the woman to get all goggled eyed and just swoon at the sight of it? I don't get it. How is exposing yourself erotic? 

Shout out to Jeff DeSousa, PD appeals, who just won Knight v State. Knight filed a 3.800 motion to correct sentence. He was sentenced to life in prison on an information that alleged simple robbery. The court denied the motion to correct sentence and DeSousa took it home on appeal. Knight gets a new sentence. 15 max. Big win. 

Meanwhile, big loss for immigration people in Jules v. State, where waiting until you face deportation/removal  to file a 3.850 is a very very bad idea according to Judge Emas, even where the defendant was not informed of the immigrations consequences of taking a plea. 

I'll take Pilates, Soul Cycle, Equinox and Cross-Fit over Orange Theory any day of the week. 

I like Whats-App for texting, but I hate it when people call me on it. Just dial my digits regular style, will ya? 

The black/white thing of Misha Nonoo is for me. Big time. Just can't afford it for now. 

Wanna chat? Email me: Millennialme786@gmail.com 

QUOTAS

The Justice Department of Jefferson Beauregard Sessions has a plan to speed up deportations: Quotas!

The Justice Department will not issue evaluations of immigration judges based on how many cases they close a year the Washington Post reported here:

“That is a huge, huge, huge encroachment on judicial independence,” said Dana Leigh Marks, spokeswoman and former president of the association and a judge for more than 30 years. “It’s trying to turn immigration judges into assembly-line workers.”

Gee, ya think? 

One of the smartest Judges ever to wear a robe in the REGJB- the late Judge Philip Knight, closed three cases before 8 Am. We're not kidding. Judge Knight would have his clerks bring the calendar and files the night before. He would get to chambers early in the morning and read every file and motion and by the time court started he was ready to hear arguments, issue rulings and try cases. He had the lowest case load of any judge in the REGJB. And he was a heck-of-a-nice guy to boot. And he didn't need any quotas to do his job superbly well. 

Meanwhile, cheers to an independent media: 

Here's the link to the viral video of all the news broadcasters being forced to read a propaganda statement from Sinclair Broadcast Group. 

From Occupied America, where the right-wing media has been turned, fight the power of propaganda. 

LIFE GOES ON

 Football season is over. The very mediocre super bowl is finished. DOM is besides himself with excitement over who President Biden will choose for the Supreme Court. Pitchers and catchers report soon, and life goes on. 

Have you seen some of the federal courtrooms, outfitted with plexiglass barriers? It reminds us of the good old days when one courtroom on the third floor of the Old Gray Lady (REGJB) was known as "the security courtroom" and had a bulletproof barrier between the audience and the rest of the courtroom. We recall the late, great, Judge Phil Knight sitting in that courtroom for years, presiding over the lowest docket because he got into work around 6am and reviewed the calendar, the files, and read all the motions before court started. Trials usually began well before 10 am. Other judges groused that the "blind clerk" favoured Judge Knight and cooked the books by assigning him less cases. Nothing could be further from the truth. 

Now we have top security at the entrance to the courthouses, stopping people from entering federal court with camera phones and other weapons. But no amount of security can stop a microscopic airborne virus, so we need masks and barriers.

Life goes on.

Philip Carlton Has Passed Away

There was a time (not that long ago) when the REGJB was populated by southern gentlemen lawyers. They wore hats and seersucker suits and highly polished shoes, Their manner was courtly, befitting the times.  Life was slower, and there were giants in the courthouse. We stand on their shoulders and we rest in the shade of the oak trees from the acorns they planted. 

Philip Carlton was such a lawyer. He was high polished. A showman in trial. A man of his word always. An accomplished litigator, a true gentleman. He mentored the lawyers who mentored the lawyers who are currently mentoring the crop of lawyers and judges we have now.   When you got in trouble in Miami in the 1960's, 1970's and 1980's, Phil Carlton was at the top of the list of lawyers to call. He passed away this week at the age of 89. 

His obituary is here. What we did not know until recently is that from 2000 until shortly before his death he was a voluntary Chaplain  at Everglades Correctional Institute. That tells you all you need to know about the man. 

Here are some of the comments on FACDL

I don't usually chime in, but Phil was a class act.  For those that never saw him in action, you will never know what you missed.  For those that did, you always learned something.  Always a civil, polite gentleman, and a damn good lawyer.  Something we need more of, not less.  Thanks to Sky for the sad information.

Jim Woodard

I, too, join in with the tributes for Phil Carlton.  Back in the 70's when I was just a new, fresh, and green prosecutor, Phil was already a legend.  What giants of our profession walked those hallways during those years.  He was always a charming, Southern gentleman, but inside that courtroom he was one tough litigator.  Rest in peace old friend. 
Ted Mastos 

He had a commanding presence with a flair for drama. We all learned from him. 
Mel Black 

One of my fondest memories as a very young prosecutor was trying a case against Mr. Carlton (as I called him then) and his son also named Phil. I remember telling Judge Moreno he should get judge Phil Knight to do the trial. 

Phil Carlton  was from a different era. He was a true southern gentleman trial lawyer from a time when Miami was a small southern town. He was polite and friendly and sneaky good as a litigator. I was always happy to see him on the other side because I knew the case would be a challenge in the best sense of the word  From time to time over the years I’ve often wondered where he and his son were. 

May he Rest In Peace. 

Phil Reizenstein 

Phil was a Justice Building fixture during my early practice days jumping from courtroom to courtroom there every day. He mentored many of our contemporary friends and was a lawyer who had the respect of the renowned  and notorious judges of the era such as Paul Baker, Al Sepe and Maximum Ellen Morphonios, legends all.
“Those were the days my friends, we thought they’d never end.” Phil was part of the fabric of those times.
Ed Shohat 

Phil Carlton was a great lawyer. He earned the respect of all who went up against him. As a young prosecutor, I learned an awful lot in the courtroom while going against him. Rest in Peace

s/ Jose M.  Quiñon

Back in the mid-1970s when I was in high school I was in the court observer program. There was a major trial taking place in courtroom 4-1 and Phil was the lawyer for the accused, Sanford Bronstein. If I remember one particular thing about him it was his courtroom presence. He commanded that trial like very few lawyers I have ever seen. When I became a public defender and met him I told him about my recollection of him and he was genuinely moved. To echo the sentiments that have been shared, he was a true gentleman and the epitome of our profession.  May his memory be for a blessing. 

Barry Wax

ELECTION DAY TRIVIA

UPDATE: We are live tweeting the election results @justicebuilding. Follow us....or else! 

Presidential elections. Judicial elections. Match wits with the master. You will see a trend in the questions. But it probably will not help you. 

A) Name the last presidential election with a repeat match-up- meaning the two candidates ran against each other twice. Eisenhower/ Stevenson. Adlai Stevenson went on to be JFK's ambassador to the UN and distinguished himself in the Cuban Missile Crisis by announcing he was prepared to wait for hell to freeze over ask he cross examined the Russian Ambassador to the UN on whether Russia had placed medium range nuclear missiles in Cuba. It was his shinning moment and even surprised JFK and RFK with a backbone they did not think Stevenson had. 

B) Who did Judge Katie  Tess Pooler lose to? (Our typo on Katie. She never lost to anyone. In her honor we are eating a piece of candy).  Judge Jon Schlessinger, now enjoying his retirement.  Judge Tess Pooler went on to run in he next election and won. 

C) Who did Judge Murray Klein lose to (tricky question).  Kathy Rundle State Attorney Race

D) Who did Thomas Jefferson lose to? (Hint, he also beat him in another election). John Adams (kudos to Judge De La O)

E) Who did Horatio Seymour lose to? Everybody knows the 1868 Presidential Campaign when NY Governor Horatio Seymour ran on a national reconciliation and expanded rights for African Americans as a Democrat and lost to General US Grant. 

F) Who did Judge Martin Kahn lose to (this one broke our hearts. We loved Judge Kahn).  Judge Glazer

G) Who did judicial candidate Marcos Ambrose lose to? (Judge Knight who lost to Judge Bailey in 1992 and he also ran in 94 against Judge Kahn who lost to Mindy Glazer)

H) Who did Judge Migna Sanchez Llorens lose to? The Late Great Shelly Schwartz

I) Who did Thomas Dewey lose to the first time he ran for President? (Be careful here). FDR Again, Judge De La O nailed it first. 

J) Who was Independent Candidate George Wallace's VP? General Curtis LeMay who advocated a first strike nuclear war. 

K) Name the opponents for independent candidates John B Anderson and Ross Perot? Extra bonus points for their VPs. (The only question we had to google was Anderson's VP- that is one tough trivia question). 

L) Who was a recent presidential candidate? 1) Faith Spotted Eagle; 2) Mickey Mouse: 3) Nobody; 4) Anybody; 5) Professor Corey Irwin. 

M) Who ran against Janet Reno in her first election after being appointed state attorney? 

N) Who ran against Rick Scott for governor of Florida? 

O) Who ran against Judge Jon Colby? Lenny Cooperman, now somewhere in Maine we believe. His mom was a beloved Miami-Dade clerk. 

P) Who ran against Judge Orlando Prescott?

Q) Who ran against Kathy Rundle in her 2016 election and in her 2012 election (not saying it is the same person(s).

R) Who ran against Harvey Ruvin in the most recent election?

S) Who defeated Circuit Court Judge Ted Mastos? Henry Ferro who later distinguished himself on the bench by pulling a gun on a young black male who happened to be the nephew of Miami political leader the late Georgia Ayers and that was all she wrote for Judge Ferro.

T) Who defeated Circuit Court Judge Alan Postman? Diane Ward

U) Who defeated Circuit Court Judge Peter Adrian? Samantha Ruiz Cohen

V) Who did Judge Monica Gordo beat to win her circuit court seat? Attorney and author and all around good guy Robert Kuntz 

W) Hannibal Hamlin was elected vice president with which President? Abe Lincoln 

X) Who is the last president who could have run for re-election but chose not to do so? LBJ

Y) Which County Court Judge, appointed by Governor Askew, is in the Miami-Dade Tennis Hall of Fame. If you get this- and you won't- you are a Miami-Dade Judicial Trivia master. Hint- it is NOT who you think it is.  Two readers got this. We won't post it but don't read the comments if you're still guessing.  It is the Meek one. The legendary Meek Robinette. 

Z) This County Court Judge Placed a Defendant in Pre-trial diversion over the objection of the State. The state took a writ and lost. Then they appealed. The Great Sy Gaer and his appellate cohort John Lipenski represented the appellee. They lost. This same Judge found a defendant guilty for disorderly conduct for performing a "street art" monkey impersonation on the new metro-rail. The case made nationwide headlines as "monkeyshines" in court.  Another Miami-Dade master trivia question. 

Enjoy, and vote. 

TECHNICAL DIFFICULTIES

Several long time readers have emailed us that they are experiencing difficulties when viewing the blog. The problem -we think- is that Google is going out of their way not to play nice with browsers by companies they don't like. For instance Google has now made it nearly impossible for us to view pending comments with our IPhone. 

Please let us know if you are experiencing difficulties. In the meantime you can try clearing the history and cache on your internet browser on a regular basis and that should help. 

ANONYMOUS JURORS? 
David Ovalle is one of many media members reporting that the Judge in the George Zimmerman trial is considering keeping the names of jurors anonymous for six months after the conclusion of the trial. 
Scott Ponce of Holland and Knight was up in Sandford on behalf of the Herald arguing against the Judge's decision. Ponce does a lot of the media motions in Florida. 

YOU HAVE THE RIGHT TO REMAIN SILENT....except when you don't. 
In Salinas v. Texas, the Supreme Court held yesterday that silence during a "pre-custodial" interrogation is admissible as evidence of guilt. Justice Scalia, DOM's great friend to the defense joined Justice Thomas in concurring in the result, giving the plurality opinion of Roberts, Alito and Kennedy the gravitas of law. 

In this "up is down, down is up" world of jurisprudence, in order to invoke the protections of the Fifth Amendment, including the right to remain silent, you must speak up:

Petitioner’s Fifth Amendment claim fails because he did not expressly invoke the privilege against self- incrimination in response to the officer’s question. It has long been settled that the privilege “generally is not self- executing” and that a witness who desires its protection “ ‘must claim it.’ ...Because petitioner was required to assert the privilege in order to benefit from it, the judgment of the Texas Court of Criminal Appeals rejecting petitioner’s Fifth Amendment claim is affirmed.


 Justices Breyer, Ginsburg, Kagan and Sotomayor fought the good fight against the evil empire. 
So remember to advise your clients: in order to remain silent....SPEAK UP. 

See You In Court. 

NFL WEEK 11 STARWARS EDITION

3-0 last week. Having a blistering hot season. Come make some holiday flow. 

Dolphins are a +2 home dog versus the cowpokes. Tony Romo Returns as the Jedi Knight for the Pokes, and right up until the time  Suh  knocks him in to tomorrow, Romo will be fine. Then he will regret coming back. Fins +2.

Broncos at Bears. Bruins are another home dog that is barking. Broncos have a clone at QB, and the clone wars movie was not that good anyway, so take DA BEARS at home +3.

Bengals at Cardinals. Are the wheels off the bus in Cincy? A bad week last week, and now the Cats visit the Birds as former Bungle QB Carson Palmer welcomes them to the desert of Arizona. No reason why the Bungles don't start "breaking bad" and begin  a prolonged loosing streak now. Cardinals -5 over Cincy. 


Long shots:

Packers are also in free fall, and they visit the up and coming Vikes in Minnesotta doncha know. The Vikes are a small home dog, +1, but for a few bucks we like Minny to make the Cheese Heads miserable this holiday season.

Cheaters -7 over Bills. This is not a long shot. We just hate the cheaters. But the Bills just aren't that good, and Rex is no Yoda, while Belichick is Darth Vader reincarnate. But if you need the scratch on MNF, take the evil one.

TOMORROW:
Can it be? Does Rumpole say something nice about Broward? is the world coming to an end? Check in and see.

See You in Court.

SATURDAY MARCH 14 UPDATE

(See Our Watch, Read, and Listen list below. Check back often for updates): 

UPDATE: TRAFFIC COURT NOT CANCELED: Our court leaders have NOT canceled traffic court. Sure we may have several billion dollars in increased health care costs because our community leaders are lacking in common sense, but damn certain we are going to collect those 129 dollars in court costs and send you to traffic school. 
How many more stupid decisions do we have to endure while the decision makers jeopardize our health by requiring hundreds of people to unnecessarily stream into Miami Courthouses?

Not that these people have demonstrated the capacity for deep thinking and reflection, but here's a good article on what SOCIAL DISTANCING REALLY MEANS.

HERE IS THE PROBLEM: For our State Attorney it's "business as usual." Hey! Neville Chamberlin! IT'S NOT F'ing business as usual. Look around you! You can't buy toilet paper. School is canceled. Sports are canceled. Businesses are going under. TRY BEING A LEADER FOR ONCE and get ahead of the curve. 

Dear Judges Soto and Sayfie, State Attorney Fernandez-Rundle, Public Defender Martinez, and RC3 Head Zenobi- LET'S DO THE MATH. 
1. We have a contagious virus. 2. We can help slow the spread of the virus by keeping people away from each other. Here is what you can do:
Judges Soto and Sayfie: Every Judge brings a total of seven people at a minimum to court (JA, Bailiff, two clerks, two corrections officers). Seven floors in the REGJB- one judge and staff per floor per week will handle in court cases. If ten judges stay home, seventy plus people stay away from each other. 

KFR, PD and RC3- Rotate staff under the same principle, Let the others work from home. Start by allowing staff with children to work from home. 

NO DL SUSPENSIONS for any ticket not a DUI, including any case where someone doesn't show up to court. 
NO Misdemeanor bench warrants except in DV cases and we are not sure how that works anyway. 
NO Felony ACs on any third degree felony. 
Inform police they should not arrest anyone on any misdemeanor warrant. PTA everyone. 
Give police discretion to not arrest on felony warrants depending on the case. 

RUMPOLE'S QUARANTINE READ AND WATCH LIST (This will surprise you)

READ:
Report From Engine Co 82: NYC Fireman Dennis Smith's classic real life reporting of working as a firefighter in the Bronx in NYC in the 1970s. Gritty and real life. 
Stephen King's IT: No one writes better about the travails of childhood then King. 
The Exorcist: William Peter Blaty's book is scarier than the movie. 
John Feinstein's A Season on the Brink and a Good Walk Spoiled. Imbedded reporting on the 1995 basketball season with Indiana's legendary coach and tyrant Bob Knight and imbedded reporting of a year on the PGA tour with non-superstar players trying to make the cut. 


WATCH:
Impractical Jokers (Tru TV): Our generation had Candid Camera. This generation has four friends (in real life since childhood) who became comedians and then landed a TV show putting them in real life embarrassing situations. The challenges in the Supermarket are the best. Clipping balloons to unaware people will have you laughing out loud. Several seasons are continually re-run on TruTV. Avoid the movie- it's so-so at best. 

Joe Schmo:The classic reality TV show- and entire show of actors posing as  contestants except for one person who thinks the show is real. The social engineering is fascinating. Hard to find. Season Three is on Netflix. If you find the others, let us know. 

The Dr. Kildare MGM movie series. An aging Lionel Barrymore is as great as ever as the grouchy old doctor who trains young Dr. Kildare. 
The Crown- Netflix:Because we are Anglophiles. 
Hill Street Blues (Hulu). The original gritty TV law and order series. Superbly written and acted, although PD Joyce Davenport and her court scenes are  a little too much of a caricature for our tastes these days.
The Great British Baking Show. Fun and easy and stress reducing.
The Sherlock Holmes series in black and white with Basil Rathbone as Holmes. 
Fawlty Towers (BritBox). The best comedy series period. The number one funniest comedy TV show ever is the Episode "The Germans". You will never ever see a more maniacal comedy performance then John Cleeves as the henpecked owner of a small English hotel. If you take our recommendations on one thing, this is it. 
Shetland (Brit Box): Jimmy Perez is author Ann Cleeves inspector. Well done and worth a watch. 

LISTEN: A NEW TOPIC 
Radio is our passion. Something we have not spoken about before. If you have Sirius then tune into the Johnny Carson channel. The monologues from the 1970's and 80's are a fascinating flashback to the commentary of the nation at the time. Carson makes fun of Presidents Ford, Carter, and Reagan. Listening to interviews of celebrities like Charles Nelson Riley who always feels obligated to throw in a reference to a woman he had dated because he was obviously gay at time when such topics could not be discussed, is a fascinating window into how our society has evolved. It is at times funny, unintentionally sad, but always interesting. 

SHAMPOO. RINSE. REPEAT

A Rumpolian trip to a detention center is a rare event, what with the oratorical skills your blogger possess during bond hearings, and the infrequent but successful and "scythe-like" use of habeas corpus writs to bring recalcitrant robe-wearers into line.  
Practice-tip: Upon securing the release for a client in the face of prosecutorial opposition, begun every future hearing with a gentle remainder that the client is present although the prosecution assured the judge at the bond hearing of the dire consequences should she be released. 

A few-weeks ago we found ourselves at the eponymously named "Turner-Guilford-Knight" facility to visit with a potential new client whose calls for help had landed on our desk. 
To enter TGK we went through the standard security screening and then approached the desk with our client's information. The desk is about fifteen feet from the security screening apparatus.  

To the credit of the corrections' officers, our request was handled politely and professionally and within a few moments we were invited in to see our potential client. 

At which point, five minutes after first being screened, we had to clear a second security screening machine. Off again came the belt, watch, shoes, pen and keys out of pocket. An inconvenient dance we had just done with the prior screening machine a few yards away. 

Query- Why the second screening?  Entry into DCJ, Metro West, even FDC requires one simple screening. But at TGK there are two screenings within moments of each other. 

We are all for security. But this is unnecessary. It is a waste of valuable Rumpolian time as well as the time of our brother and sister criminal defense attorneys. It's inconvenient, and most of all it offends our sense of logic. One key to life is moving through it with as little waste of time and effort as possible, especially during work hours. 

So now is the time for FACDL to dust off the cob-webs, finish tallying the dues for 2019, order some grilled scallops as an appetizer for the upcoming awards banquet, and ASK CORRECTIONS WHY TWO SCREENINGS ARE NEEDED AT TGK AND TGK ONLY? 

Coming next: Another long-awaited and well-written and even better received  constitutional calendar whose author is bursting to have it shared with the world. 

IN REMEMBRANCE

UPDATE #2 Robert Bork, whose nomination hearings changed the way people used sentate confirmations- and not for the better- has died.

UPDATE: Lots and lots of new names added after the original post.

At this time of year thoughts turn to those who have been here before us and have since departed. Many of those who graced our courthouse and this earth planted seeds which grew into giant oak trees.  These are the men and women who made the practice of law in Dade County a great thing. 

So in no particular order, except for the first, we remember Judges and attorneys we knew.  Please email or post your remembrances and we will put those names on the front of the blog.

Ed Cowart- the first among many.  Rob Pinero. Manny Crespo. Gerald Klein. Phil Knight. 

Sy Gaer. Ned Davis. Wilkie Ferguson. Henry Oppenborn. Julio Jimenez. Henry Leyte-Vidal. Fred Nesbitt. 

Ellen Morphonios. Arthur Snyder. Stanley Goldstein (founder of the first drug court in the nation!).  Calvin Mapp. Tom Carney. 
George Orr. Gemma Cosentino. Greg Wenzel, who died in the line of duty of serving his country and was a former dade PD. 

Harold Solomon. Sydney Shapiro. Richard Hickey. Richard Gerstein. Paul Mendelson. Margarita Esquiroz. Dixie Chastain. Mattie Belle Davis. Norman Roettger. David Dyer. Maxine Cohen-Lando. Michelle Block. Ed Newbold. John Tanksley. Morton Perry (a real gem of a man) C.P. Rubiera- who loved to mentor young attorneys,  and one of our favourites: Dominick Koo. Joe Durant. Gabe Martin. Bill Meadows- another gem of  a man.

Harry Prebish (founded FACDL Miami Chapter along with Daniel Pearson), Daniel Pearson,  Carol Guralnick- somebody should write a book about her, Gino Negretti (the cuban rocket), Paul Pollack. Rodney Thaxton- amazing PD, FACDL gives an award in his name. Carl Vizzi. Danny Velaos.

David "Sterno" Stern. Ted Klein- they don't make them any better than Ted, Arthur Maginnis. Vince McGhee- brother of Rayfield McGhee, Arthur Winton. Bill Schurr. Meek Robinette- yes you young ASAs and PDs, there once was a judge named Meek. Murray "The K" Klein. Henry Carr. Harvey Baxter, who ran for judge with the slogan "Put a Mensch on the Bench." He won. 

David Paulus. Ira Dubitsky, Terry McWilliams, Jeff Raffle, Kirk 
Haas, Norman Haft, Max Kogan, John Durant, Milton Farrell  Jr.
Max Engle. Stuart Mishkin. Steve Chaykin- a great lawyer and a great man who died way too young.
And ditto for Steve Levine, a judge who was cherished and taken from us way too soon. Joe Eaton. Lenore Nesbitt, Sidney Aroncvitz, James Payne, George Gold,Tom Duff, Kirk Marmar and John Komorowski.

Jeff Samek- led the defense in the Country Walk trial. 
Adele Faske- the first woman ASA.  Walter Gwynn. Ben Cohen. Rosemary Jones. Paul Louis. Bill Ferguson. 

These names are in no particular order and we are sure we have forgotten many who deserve to be remembered. Think of this as a start. Please email us or post a name and we will put it up. 

See You In Court. 

MY LIVE MUSIC EXPERIENCES FOR 2023

Live music is my passion. It can be extraordinary to experience great music, hang with nice people, enjoy the scenery and live in the moment.  If you hit the right show, it could truly be a euphoric moment.

My objective is not to push my unique tastes upon others but, rather, to create an exchange of recommendations. My motto has always  been the greatest music you've ever heard is the music you've yet to hear ... so I enjoy being turned on to new artists, bands, genres, songs and venues. I used to be a musician myself, have played in many bands,  like to pursue the history of music and I'm always hungry for more.  Since I'm a guitarist, I like my music organic. Synthesized, computerized, overproduced, formulaic stuff is not my thing. It's not that my tastes are any better than anybody else, it's just that I want art...genuine art. I need the artist to shoot for the stars. I don't mind if they horribly fail since at least they made the effort. Give me something a lot more than what may come out of a headphone or car speaker.  

That is why I usually have disdain for nostalgia acts. I  mean, how any times can you hear the same song?!  I liken live music to porn... I want to be entertained by virile artists,  not somebody in their 80's trying to emulate a teenager. My baby boomer  brethren has really screwed things up since some are paying top dollar to see some of these nostalgia acts...which is insane!  Experiencing pop music should not be akin to going to the opera.  It's the everyday fans that made the artists not the elite. Paying thousands to see acts from the 60's and 70's is absurd. In my experience, the real magic takes place either at a music festival or at a small venue. Arenas can be like going to the movies, it's hard to experience something extraordinary if you are relegated to your seat. Live music should involve some dancing and gyrating,  roaming around,  a bit of imbibing and should not take place in a sterile environment (the Hard Rock in Hollywood is awful).  Some great local venues are Crazy Uncle Mikes, The Funky Biscuit  and Sunset Cove in Boca Raton, The Culture Room and Parker Playhouse in Fort Lauderdale and  The Pompano Beach Amphitheater.  

Here is a list of my memorable shows. In that I see well over 100 live acts a year and I'm definitely a music snob, these distinguishable performances were,  indeed,  something special.  Remember, I put up this post because I'd like feedback from you concerning what was a special live show for you.  I need to keep on adding to my arsenal. 

Brandi Carlile  at Red Rocks- She is the consummate professional that covers all bases. Immensely talented, her songs touch many genres and her band is virtuostic and energetic. However, what makes her truly special is that her concerts create a poignant,   kumbaya environment where she can bring anybody to tears of joy. Prior to this show and unknown to her, rainbow-colored cray paper was passed out for the audience to attach to the light on their phone upon her playing the standard "Somewhere Over The Rainbow". Once this occurred (she had no idea that it would take place) she was quite affected since 10,000 fans created an electrified rainbow facing the performer.  She closed her show with an empowering cover of Queen's " We Are the Champions". It was my  favorite show of the year.

 

Deanstock- "Dean" is my son's father-in-law and possibly a bigger music fanatic than me. To celebrate his wedding anniversary, he hired members of some national touring bands to perform in his back yard which is situated on a lake. This occurred right after the passing of The Band's Robbie Robertson so the set list had lots of Band songs along with Allman Brothers and Grateful Dead tunes. It was all jam band baby.  Add in a swimming pool, barbecue stations, tons of booze and food and lots of happy-hippie patrons, this was a party like no other. It was an exceptional musical experience.    

Jason Ricci at Crazy Uncle Mikes- Jason Ricci is a blues harmonica player. He blows that harp like it is a saxophone or trombone. He does things on his instrument that I have never seen anybody else do.  He is among one of the most unique musicians I've ever encountered...he can segue from a blues scale into Beethoven within the same song. He played at Crazy Uncle Mikes...the most fun place in South Florida (it's a brewery, restaurant, sports bar and music venue). He's not only an amazing virtuoso musician but also a terrific entertainer and showman. If you ever get a chance to see him (he's playing at the Funky Biscuit on January 18th, 2023) go, he is simply amazing.   

The Smile at The Knight Center- The Smile is an offshoot of  the iconic band Radiohead comprising of that band's vocalist Thom Yorke and guitarist Jonny Greenwood... along with a jazz drummer. There were no hits played, it wasn't that energetic  and at times it was pretty challenging to listen to. However, this was truly adventurous  and creative music...they were making art. It was kind of like watching a Stanley Kubrick film where you have to re-watch in order to fully understand what was going on. While I was at the show, I did enjoy it yet wasn't overwhelmed . But then after the show, I started to think about it, re-listen to some of the songs and discuss the show with other concert goers. In hindsight, this was a very serious effort to create something new and to take the guitar,  bass and vocals into uncharted territories. This was the most artistic and bold show that I've probably had ever seen. 

Billy Strings  at Red Rocks- Billy Strings is the Jimi Hendrix of bluegrass guitar yet his talents are not limited to that genre. He grew up playing heavy metal,  is a huge fan of the Grateful Dead and easily segues into different genres. As a guitarist he does something quite extraordinary, within the same song he employs different styles going from bluegrass picking to jazz scales to heavy metal runs. Red Rocks holds approximately 10,000 people where he played a three night run there, and then afterwords at another arena in Denver. To say that he is popular would be an understatement.  When I was there, Denver was being inundated with rain however the music Gods parted the sky when Billy took the stage. In an impromptu manner, he sang the Johnny Nash,  70's pop standard " I Can See Clearly Now ( the rain will fall) It was the perfect song for the scenario! The Billy Strings fans are the most exuberant I've ever seen, there was more dancing, partying and crazy antics than I've ever seen anywhere. This was a wild  show.

String Cheese Incident- at the Hulaween Music Festival - Hulaween  is a music festival in Live Oak,  Florida at the incredible "Spirit of the Suwanee Park". It focuses on cutting edge acts, EDM and jam bands. Long time jam band,  "The String Cheese Incident"  is the host of the three day event.  One of their sets was a Halloween-themed set made up of all cover songs. In a selection out of left field, but the ideal song for the moment, they played the 70's King Harvest, bubble gum song "Dancing in the Moonlight"... while a huge full moon was illuminating the park and 20,000 fans ... were dancing in the moonlight.  

Avett Brothers - Outlaw Music Festival featuring Willie Nelson at the iTHINK Financial Amphitheater. If the Ramones played folk music, they would sound like the Avett Brothers. They play acoustic music real loud.  They are... absolutely... one of the top-tiered live acts out there. This Outlaw Music Festival primarily aimed themselves at country music fans and the bulk of the crowd was there for Willie Nelson. It was obvious that the Avett Brothers intended to grab some new fans so they took the stage going 100 mph.  They were so amazing that none of the other acts even deserved to be in the same vicinity as them.  The Avett Brothers always deliver a 10/10 performance but,  somehow,  they took it up a notch. 

Margo Price at the Ryman Auditorium- Margo Price has lived a difficult  life; she lost a child during childbirth which triggered significant drug and alcohol issues. After wallowing in sorrow, she then decided to turn it all around. I first saw her last year at the Hulaween festival where she was the only country performer . She may have been categorized as "country", but at that festival , she came to rock... I mean she was melting faces all over the place. After seeing her do a limited, one hour festival performance, I had a desire for more so I went to Nashville to see her. Wow did she work her butt off! She first harmonized and sang backup for the two opening acts, and then played for over two hours for her own set. She ended her show by covering Paul McCartney's "Let Me Roll It", went into the audience and never returned to the stage as she escorted the audience out the door.  She was a force of nature.

Some special mentions should go to The Mavericks at the Parker Play House, Wilco and Father John Misty at the Sky Blue Sky festival in Riviera la Playa, Mexicio, Samantha Fish at The Funky Biscuit and Jennifer Hartswick at Hulaween. Lastly, Grateful Dead tribute band "Crazy Fingers" playing at Tarpon River Brewery in Fort Lauderdale is more fun than 95% of what you may see at an arena...and it is free.

What musical performances excited you this year?

 

Have a great holiday, may you be victorious in your professional endeavors and ROCK ON!