ANA DELGADO

This email was forwarded to us by an attorney. It was not emailed to Rumpole, but I hope Mr. Harris does not object in our posting it. This is what the spirit of the holidays should be about.

On some level, those of us who devote our careers to work in the REGJB are some kind of extended family. This is a nice way of showing you care and remembering a wonderful person.


As you know, Ana Delgado, Judge David Miller’s J.A. passed away last month after an incredible 6 year battle with cancer. She was 44 years old and left behind 3 beautiful girls. We are taking donations to help the family get back on their feet. Her husband, Jose has just returned to work after 6 months of helping care for Ana, and I don’t need to tell you that the bills keep coming in. We are trying to help them as best we can. We were like family. Over the past 20 years Ana has worked in the SAO, P.D. office also for several Criminal Defense Lawyers, the AOC, and many County and Circuit Court Judges. Any donation will be greatly appreciated. I would like to get this email and photo to the Criminal Defense Lawyers that knew and worked with Ana. She was a very special person.
All checks should be made out to Jose Delgado and they can be dropped off in my office, (AOC) room 7100 of the Justice Building. I can be reached at (305) 548-5634.
Remember, the family needs help now and nothing is too small.
Jeff Herris (AOC)


Rumpole says: Please help if you can.

SOMETIMES WRONG
but never in doubt.

Long and careful readers of the blog know that is one of our mottos. Thus it came as no surprise when we arrived at work yesterday morning after court to read that our plea on pleas was dismissed with prejudice by the Honorable Kevin Emas.

(The entire post is in yesterday's comments section. We have edited it for space only.)

Judge Kevin Emas said...
Rumpole: Before you get your DNA in a twist (no pun intended), you ought to know that the lengthening colloquy echoing throughout the halls of the REGJB was not some mysterious conspiratorial plot by trial court judges; it was mandated by a recently-enacted law and a corresponding change to Rule 3.710. ..

The statute, effective July 1, 2006, provides in pertinent part:925.12. DNA testing; defendants entering pleas(2) For defendants seeking to enter a plea of guilty or nolo contendere to a felony on or after July 1, 2006, the court shall inquire of the defendant and of counsel for the defendant and the state as to physical evidence containing DNA known to exist that could exonerate the defendant prior to accepting a plea of guilty or nolo contendere...

As a result of this newly-enacted law, the Supreme Court adopted an emergency amendment to Rule 3.710: In re Amendments to Florida Rules of Criminal Procedure 3.170, 938 So.2d 978 (Fla. 2006):"The Florida Legislature recently enacted chapter 2006-292, Laws of Florida (the Act), which among other things requires courts to inquire into the existence of physical evidence containing DNA that could exonerate a defendant prior to accepting a plea of guilty or nolo contendere to a felony. The Act applies to pleas entered after July 1, 2006. ..

So you see, Rumpole, there is no reason (at least from this example) to be "suspicious of our robed readers." No vast conspiracy here, just constitutional officers doing their constitutional duty. While people can certainly disagree on the reason for this legislative enactment, and whether it will, as a practical matter, accomplish its intended goal, no one can reasonably dispute the fact that the trial court judges are duty-bound to include this language in their plea colloquy.

Kevin Emas

And frequent blog contributor Abe Laeser, who apparently is never beyond kicking a poor blogger when he is down, piled on with this missive last night:

abe laeser said...
Rumpole, nice win on the Colts - but only a 'push' at 50.I actually recall trying a case against Weed. Of course, that was when Hubbart was the PD; and the Earth had not yet fully cooled. Better trial lawyer than his new duties would ever suggest.Surprised you were so off base on the 3.172 plea issue. Perhaps you need a proof reader who spends more time in the books than in the bars. However, for whatever meaning it may have, I trust a person who can handle their alcohol. It is one of the few traits that can exist in every class, race, religion, or gender + tells one something about thier breeding.

Rumpole responds: OK. We give up. Far be it from us to engage in a discourse on laws we don't read and never intend to. However, it is nice to know that even during this holiday season, there are constitutional officers ready to discharge their duty and set us straight.

Our Favourite Herald Scribe, Oh Sussanna Nesmith, hits a home run today with a front page feature on Sy Gaer.

And finally, Rumpole sends his femme fatale football challenger back to the kitchen with his pick of the Colts over the Bengals last night. A lot is going on for a slow holiday season.

See you in court, NOT reading the rules of criminal procedure.