THINK OUTSIDE THE BOX

UPDATE: Click on the link on the left "Free Shaqanda Cotton" and read the blog about the highschool girl with no priors sentenced to seven years prison for shoving someone.
Then help her out however you can.
If you're wondering, her case was in Texas. Figures.


We have decided to address the identity issue with a brief update.

Every day we get about a dozen private emails regarding our identity. They mostly center around a character in a popular novel. We have a usual response which we have decided to post here. It all started with an enterprising Judge who, pondering our identity, was moved to go to page 21 of a particular novel. Here is an approximation of what we emailed him, and others.

You should think outside the box. The email name can be commonly associated with a character in a novel. But that is thinking inside the box. Those who associate our identity with a particular novel, do so by choosing to completely ignore the full email address. There are not 20 other emails with the same name with Google. (We checked.)

Going to a particular novel and looking at page 21 is a brief example of trying (but not succeeding) at thinking outside the box. You need to try harder and drop the associations with the author, because, it really has very little to do with our identity. Or just stop caring about it because it doesn't really matter in the long run.

This is not another clue, but a better example of thinking outside the box. A few of you will recognize it immediately, and proceed accordingly. The rest- and we are warning you now not to spend your time cracking the code- will try to crack the code. That is thinking inside the box.



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11TH CIRCUIT HISTORICAL SOCIETY

We hear (doesn't mean we were there-doesn't mean we weren't there.) there was a great turnout last night for the inaugural event for the 11th Circuit Historical Society.
Our Courts are repositories of a great deal of history, and there are wonderful people (and characters) associated with that history. Some great Judges and lawyers contributed to the community and shaping Miami as the town it now is.

We commend Judge Silverman for his efforts and urge everyone to click on the link on yesterday’s post, go to the 11th Circuit Historical Society’s Web Page and join the society.

FEDERAL JUDGE COHN SAYS NO TO STEROID EVIDENCE IN DEFENSE CASE

We saw this article on the Federal Blog and we re-print the link to the Sun Sentinel Article.

Defense lawyers representing Kenneth Wilk in the federal criminal prosecution in which Wilk is accused of killing BSO Deputy Todd Fatta, were told by Judge Cohn that they could not introduce evidence that the deputy had anabolic steroids in his system at the time of his death. Wilk's lawyers are attempting to show that their client acted in self defense and that the Deputy acted in an overally aggressive manner.

WILK CASE

Rumpole says: This is a clear cut issue in state court. Evidence of use of drugs is admissible if the defense can show that it is relevant and either occured at the time of the event, or that the habitual use of the drugs affected a witness's memory.

In Federal court, where it seems 404(B) evidence is liberally admitted (what we call Williams Rule Evidence in State Court) it is somewhat surprising to see that the door does not swing both ways. One would think that if the prosecution had evidence that the Defendant was using anabolic sterodis at the time of the shooting they would seek to admit it for the same reasons.

Far be it for us to impose our humble and apparently misguided view of evidence on one of the members of the Federal College Of Cardinals, but it seems like the defense in this case isn't catching any breaks, including the use of evidence that would be admissible in a self defense case in State Court. Perhaps, as Judge Moreno says, "Three Wiser Judges in Atlanta" will see things differently if it gets to that stage.

The defense in this matter is being handled by William Matthewman and and J. Raphael Rodriguez. We don't know Mr. Rodriguez, but if you want to see one of the best defense attorneys in the nation in action, go watch Mr. Matthewman.

See You In Court.