Wednesday, October 01, 2008

TOUGH TIMES AND TRANSMOGRIFIED TIPS

JUDGE RICKY POLSTON OF THE FIRST DCA

Lawyers delivering pizzas, tending bar, working as doormen or construction workers. Tough times are here for the legal profession. Coming out of law school tens of thousands of dollars in debt with the myth of 150K jobs disappearing and being replaced with $38,500.00 starting jobs with legal aid or part time contract work with firms, lawyers are doing what they have to do to pay their rent, their loans, and take care of their families. 

The title of the post links to the Law dot com article. 

With the end of many banks and wall street investment banks, must invariably come the end of lucrative legal accounts. Big firms will continue to downsize, and the end result is among other things, more unqualified lawyers will look with envy at that 150K job, with insurance and two sets of black robes. 


This case comes from our District. The Third DCA was reversed. 
 "Transmogrified tips" are not kosher in Florida. 


The conclusion of the Third District that the seizure of Baptiste was 

constitutional because the anonymous tipster was “transmogrified” into a citizen 

informant when he came forward only after Baptiste was stopped at gunpoint—and 

then disappeared and remains anonymous—is contrary to existing law, and the 

Third District’s reliance on citizen-informant cases is misplaced.  Our United 

States Supreme Court has made clear that officers must possess reasonable 

suspicion at the time of the seizure, and events that transpire after the seizure may 

not be utilized in determining reasonable suspicion.  See Hiibel, 542 U.S. at 178; 

J.L., 529 U.S. at 271.   


Any lawyers want to step forward and take credit for the case?

We are available to represent the defendants in this matter if apprehended. Pro Bono. Just because we care. 

See You In Court Transmogrifying prosecutors.



10 comments:

  1. WORD OF THE DAY! courtesy of Rumpole.

    Transmogrify:to change in appearance or form, esp. strangely or grotesquely; transform.

    Use: The Judge Transmogrified right before my eyes when I told her my client wanted a trial.

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  2. I would love to represent the "topless bandits"......and I don't have a law degree!

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  3. Rump, many of us in the REG are doing just fine in this economy. We just undercut more than we used to do. You know, misdemeanors for $350 and felonies for $750. Not much work on the cases, but hey, it's a living.

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  4. I am a male gay lawyer.

    You can have that one.

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  5. The question is : what would he do for a Klondike Bar?

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  6. somebody asked about whether a Judge had an accident this weekend and lost her/his eyesight. I'm not printing the comment, but I repeat it here without the Judge's name.

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  7. www.americansunitedforchange.org
    CONTACT: Julie Blust, 202-340-4744

    The National Bush Legacy Bus Tour

    A 45-foot, 28-ton Museum on Wheels Features Interactive Exhibits on How Disastrous Bush/Conservative Policies - Embraced by Sen. John McCain - Have Harmed Our National Security, Ruined the Economy, Threatened Our Social Security and Sacrificed Key Domestic Priorities

    Visit the Bush Legacy Homepage and Take the Virtual Tour:
    www.BushLegacyTour.com
    Washington D.C. – In what supporters of the President have dubbed his "legacy year," Americans United for Change, the progressive issue-advocacy group best known for leading the successful fight to beat back President Bush's effort to privatize Social Security in 2005, has hit the road with its latest effort, the Bush Legacy Bus: a 45-foot long, 28-ton, clean bio-diesel powered museum on wheels featuring several interactive exhibits on how two terms of failed conservative policies supported by Bush and his allies – including Senator John McCain – have weakened America's security abroad while neglecting and undermining important priorities here at home.
    On Wednesday, October 1st the Bush Legacy Bus will stop in Melbourne, FL and be opened to the public from 10AM – 12PM at Front Street Park. The people of Florida will be given an opportunity to reflect on how 8 years of failed Bush/McCain/conservative policies have left an economy in shambles, millions more without health insurance, an endless and mismanaged war in Iraq that has made us less safe by stretching our military to the breaking point, and thousands each day losing their jobs, their homes, and their dignity.
    Kicked off across the street from the White House on June 24th, the National Bush Legacy Bus tour has since visited over 30 states - from New Hampshire to New Mexico – and will continue on throughout the Fall, making nearly 150 stops, including many hometown offices of Bush’s enablers in Congress. Click here to visit the Bush Legacy Tour homepage: http://www.bushlegacytour.com

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  8. http://www.youtube.com/watch?v=0vtHwWReGU0

    Rumpole, can you place this video on a main topic posting.

    Friends from Hollywood, CA

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  9. THE CAPTAIN REPORTS:

    Rumpole, you may want to add this information to the front page about that recent opinion by the Florida Supreme Court.

    State v. George Baptiste, F04-38739

    Filed in December of 2004. In June of 2005, the Motion To Suppress filed by the PD was Denied by the Judge. The case went to trial in August of 2005 and the defendant was found Guilty of Possession of F/A by Conv. Felon.

    It appears that the PD was Jason Pensky and the sentencing Judge was Jiminez who gave the defendant 15 years on October 11, 2005.

    Appeal filed by the PD in November of 2005. Handled by Colleen Brady Ward.

    July 2007, 3rd DCA J/Schwartz, Ramirez, & Lagoa; Affirmed the denial of the MTS.

    September of 2008, Florida Supreme Court, in a 5-2 decision, Reversed the 3rd DCA (and the trial court).

    The defendant is in the Florida DOC serving his 15 years. He is 49years old. Looks like he will be getting out any day now.

    Great job by, it appears, by Jason Pensky in filing and arguing the initial MTS and to Colleen Brady Ward with her win at the Fla. Sup. Ct.

    Pensky is now with Pensky & Ward; (both are former PD's.).

    Cap Out.....

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  10. In regards to the Baptiste ruling, thank you for the accolades. I am now with the firm of Pensky & Kim. Although I was in Judge Ward's courtroom for 18 months when I was with the Public Defenders Office.

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