JUDGE RICKY POLSTON OF THE FIRST DCA
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:
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.
I would love to represent the "topless bandits"......and I don't have a law degree!
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.
I am a male gay lawyer.
You can have that one.
The question is : what would he do for a Klondike Bar?
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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Rumpole, can you place this video on a main topic posting.
Friends from Hollywood, CA
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.....
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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