IGNORING THE LESSONS OF HISTORY

SAD UPDATE: Rabbitt At Rest. Author John Updike passed away today at 76. NY Times Obit here. 

UPDATE. (And at 7:20 am, perhaps the earliest update in our history.) This you gotta read. The Broward blog recounts the long sad tale of a defendant who stood up to the SAO. To make a long story short, after losing a PVH, winning a jury trial on the same charges, and doing 48 months in prison, the SAO waits until the defendant is released from prison before filing a one count misdemeanor battery charge related to the defendant being tased in court during his PVH sentencing. They just don't get the concept of justice in Broward, do they. The blog article is here. 

BTW- how they get away with tasering a defendant whose arms and legs are in chains is beyond me. 

From the discussion on sentencing yesterday, one of our dear readers saw fit to do a bit of research and post this gem: 

From Wilson v. State, 845 So. 2d 142 (Fla. 2003) "[t]he law is clear that any judicially imposed penalty which needlessly discourages assertion of the Fifth Amendment right not to plead guilty and deters the exercise of the Sixth Amendment right to demand a jury trial is patently unconstitutional. 

The case goes on to discuss that it is permissible to be lenient in exchange for a guilty plea, but it is not constitutional to impose a harsher penalty because the accused elected to proceed to trial.  Rumpole thanks the individual who took the time to do the research. 

Today we have the topic of "when government works" on our blogging mind. 

From the Secretary of Transportation's Report to Congress: "Over the past year, the domestic auto industry has experienced sharply reduced sales and profitability, largely indefinite layoffs, and increased market penetration by imports...The shift in consumer preferences towards smaller, more fuel efficient passenger cars and light trucks...appears to be permanent, and the industry will spend massive amounts of money to retool to produce the motor vehicles the public now wants...If this is not accomplished, the long term outlook for the industry is bleak."

That's what we like to see. Government in action. Private industry and government working hand in hand to improve efficiency, which in the long run helps industry remain profitable and that in turns keeps unemployment low.  Isn't this just the way things are supposed to work? Bravo to the Department of Transportation for a job well done!!!!

The date of that report?  1980.  Ouch. 

Say what you want about the auto industry. Just don't let them say they weren't warned. Just don't let them say events of the last year caught them by surprise.  The government told them. They didn't listen.  Sort of like most of our clients. And look where they end up. 

See you in court, grumpy, grouchy, and just overall not in the mood to be f'd with. 

ps. A blast of "cold arctic air" is headed for south florida and will arrive Friday night. Lows in the 40's, highs in the 60's. Bundle up for the weekend. And don't say you weren't warned.