The 3rd DCA (Motto in criminal appeals: "PCA AFFIRMED!") has a new Chief Judge: Former Miami private practitioner and former Miami Circuit Court Judge Juan Ramirez. Congratulations.
Here's our request: less PCA's. If we're going to lose, tell us why.
And now...on with the show.
JS v. State: shows all the reasons why it is entirely useless to interview a witness in the hallway outside of court prior to trial.
Joseph v. State: Judge Tinkler Mendez (who has previously made the hall of fame) now is in the hall of shame for denying a post conviction motion without attaching portions of the record.
and Blake v. State.
State v. Head re-affirms the long standing rule that polygraphs are inadmissible unless both parties agree. Rumpole notes they will never unleash that Genie from the bottle as it will turn jurisprudence on it's "head".
Young v. State- the 3rd recedes from "some ill advised dicta in Gaskin v. State" and affirms the existence of Burglary with the underlying crime resisting without violence.
Rumpole says "thank you" to Judge Sheldon Schwartz and the traffic attorneys for giving us some lively discussion in the middle of the dog days of summer.
21 comments:
THE CAPTAIN REPORTS:
SO YOU WANT TO BE A JUDGE .....
The seat of Judge Tam Wilson is open and the JNC will be conducting interviews July 27 & 28.
Originally, 43 attorneys and judges applied for consideration. Only 25 made the cut for interviews. Among those that will NOT be interviewed:
William Altfield
Monica Gordo
Robert Kuntz (filed to run already)
Margaret Rosenbaum
The interview schedule looks like this; (11 of the 25 are currently County Court judges):
Monday, July 27, 2009
5:15pm- Tanya Brinkley
5:20pm- Joe Davis
5:25pm- Margot Moss
5:30pm- Gordon Murray
5:35pm- Lourdes Simon
5:40pm- Marie Jo Toussaint
5:45pm- Antonio Arzola
6:05pm- Miguel M. de la O
6:25pm- Darrin Gayles
7:45pm- Steven Grossbard
8:05pm- Patricia Kopco
8:25pm- Norma Lindsey
8:45pm- Edward Newman
9:05pm- Alan Sackrin
Tuesday, July 28, 2009
1:00pm – Victoria Brennan
1:20pm - Robin Faber
1:40pm- Alan Fine
2:00pm- Robert Galt
2:20pm- Andrew Hague
3:00pm- Milton Hirsch
3:20pm- Bronwyn Miller
3:40pm- Maria Ortiz
4:00pm- Samantha Ruiz Cohen
4:20pm- Lisa Walsh
4:40pm- Deborah White-Labora
The JNC will send up to six names to the Governor for his consideration to replace Judge Wilson.
CAPTAIN OUT .....
They already sent Toussaint's name up for the county seat Pozo vacated.
Kuntz they just interviewed a couple weeks ago for the county seat. Planas (running against him) didn't apply for either one.
Gayles has an interview coming up for Southern District.
THE CAPTAIN REPORTS:
Rump, there was another passing of the gavel - at the Eleventh Judicial Circuit. Judge Joel Brown is officially the Chief Judge as Judge Joe Farina steps down after 14 years in that position.
The Investiture of Chief Judge Elect Joel Brown will take place at the Dade County Courthouse on July 23, 2009.
Cap Out .....
I finally figured out rumpole is none other than Happy Harry Hardon a/k/a Christian Slater!
J.S. seems to support your aility to impeach with a statement made by a witness in the hall.
Juan two three- the 3rd DCA is for me!!!!!
www.interviewaltfieldnow.com
More Tannebaum please.
In a real shocker our own Alex Michaels was bested in the finals of Roumanian Stud Poker at the World Series Of Poker in Vegas. Michaels outlasted a record field of 179 in the strange and obtuse poker game in which players are allowed and encouraged to berate, cajole, promise, plead, lie, bribe and trick opposing players out of their cards. Basically, after being dealt 3 cards down, the game proceeds like a 7 card stud game except after each round the players turn to each other and yell and curse and threaten them into exchanging cards. Of course the players can be both truthful and untruthful in exchanging cards.
Alex lasted until the very end when he was tricked by Anna Medvedev of the Ukraine into exchanging what he thought was a King for an Ace. The King would have given him a full house, instead Medvedev gave Alex a useless duce, while the ace gave her the wheel straight after Alex moved all in on what he thought was the best hand.
Alex earned 72,169 for his efforts over two days.
Better luck next year!!!
Bob Levy predicts:
The following will be nominated for the Wilson seat:
Victoria Brennan (the odds on favorite for the appointment)
Darrin Gayles
Deborah White-Labora (what a great move going to drug court!!)
Joe Davis
Brownyn Miller
Samantha Ruiz Cohen (Just to screw Adrien and Swartz)
THE CAPTAIN REPORTS:
3rd DCA opinions ......
You missed an important case issued by the 3rd DCA this week that discusses SYSTEMATIC EXCLUSION of black jurors.
Lawanda SPARKS, Appellant,
v.
ALLSTATE CONSTRUCTION, INC., Appellee.
No. 3D08-2475.
July 8, 2009.
A highlight from the opinion:
This transcript demonstrates a systematic use of peremptories, followed by what seem to be quickly-contrived excuses for the strikes, in a manner calculated to exclude African Americans from serving on the jury.
Finding that the trial court abused its discretion in allowing the defense's use of peremptory challenges to exclude African-Americans from the jury in a systematic fashion, we reverse.
To read the entire opinion, go here:
www.3dca.flcourts.org/
Opinions/3D08-2475.pdf
CAPTAIN OUT ......
“We’ll go back and try the case, and hopefully it’ll be error free this time,” said Sparks’ appellate attorney Geoffrey Marks of Billbrough & Marks in Coral Gables. “It’s been a difficult task getting this woman’s case to trial.”
Billbrough & Marks premier appellate and trial support lawyers score another one for the good guys as well as for "Truth,Justice and the American Way!"
Another bondsman kickback story:
Tourist gets arrested for a minor third degree felony. Standard $5,000 bond. Bond runner somehow gets the telephone number for his mother out of state. Tells the mom that since her son resides out of state, he will sit in custody for at least a week and that he needs to be bonded out immediately, before he sees the bond hearing judge, who will likely increase the bond "as they do with all non-residents."
Panic ensues. Mom gives her credit card number to the runner, who charges the $2,500.00 ($500 for the premium and $2,000 for "collateral"). Son bonds out and goes to see the bondsman. Bondsman states tha son must go see Mr. X lawyer immediately and have him represent him. He does the visit. Son doesnt like lawyer X and doesnt hire him. Lawyer calls bondsman. Bondsman then calls son and says that if he does not hire Lawyer X, then he will surrender the bond and that son will lose the premium and the collateral. So, you can either hire the lawyer or kiss your $2,500 goodbye. Then, when son says Lawyer X is charging too much, bondsman says that he will tranfer the collateral he is holding as a down payment over to the lawyer. Wow, what a swell guy.
Son hires me instead. I, of course, will call the bondsman (out of courtesy) and Lawyer X to back off MY client or I will file a Motion to Review Bond in front of the Honorable Betty Butchko and detail this entire scenario via affidavit and witness testimony. Of course, for completeness, I would be compelled to name the bondsman, the runner and Lawyer X who resort to intimidation, lying and deceit all in the name of a few bucks. Oh, and isnt this stuff illegal as well?
Sorry for the rant, but this is about the 50th time I've heard this happening. Bondsman kickbacks have somehow become a "little REG building secret." Pretty sad.
4:05- please please please give me the info. If I can verify it I will plaster that bondsman and attorneys faces on my blog every day until the SAO investigates them. Please please please?
THE CAPTAIN RESPONDS:
4:05 PM
I second that Motion. You have an absolute obligation to report this matter to The Florida Bar and the State Attorney's Office.
There is only one way this obscene conduct will ever end - that is if someone gets arrested and loses their bar card.
Please act accordingly.
CAP OUT ......
10:20 AM You and Bob Levy are clueless
4:05 will do nothing of the sort. He got his $. Next.
Wilson's seat goes to ARZOLA, ARZOLA, ARZOLA!!!!!!
Why is there only 5 minutes between some interviews, and others have over 20 minutes?
captain is not an ultimate male. instead, he is an ultimate stooge.
10:20 - Clueless? Clueless? How dare you say the all omnipotent, his Holiness the G-d of judgeships, convicted felon, lying scum bag and all around bad guy Bob Levy is clueless. Don't you know that Bob Levy can make anything happen for anyone? He will make this happen for Ruiz-Cohen. Didn't you know that neither the JNC nor the Governor make any move without his approval?
Those are his predictions and you can go to bank with them.
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