3rd DCA ROUNDUP

UPDATE: If you want to understand what end of life care is, and not be frightened by the nonsense of "death panels"read this NY Times article on Palliative care. We should all be so luck at the end of our lives to receive compassionate palliative care.

The worst thing that could personally happen to these morons like Sarah Palin is to have body/spirit breaking aggressive medical treatment at the end of their life. Unfortunately for the (hopefully small) percentage of the US Public that considers her a leader on this issue, Palin won't understand the folly of her ideas until she's dying. Then she'll know.

THE EMPIRE STRIKES BACK EDITION.

From James v. State, Judge Shephard, somewhat upset:

On August 24, 1999, Derrick James was sentenced to twenty years in state

prison as a habitual felony offender and prison releasee reoffender for burglary of

an unoccupied dwelling and grand theft. Since then, he has peppered the trial court

and this Court with post-trial motions, petitions, or appeals, almost faster than we

or the trial court could respond.

We fervently disagree with James’ assertion that he has acted in good

faith. We do conclude he has exhausted his post-conviction remedies and certainly

has exhausted us in the process.

(Here's comes the hammer:)

We further direct the Clerk to forward a certified copy of this opinion to the Department of

Corrections for consideration by that institution of disciplinary measures against

James pursuant to sections 944.279(1) and 944.28(2)(a), Florida Statutes (2008),

for the filing of a frivolous appeal.

Alonso v. State- Got a speedy trial question? Here's a speedy answer:

(Hint- the rule may say "speedy trial" but the rule of thumb is wait a day or so just to be sure.)

Silvio Alonso got himself arrested for drug trafficking. On THE LAST DAY of the speedy trial demand period his lawyers filed a Notice of Expiration. The court concluded the notice of expiration was premature and struck it. The 3rd DCA affirmed.

Poor Silvio. His lawyers were a wee bit anxious. Rumpole's rule of litigation: when in doubt, wait a day to be sure.

Don't make this mistake folks. If the speedy trial period applicable to your case expires on say the 15th of the month. File the NOE on the 16th, notwithstanding the plain language of the statute that says you can file the NOE "on or after" the date of expiration of the time period.

See you in court, where patience is a virtue.