We don't know about you, but we were getting awfully tired of looking at Davis's mug.
A few quick house keeping announcements before we begin:
The 11th Circuit's Symposium: "Mediation, Arbitration, and A Spirit of Reconciliation in the Work Place" Hosted by 11th Circuit Judges Reemeberto Diaz and Robin Faber has been canceled and will be rescheduled.
The CLE Seminar "Sentencing in Fraud and Theft Cases- how high is high enough?" by Judge Beatrice Butchko has been rescheduled for January 8, 2010.
And Chief Judge North Of the Border Vic Tobin's lecture "The Privacy of Inter-Office emails, leaks, plumbers, and acting like Nixon" a preview of which can be found here, will be given as scheduled. (Here's what we love about the Broward Blog. Not only do they get Tobin's emails as he sends them, they get his emails COMPLAINING about them getting his emails. It must be frustrating for the Chief Judge. Kind of like swatting at gnats. )
OK. On with the show.
Hernandez v. State: Here's a question we've never seen before: Defendant is indicted for first degree murder. Judge Schlessinger transfers the case to Orange County for trial based on the publicity. The defendant is convicted. The Appellant files a motion to transfer the appeal to the 5th DCA. Now why in the world wouldn't a criminal defendant want the Judges of the 3rd DCA to hear his appeal? Well, for whatever the reason the 3rd DCA is eager to hear this case, so they denied the motion, but did certify a conflict with other courts. Query: has a criminal appellant ever tried to get his case transfered to the 3rd DCA?
Wall of Shame: Judge Pinero here.