Tuesday, May 31, 2011
Sunday, May 29, 2011
Saturday, May 28, 2011
The Office of Criminal Conflict and Civil Regional Counsel was established in 2007. As many of you who accept conflict cases know, it changed the way we do business in the State of Florida when it came to the PD announcing a conflict.
In 2007, the Governor appointed the five Regional Counsel positions to run each of the five offices; (the offices encompass the geographic boundaries of each of the five District Courts of Appeal). In the 3rd, Joseph P. George was appointed to a four year term. During the past four years the office has grown and now takes 75% of the conflict cases from the PD's office; the remaining 25% of conflict cases end up with an attorney from the Registry ("the wheel").
In February, the Supreme Court JNC asked for applications for the new four year term to be appointed by Governor Scott. In the 3rd DCA region, the applicants were:
Joseph P. George
Mr. Ermacora also submitted his application to be considered for the 2nd, 4th and 5th DCA's; I guess he didn't care much for living in Wakulla.
Mr. Lieberman, currently a General Magistrate assigned to the Juvenile Dependency Division, has also submitted his name to the local JNC for consideration to become a County Court Judge and his name was on the desk of the Governor (along with four others) for an open County Court seat until yesterday when Governor Scott chose Dawn Denaro as your new County Court Judge.
Earlier this week, in Tampa, the Florida Supreme Court JNC interviewed the prospective candidates for the five positions of Regional Counsel. Their responsibility is to nominate up to three names and send those names to the Governor. Gov. Scott chooses one name subject to confirmation by the Florida Senate.
In the 3rd DCA region, the JNC chose to nominate:
Instead, their decision as a Committee was: "To be advertised again in order to see more candidates".
We do not know what went on in the interviews of the three candidates and maybe someone with knowledge of that can provide comments. From what we have heard of the OCCRC office run by Mr. George, like any new office, it experienced growing pains during the first couple of years, and then started to blossom with qualified attorneys handling conflicts throughout the Gerstein Justice Building. I believe that they currently employ Eugene Zenobi and Phil Reizenstein to handle their capital death cases.
So, the question now becomes, if Mr. George is not to be nominated to another four year term - then who?
On a separate note, congratulations to our new County Court Judge, Dawn Denaro. She is 44 years old and has spent her entire legal career with the State Attorney's Office. She takes over for Judge Gayles who was appointed to the Circuit Court.
We hope everyone enjoys their long Memorial Day Weekend. Please remember why we celebrate this weekend and take some time to honor the men and women who have given the ultimate sacrifice in protecting and defending our freedoms.
CAPTAIN OUT .......
Friday, May 27, 2011
Thursday, May 26, 2011
PD Manny Alvarez, last heard about in these pages with his run for Judge (and extremely close loss) wins a big one in the Florida Supreme Court.
However, the question here is whether Delgado committed the additional crime of kidnapping, subjecting him to a sentence of life imprisonment, if he did not know the child was in the backseat before or during his commission of the auto theft, which was the underlying felony used to support his kidnapping conviction. We conclude that because the State failed to produce sufficient evidence demonstrating Delgado‟s awareness of the victim before or during his execution of the underlying felony, critical statutory requirements for the kidnapping offense were not satisfied.
The moral of the story is that great lawyers follow the admonition of Winston Churchil and "never never never give in."
Churchill, in discussing the Battle of Britan in a talk to students at the Harrow school said:
"Never give in. Never give in. Never, never, never, never -- in nothing, great or small, large or petty -- never give in, except to convictions of honour and good sense. Never yield to force. Never yield to the apparently overwhelming might of the enemy. "
Winston Churchill, October 29, 1941.
COURT CLOSED MONDAY. HOW WILL YOU BE SPENDING THE HOLIDAY WEEKEND?
Wednesday, May 25, 2011
Monday, May 23, 2011
Sunday, May 22, 2011
Saturday, May 21, 2011
Friday, May 20, 2011
Thursday, May 19, 2011
Liu had said Alito's vision was an America "where police may shoot and kill an unarmed boy ... where federal agents may point guns at ordinary citizens during a raid, even after no sign of resistance ... where the FBI may install a camera where you sleep ... where a black man may be sentenced to death by an all-white jury for killing a white man, absent ... analysis showing discrimination."
The fact that Alito's opinions bear out his radical philosophy is not enough to overcome the radical right's vengence against anyone who dares to mention that the emperor has no clothes. The AP article via the Herald is here.
Wednesday, May 18, 2011
Tuesday, May 17, 2011
Monday, May 16, 2011
“The vast majority of first DUIs are people who make stupid mistakes. Turning them into criminals doesn’t make any sense. A good number of them are going to get off because an officer doesn’t show, and evidence falls apart. What happens to those people? They’re not on the radar, and they’re not going to get treatment,” Hersh said
The program is bound to be bad for business for attorneys who concentrate in DUI defense as Mr. Hersch does. Maybe he knows something about his pending application to be nominated to the Circuit Court that we don't?
Mr. Hersch, along with Judge White-Labora and attorney Michael Hanzman all have their applications before the Governor for the late Judge Skip Gross's seat.
Meanwhile, MADD is against the program as it does not mandate a five year prison sentence for anyone who thinks of a beer while driving.
There's always Broward.
See you in court.