JUSTICE BUILDING BLOG
Wednesday, June 29, 2011
Congresswoman Michele Bachman is an idiot. And we are doomed as a country if this simpleton is considered a credible candidate for president.
Monday, June 27, 2011
UPDATE- From Robert Kuntz and others in the comments section, another entry we missed:
Rumpole, as surprised as I am sure we all are, you are wrong. Tony Roma's is not the only place in town that serves beef ribs.
Shiver's BBQ on South Dixie serves brontosaurus-sized beef ribs that are outstanding.
The place also has collard greens and black-eyed peas, a swell corn casserole, and fired pickles -- all required for a great barbecue joint. The gigantic incongruous mural depicting western pioneers is nifty, too.
The place has been in the same family for something like 60 years and, while Shorty's has much to recommend it, I'd give Shiver's the nod as best in town.
Thought I'd chime in to stand up for a south county institution.
The verdict is expected to be announced shortly. We will have it for you soon after it's announced. Doesn't look good for Blago....
Friday, June 24, 2011
Thursday, June 23, 2011
Markus said he plans to appeal.
"This fight is not over," Markus said. "We will keep fighting for him. Mark Myrie is my brother, and I'm going to keep fighting until they tell me to stop."
David won't stop fighting even if "they" do tell them to. What more could a client ever ask for in a lawyer?
In a statement he wrote after the sentencing, Banton -whose given name is Mark Myrie - thanked family, fans and supporters from around the world who flooded the court file with letters of support.
"The days that lie ahead are filled with despair, but I have courage and grace and I'm hopeful, and that is sufficient to carry me through," he said in the statement, which was read by Markus. "The man is not dead. Don't call him a ghost."
Wednesday, June 22, 2011
There are no specific findings of fact made by the jury. Indeed, the reviewing courts never know what aggravating or mitigating factors the jury found. It is conceivable that some of the jurors did not find the existence of an aggravating circumstance, or that each juror found a different aggravating circumstance, or perhaps all jurors found the existence of an aggravating circumstance but some thought that the mitigating circumstances outweighed them. ... After the jury's recommendation, there is a separate sentencing hearing conducted before the judge only. ... The defendant has no way of knowing whether or not the jury found the same aggravating factors as the judge. Indeed, the judge, unaware of the aggravating factor or factors found by the jury, may find an aggravating circumstance that was not found by the jury while failing to find the aggravating circumstance that was found by the jury. ... This cannot be reconciled with Ring.The case is Evans v. McNeil, 08-14402-CIV-JEM. The petitioner was represented by Capital Collateral Regional Counsel.
Monday, June 20, 2011
There comes before us, now and then, a case whose proper outcome is so clearly indicated by tradition and common sense, that its decision ought to shape the law, rather than vice versa.
To translate- "every now and then" something just "seems" to be the right result and therefore the Judge's job is to twist the law to reach "the correct" result.
But Rumpole wants to know: "Who or what determines what is the "correct" result?" Activist/sentimental/compassionate judges? Apparently so, as long as the sentiment/compassion yields the result Scalia agrees with.
How do we know that Scalia thinks that sometimes the "right result" must be achieved even when it requires twisting and bending the law by an activist judge? He says so himself!
"One would think that, before allowing the decree of a federal district court to release 46,000 convicted felons, this Court would bend every effort to read the law in such a way as to avoid that outrageous result."
Rumpole says: if you ever doubted that Scalia prays before the altar of the ends justifying the means, just keep re-reading that sentence.
Once again, just so there's no mistake about this- when Scalia's ox is gored he has no problem becoming an activist Judge interpreting a "living Constitution" so long as the twisting and bending and interpreting "avoids" "an outrageous result."
And what is "an outrageous result?" In Scalia's mind it is apparently releasing healthy and muscle bound males into society. When this happens we believe you will find Nino stacking chairs against the doors to his chambers so that the fairer sex are not ravaged by men "with intimidating muscles." Who knew the Justice was so easily scared? We guess he flips quickly through the cable channels that carry professional wrestling and that you will not find him at the Supreme Court gym pushing out another set of "lats" "pecs" or "tri's".
"Most of them will not be prisoners with medical conditions or severe mental illness; and many will undoubtedly be fine physical specimens who have developed intimidating muscles pumping iron in the prison gym."
In Scalia's world, a prison system that stands by while its inmates die of untreated hypertension or that leaves its mentally ill inmates in puddles of feces and urine is a mere inconvenience in light of the fearsome effect of incarceration on an inmate's musculature system. For Scalia its all about not being unlucky enough to be convicted, because your case (or your actual innocence even if facing execution) is something to be twisted and turned by the whims of activist judges seeking to avoid scary results.
Saturday, June 18, 2011
Friday, June 17, 2011
Wednesday, June 15, 2011
Here's where it gets even more interesting. The Vice Chair of "J" is Homicide Prosecutor Tom Coleman. He worked with Scheinberg at the SAO for years (not in Homicide, a recent promotion), and currently reports toBrian Cavanagh, who wrote a lette in support of Scheinberg. The other members of J are: Mark Andrew Levy (Chair), Eugene Keith Pettis (Designated Reviewer), Minerva Vazquez Bailey, Brian L. Lerner,Mimi L Sall, Donna M. Marra, Jean-Pierre Mucha, Michael O'Rourke, and Scott Ross. Courthouse regular Pettis was apparently the Designated Reviewer for both "H" and "J".
Tuesday, June 14, 2011
Monday, June 13, 2011
2012 ELECTION UPDATE .....
The following non-incumbent candidates have filed to run for Judge:
Group 15 - Maria Elena Verde ....The seat is currently held by Judge Lester Langer.
Group 42 - Miguel de la O .....The seat is currently held by Judge Lawrence Schwartz
Group 47 - Maria de Jesus Santovenia ..... The seat is currently held by Judge Arthur Rothenberg
Group 49 - Richard Hersch ..... The seat is currently held by Judge Mark King Leban
Group 27 - Ivonne Cuesta ..... The seat is currently held by Judge Sheldon Schwartz
All of the incumbent Judges are retiring.
Also expected to file in County Court Group 28 is Jacqueline "Jackie" Woodward. Judge Catherine "Katie" Pooler is retiring.
IN OTHER NEWS .....
So, you want to be a 3rd DCA Judge .....
The following candidates will be interviewed for the open seat as the result of Judge David Gersten's retirement. 15 have applied including three Circuit Court Judges, three County Court Judges, and one Judge of the Compensation Claims Court (Pecko):
Judge Jennifer D. Bailey
Bambi G. Blum, Esq.
Jonathan D. Colan, Esq.
Gail Ash Dotson, Esq.
Judge Ivan F. Fernandez
Michael H. Galex, Esq.
Esther E. Galicia, Esq.
Ivy R. Ginsburg, Esq.
Judge Norma S. Lindsey
Thomas W. Logue, Esq.
Judge Maria D. Ortiz
Judge Kathryn S. Pecko
Judge Gladys Perez
Judge Jose M. Rodriguez
Edwin A. Scales, III, Esq.
If you want to provide comments to the JNC, please direct them to Jeffrey Bass, Esq. (Chair), Shubin & Bass at email@example.com .
So, you want to be the Regional Counsel for the 3rd District OCCCRC .....
As I reported two weeks back, the Supreme Court JNC had their first round of interviews for this four year appointment and only one name is being considered so far: Joseph P. George, Jr. The JNC has decided to re-open the process, accept more applicants, and conduct more interviews. They would like to send three names to Governor Scott for his consideration.
If you are interested, you have until July 15, 2011 to get your application submitted to the SCJNC Chair, Martin Lee Garcia. Go to the Florida Bar web site for more information.
So, you want to be a Circuit/County Court Judge .....
Two open seats on the Circuit Court. The JNC will be conducting interviews on Thursday, June 13, 2011 with three to six names being recommended to the Governor for his consideration. Tough luck for the winners, who will likely be named before August 14th. If they get the appointment before that date, they will need to run for a full term in 2012. Anyone appointed after that date, will in effect get a three year appointment and not have to run until 2014.
Two open seats on the County Court. The JNC has not yet set interviews for these two seats.
School is out so the traffic should be lighter. And according to the NWS, our long hot humid summer should be arriving this week. Ugh.
Enjoy your summer vacations. Here's hoping the NFL has a season in 2011 or Horace will be writing once less column on the weekends.
CAPTAIN OUT .....
Sunday, June 12, 2011
Friday, June 10, 2011
The local hoopsters dropped their second in a row in Dallas Thursday night and now limp home to Miami down 3-2 in the series. The MAVS storm Miami needing one of two to wrap up their first NBA Championship.
Lebron James, coming off a horrendous 8 points in game 4 (none in the fourth quarter) followed that up going 1 for 4 in the fourth quarter and scoring only two points when his team needed him most.