Herald/Ovalle article on mistrial here.
Retrial with jury selection to begin again next Wednesday.
Harry's- in the Design District- has been tagged as one of the "Best New Pizza Places in the US" in this Huffington Post on line article.
Your choice?
REMINDER: Get your suicide pool picks in. Week two starts with Da Bears at Packers Thursday night football tonight.
PCA'd.
Getting PCA'd after spending a year working on an appeal stinks. A quick check of the 3rd DCA's opinions issued wednesday shows 24 PCAs and ONE written opinion (and in that opinion they wrote to cut off a prisoner's ability to file anymore appeals.) Not a great day at the 3rd DCA for the defense.
Lebron Murder Trial:
Just follow @davidovalle305 on twitter for updates on the gruesome Lebron murder/kidnapping/sexual battery trial. He is sitting through the entire horrific case. The hashtag is #AnaMariaAngel.
See You In Court.
Frankie's on Bird Road, it's like nothing else.
ReplyDeleteFrankie's , Miami's Best Pizza , Steve's Pizza, Primo Pizza (beach location only).
ReplyDeleteJust like Rumphole to cut off an important debate on an issue which garnered the attention of the Miami Herald in favor of PIZZA. He doesn't want us discussing ethics and responsibility. No no. Pizza is far more important.
ReplyDeletePCAs - SEE MY LETTER OF 5-15-12 TO THE BAR NEWS.
ReplyDeleteGov Skelitor announced success. 207 NON- Citizens removed from FLA's voter rolls. Course there were 12 Million voters. so what percentage is 207/12,000,000 ?.
ReplyDeleteHate to say it, but pantygate is symptomatic of deeper troubles at the PDO. Floridahasarighttoknow.com could be the best medicine for the office, as it lays bare the persistent financial problems and cause of the dysfunction.
ReplyDeleteTallahassee has been stingy. But the pay disparity at the PDO is not the fault of Tallahassee. Among felony Supervising Attorneys, there are differences as great as 30 or 40 thousand dollars. There are fifth floor non-lawyer employees making 60k, without being able to articulate their job description in a single sentence. There are rumors that an outside source is being paid tens of thousands of dollars to throw a Gideon party. There are SSAs who keep their doors locked and read the papers.
All the while the vast majority of pit attorneys make something in the upper 40s.
In five or six years will Rory Stein, Gary Pont, Marie Osborne, Guy Robinson, Steve Kramer still be there?
Alex Stern is gone, Ivonne Cuesta is gone. Madeline Acosta wants to be judge, Kevin Hellman was interested in being Regional Counsel.
Who is in line to replace them? Where's the middle of the organization?
WELCOME TO THE OFFICIAL RICHARD E GERSTEIN JUSTICE BUILDING BLOG. THIS BLOG IS DEDICATED TO JUSTICE BUILDING RUMOR, HUMOR, AND A DISCUSSION ABOUT AND BETWEEN THE JUDGES AND LAWYERS WHO LABOR IN THE WORLD OF MIAMI'S CRIMINAL JUSTICE. POST YOUR THOUGHTS OR COMMENTS, OR SEND RUMPOLE A PRIVATE EMAIL AT HOWARDROARK21@GMAIL.COM
ReplyDelete(Where does it say pizza, football, instead of actual news)
Anyway we can send some drones over to Yemen and other places to disperse the rioters who want to tear down our embassies and murder our citizens? A little blast from above might clear things out pretty quickly.
ReplyDelete9:55 what it means is this is MINE. I created it. I own it. I can do with it as I damn well please. Don't like it? Don't read it. Simple.
ReplyDeleteThere is a very simple reason why I did not do a front page post on the PD/Facebook issue. It is way overblown. The young woman made a mistake. Who hasn't? Personally, I don't think it merits her being fired and I don't think it merits a Herald article. So I don't want to fan the flames. She has suffered a enough from a simple misjudgment. By all accounts this young woman was a hard working PD who tried lots of cases and was considered a valuable member of the office. And for one simple mistake she is canned? Doesn't seem fair. Plus she is pregnant. So she loses her job and the maternity leave she was planning on. Isn't that enough punishment? She doesn't need me egging all of you vicious idots on. I have posted your comments, so the discussion continues. It just doesn't merit more publicity.
Pretty hypocritical how when a PD excercises 'bad judgement', it is buried in these pages. But when it's a prosecutor it becomes page one. Shame on you Horace.
ReplyDeleteRumpole your comment posted at 11:31 should also be directed to
ReplyDelete@7:36:00AM.
Why do people enjoy seeing others in misery? Keep beating a dead horse and mooooooove on.
Why do people enjoy seeing others in misery or wanting to see them fail or are happy when something bad happens? No need to beat a dead horse so mooooooove on.
ReplyDelete9:55 Where does it say actual news??
ReplyDeleteRUMOR, HUMOR, AND A DISCUSSION ABOUT AND BETWEEN THE JUDGES AND LAWYERS
I say pizza and football qualifies under the humor and discussions between.
Sounds like you want the Rumors, not even 'actual news.'
Mauro's in downtown Hollwyood. It is devastating to get PCA'd after killing yourself on a brief. It is like being a teenager and working up the courage to ask a girl out only to be told "you must be joking?" OUCH
ReplyDelete12:12- you would be shocked the information about ASAs I have received- much of it verified- that I have not posted. The last ASA I remember commenting about on in a post was that guy who was sexually harassing SAO employees. I see a big difference between what the PD did here and a government emmployee (with a very very bad reputation before it all began) sexually harassing people he supervised. And I certainly remember sticking up for the ASAs who were disciplined and fired during the infamous Christmas eve massacre a few years ago when prosecutors were disciplined and others fired for following the request of a judge who wanted them to nolle prosse some small misdemeanor cases for defendants with no priors who brought in gifts to be used for children charities over the holidays. Like this case- those prosecutors used some bad judgment but did not deserved to be fired and I railed about the unfairness of it for days if not weeks.
ReplyDeleteSo I categorically reject your contention that I use this blog to protect PDs and attack ASAs. The evidence shows otherwise. Of course if you feel that way STOP READING IT. Go read the guest blogger at South Florida. And let me know what he says about me.
1:07 well put. I well remember the feeling of the former and unfortunately the later, but not lately with either thankfully.
ReplyDeleteYou may disagree rump, but it made the Daily Mail of London
ReplyDeleteIf he indeed is the guy who committed that heinous act to that couple may the good lord give him what he deems just, and may justice takes it's course.
ReplyDeleteOn another note it's a pizza place in Buffalo that I went to named La Nova pizza. Best pizza I ever had caught the shuttle from the double tree and came back to the hotel and ate while I watch a special on MSNBC. Vocelli Pizza in Eastern Shores right here in Miami, is a great pizza place as well.
1:58 ReallY??? How sad.
ReplyDeleteA good pie should be simple. Not too many toppings. They can add weight and moisture.
ReplyDeleteLeo's on Coral Way and SW 67th Avenue. The old man still pounds the dough himself and singes that crust just enough so that the slice can just about stay horizontal.
Miami's Best is some of the worst. Pizza is greasy and popular with the UMmers. That's enough to keep me away.
Steve's makes a good pie, and I like the sauce.
Frankie's "half-baked" is a good choice, you can finish it at home perfectly.
For a yuppie pie, try Andiamo's in Morningside/Little Haiti, 56th and BB. Very nice crust and sauce.
None of you peons could get a seat at the restaurant where I eat pizza. And it costs way more than you can afford. And its special. Only for me. And the moment I see some cretin lawyer from the justice building in my pizza restaurant, I will bolt from there so fast the carpet behind will catch on fire.
ReplyDeleteBest pizza I've had recently was at Motorino in the East Village.
ReplyDelete
ReplyDeleteTHE CAPTAIN REPORTS:
WHAT HE SAYS ABOUT YOU .....
Here is the quote:
"Rumpole confessed in the comments that he can't understand issues beyond pizza, football and traffic tickets. I like Rumpole, and I want to keep him as an engaged reader, or at least for now someone who looks at the pictures. So this is for him."
"Oh, see. Oh, see Dick. Oh, see Dick Run. Fast, fast Dick. Don't get a ticket!"
"That should keep him busy for a while. "
Your turn Horace .....
Cap Out ....
if anyone knows about pizza, its jonathan blecher.....
ReplyDeletenever met a pizza he didnt like
How about a case law update. I saw this and thought it maybe interesting:
ReplyDelete37 Fla. L. Weekly D2039a
Criminal law -- Sentencing -- Criminal Punishment Code -- Downward departure -- Trial court properly imposed downward departure sentence on ground that defendant requires specialized treatment for a mental disorder that is unrelated to substance abuse or addiction -- Court recedes from cases that impose additional requirement that defendant must also establish that needed treatment is unavailable in
Department of Corrections -- Conflict certified
STATE OF FLORIDA, Appellant, v. JAMES ROBERT OWENS, Appellee. 5th District. Case No. 5D11-4257.
Opinion filed August 24, 2012. Appeal from the Circuit Court for Citrus County, Richard A. Howard, Judge.
Counsel: Pamela Jo Bondi, Attorney General, Tallahassee, and Megan Saillant, Assistant Attorney General,
Daytona Beach, for Appellant. No Appearance for Appellee.
EN BANC
(ORFINGER, C.J.) The State of Florida appeals the downward departure sentence imposed on James R. Owens following his nolo contendere plea to several felonies and misdemeanors. We affirm, but elect to consider this
case en banc to recede from a line of earlier cases that impose a requirement on a sentencing statute that goes
beyond the statute's plain language.
Florida law provides that a trial court must, at a minimum, impose the lowest permissible sentence on a criminal defendant calculated according to the Criminal Punishment Code, unless the court finds that the evidence
supports a valid reason for a downward departure. § 921.00265(1), Fla. Stat. (2010). A trial court is permitted to
impose a downward departure sentence when a defendant requires specialized treatment for a mental disorder that is unrelated to substance abuse or addiction, or for a physical disability, provided the defendant is amenable
to treatment. § 921.0026(2)(d), Fla. Stat. (2010). That was the trial court's finding here.
However, this Court and
others have added an additional requirement, not found in the statute, that the defendant must also establish that the needed treatment is unavailable in the Department of Corrections.
go to FLW to read entire case.
the thing that sucks the most about PD Pantygate is that both defense lawyers and both prosecutors worked very hard on their cases. All four of those lawyers had great reputations for excellent advocacy and ethical conduct. One bad judgment call and then everyone gets dragged through the mud.
ReplyDeleteCisco finds it repulsive that Carlos Martinez fired this woman. Cisco recalls the revolt that took place some years back. History has absolved those youngsters..
ReplyDeleteWatch your back Carlos... History repeats itself
Miami PD makes lawyer of the day on Above The Law. Pantygate is making headlines WORLDWIDE! Hooray for Miami!
ReplyDeleteAbsolutely no mistake that the veteran local law enforcement officer, without knowledge of the prosecutor, did this on purpose.
ReplyDeleteThe question is, whether he did it to taint the jury, or whether he did this on purpose knowing it was a good defense jury for life.
Fink is a good lawyer. He should explore the later.
Regardless, the cop is a scumbag, because he has a badge and is lawless. I understand its gruesome, but let justice run its course. By doing what he did, he has given hope to a monster and grief to the victims and their families. What a punk.
I responded captain. Check out his blog.
ReplyDeleteDS: That case has been discussed on the listservs since, about, uh, August 25; Are you going to report that Mitt Romney won the nomination as well?
ReplyDeleteAndiamo's has a nice ambiance, if your on a date, but the pizza in my opinion is mediocre/ border line lousy.
ReplyDeleteBest gambling movie ever? Color of Money.
ReplyDelete"All of the sudden you appear on the scene and I'm jumping again. You remind me that...that money won is twice as sweet as money earned. .. But you got have two things to win. You gotta have brains AND you gotta have balls."
Fast Eddie Felson, The Color Of Money.
We all know the best pizza is at Chuck E. Cheese.
ReplyDeletePantygate is making the Miami legal community look very bad! According to numerous news reports not only did the PD post the pics but she also commented on her client's innocence on facebook. Those are serious ethical violations and she deserves to be disciplined by the FSC for them. What she did makes the entire PDO, hell, the entire profession look bad.
ReplyDeleteThis is exactly why people mistrust and hate lawyers.
ReplyDeletebest gambling movie is Rounders bar none
ReplyDeleteBest pizza: Lobster pizza at El Polo Norte in Hialeah Gardens.
ReplyDeleteI truly feel bad for anya she really is a great attorney. she made a BIG MISTAKE and it should be addressed but in reality I would trust her to defend me in trial and that says a lot. I hope she can recover from this with minimal damage. I also think Carlos did the right thing in firing her. her bad judgment Is a bib black eye for the PDF office and cost tax payers hundreds of thousands of $. it was immature. however she is extremely bright and talented.
ReplyDeleteCarlos is a punk. That young woman should still be a pd.
ReplyDeleteShe is smart and very dedicated. I was appalled she had posted that picture, but it is overblown. I'm sure there will be serious professional consequences for her, on several fronts. But really? Giving all Miami lawyers a bad name? Please. Costing hundreds of thousands of dollars? Really? I don't think so. It's like a case I recently tried - facts are bad enough as they are, no need for the prosecutor to embellish and exaggerate in close (even though, of course, he did). the newspaper picked up on it because it enflames the passions of the masses (ignorant judgemental masses BTW). And the characterization of the client trying to fire his lawyers...PLEASE!! Most of my very very serious clients and I have major disagreements. In court appointed work we all know it happens fairly often. Sometimes they get really mad and do a nelson hearing. I've had lots. Not a single one had merit of any. Never sustained. Most of the time I don't even need to respond. So the little news blurb about the client trying to fire them before but being denied implying that the defense team should have been fired previously, please. And let me tell you, the post about her commenting on her clients innocence was by several accounts solely a statement recounting that she was going to trial and a few of the states facts as alleged. There was NO pondering or statements about the guilt or innocence of her client. its so mischaracterized, I would call it a lie. Who hasn't repeated the states version of a case and not said "allegedly" before every accusation?? Does that mean if I forget to insert allegedly I am commenting on my clients guilt? Please. I hear lawyers do it everyday. We all know allegedly is mean. As many of the rreaders of this blog, I am a former Miami pd. That office has a strong internal dynamic of fighting for justice and caring for clients. I have been a part of it and I have seen it in most other pds there. And anya was one of those lawyers. The public is always going to be nasty to criminal defense attorneys until someone in their family needs to hire one of us. The fact that people are worried about hurting our reputation is silly and niave. Do you think the community loves you and values your skills when you're defending someone the state says is a brutal premeditated murderer? It you don't do that level of trial, I can tell you, they don't know. Even some of your non lawyer friends can't wrap their head around it.
ReplyDeleteThere is no pizza in florida.
ReplyDeleteBest pizza, near Cardoza Law School on Court Street in Brooklyn, Sicialian and regular, omg, the best.......
Brooklyn Law School is just off of Court street not Cardozo. And the pizza you are referring to is Queen Pizza. The best in the world hands down.
ReplyDeleteAmy's is a very good attorney who made a stupid mistake we all have done it. she should be OK.
ReplyDeleteBeware of Polo Norte. They just got hit for a huge settlement on a food poisioning case.
ReplyDeletesorry, you are correct, it is Bklyn Law.......I get it well done with a little extra sauce
ReplyDelete