The Supreme Court takes up two separate "Gay Marriage" cases this week. On Tuesday the court hears argument in Hollingsworth v. Perry, which examines whether the State of California violated the Due Process clause when voters enacted a law that prohibited Gay Marriage. On Wednesday the court hears argument in US v. Windsor which examines the scintillating issue of whether section three of the Defense of Marriage Act violates the fifth amendment's equal protection of law guarantees.
Here is our take: WHO CARES? How does it bother anyone if two people of the same sex get married? Who does it affect and how does it affect them? Even better, lets say two people of the same sex do not get married but walk around and introduce themselves as a married couple. Should that be illegal?
Passover this week, so it should be a light week in court.
LET MY CLIENT GO
Judge Firtel caught some flack this weekend for granting a bond in a case in which the defendant failed to appear. The Herald Hyperbole is here.
Nothing good can come of this.
Every time a judge gets negative publicity for granting a bond, it gets harder for the rest of us to get one for our clients.
That's why we have two recommendations: First: from now on, every time your client gets a bond over the opposition of the prosecution and appears in court for a hearing, we recommend that you continually remind the judge of the prosecution's initial opposition.
"My client is present your honor. If you recall, a year ago the prosecution vociferously argued against bond, and yet my client has made every court appearance and has not been re-arrested."
Try it. It works. It's a way of reminding the judge that his/her decision has been validated.
Second: email "you know who" at the Miami Herald and see if the Herald will publish an article:
"MAN RELEASED ON LOWERED BOND RETURNS TO COURT!"
"John Smith, whose bond Judge Fairness lowered from $250,000.00 to $30,000.00 eleven months ago, returned to court today for trial, despite the prosecution throwing a fit during the bond hearing in which they whined that the defendant wouldn't return and would surely engage in a one man crime wave rivaling that of the fictitious Tony Montoya in Scarface."
The second thing will never happen. The story doesn't sell newspapers. But our brethren criminal defense attorneys could and should continually remind judges that the prosecution opposed their client's release every time the case appears in court.
Let my clients go.
See You In Court.
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