Faigns v State:
However, we note that comments on the credibility of counsel, such as those
at issue in this case, are recurring in closing arguments at an alarming rate.
We caution counsel for both the prosecution and defense to uphold their
professional and ethical obligations and to be mindful of the line clearly
established by the courts of this State. See, e.g., Jackson v. State, 421 So. 2d 15
(Fla. 3d DCA 1982); Del Rio v. State, 732 So. 2d 1100 (Fla. 3d DCA 1999). We
also entreat the trial courts to be mindful of such misconduct and to respond
accordingly with appropriate curative instructions and firm admonishment of
counsel.
As we say in England, "Forewarned is forearmed."
SCHEINBERG SUSPENDED TWO YEARS
When we last left Broward ASA Howard Scheinberg, he was on the losing end of a Bar Referee's report recommending a one year suspension for his canoodling, incessant texting*, and all around bad conduct with then circuit Judge Ana Gardiner during the time he was prosecuting Omar Loureiro in a first degree murder case before Judge Gardiner. But then, it's Broward, and if you don't have the judge in your back pocket, don't bother showing up for court.
The Florida Supreme Court has affirmed the decision of the referee, upholding a violation of Bar Rule 4-8.4(d) (A lawyer prosecuting a capital case shall not engage in canoodling, texting, sexting, and /or phone calls with the presiding judge) but upped the suspension from one year to two. The decision is here.
While the 3rd DCA reminded us to play nice, the Florida Supreme Court has reminded us not to play too nice.
And this thought just occurred to us: A prosecutor gets suspended for two years for (more than likely) having sexual relations with a judge. Alex Michaels gets two days jail for telling a prosecutor (allegedly) to have sex with himself. If the prosecutor in Broward had listened to Alex.....everybody wins!!!
Meanwhile, Alex Michaels did what he does best this week: A NOT GUILTY in a case before Judge Murphy.
See you in court.
* 949 cell phone calls and 471 text messages. When did this guy find the time to prepare for trial????
Te vas a repentir!
ReplyDeletePerdona, pero es arrepentir, no repentir.
ReplyDeletegame 7 tonite anyone? ive been to all the play off games and the only criminal lawyers that i have seen have been ed shohat and simon steckle. neither get access to club hyde however.
ReplyDeleteRumpole's tweet are da bomb! I want to join! I want to join!
ReplyDeleteWhere do I sign up?
Fake Godwhacker
With a hat tip to Woody Allen, Scheinberg was doing to Gardiner what Gardiner was doing to our clients.
ReplyDeleteThat comment about Alex and Scheinberg.....perhaps the funniest ever! Brilliant!
ReplyDelete
ReplyDeleterump -- what was the punishment to Judge Gardiner?
PS: How come Kenny W. has not commented on all the press Spencer Aronfeld has gotten about his dapper dressing, handmade suits and shirts, only eating at the top restaurants, etc.?
Admit defeat.
ReplyDeleteWhat Negative Things Can You Come Up With Now About The HeaT Rump??
ReplyDelete
ReplyDeleteI have been to many sporting championships in my lifetime. And each one seems like the best when and while you are there. Game Seven last night was no different.
The Spurs were as worthy an opponent as we could have ever faced. The classiest team in the league. As D Wade described them, they are the Silent Assasins.
Before the series I said the Heat would win in six or seven. So, I guess I have the right to say, "I told you so". Instead, what I will say, is that I hope everyone can appreciate that winning a championship is not easy. It is hard. And it takes a complete team to win it all. Having the best player on the planet guarantees you nothing.
Well, let me correct that. It guarantees you that every sports writer , and critic, and hater, and everyone else on the face of the planet will never let you enjoy the moment. And congratulate the hard work and effort that it does take to do what Lebron, and the rest of this team does to earn what they earned last night.
I have no doubt those haters will be back next year, with more criticism, and find something negative to say if we don't three peat.
I will choose to enjoy every single moment of this ride, for however long it lasts.
For the last time this season, I am proud to say that I am a
HEAT FAN
CONGRATS TO THE 2013 NBA CHAMPIONS.
Rumpole, man up and congratulate the Miami Heat on their second consecutive NBA championship!
ReplyDeleteI will on Monday. I have a post already written. You can read it on your phone as you and the rest of the chumps stand in the mid day sun sweating and cheering for athletes who care not one whit about you.
ReplyDeleteRump, you only cheer athletes who "care" about YOU? How many is that?
ReplyDeleteYou're kidding, right?
You sound like a really bitter ol' man. Either that, or you lost a bundle on the Spurs.
You Can Say That About All Athletes Then Rump..... Why Follow Sports Then? What Teams Do You Root For That Have Players Who Care "One Whit About You"? Please, Do Tell.....
ReplyDeleteStarting To Lose Credibility......
What is the deal with fruit on the bottom yogurt? I mean we haven't reached a technological era where the yogurt can be made with fruit evenly distributed throughout?
ReplyDeleteRump, I have personal knowledge that the players do care about the fans. If you don't like the Heat, don't like them. But you are the one acting like a baby and a sore loser, constantly calling names and unable to acknowledge the fact that they are the best team for the second year in a row.
ReplyDeleteWhat say you about Judge Dresnick's ruling in the Miccosukkee case? Was he right? And how do you charge more to defend paying a judgement, when you admit liability, than the judgement is worth? Am I the only one who suspects that Lewis, Tien was kicking back part of their excessive fee to the then-chairman of the tribe?
ReplyDelete"athletes that care not one whit about you.." bro, who needs them to care about us.??i have a wife and kids that do that. i just like my team to win.
ReplyDeleteball so hard!!!
go HEAT
It was a warning. But, check by a Westlaw search and see how long it has been since the 3rd DCA has reversed based on prosecutorial misconduct in closing argument in a criminal case. LOL Can't take this too seriously based on their record over the past several years. If it was the Chief Judge Schwartz era we are talking different story.
ReplyDeleteWait until their precious parade on Monday l will acknowledge them then.
ReplyDeleteIn prep for the heat parade and then the big shumie cigar 4th of july blowout I've been alternating one day carb loading and one day higj protein high creatin drinks with blueberries and super aca fruit. When the bell rings I will answer it.
ReplyDeleteOn the closing argument warning by the Third, I saw prosecutors pushing the envelope all the time and, you know what? The prosecutor got his conviction and the conviction was affirmed. Until the Third is willing to reverse these cases, I see little incentive to tone down the rhetoric.
ReplyDelete