Court junkies will like this. State AND defense agree they want a 12-person jury, not six, for a first-degree murder case. Death waived. Dade Judge Mark Blumenfeld insists on six. Trial halted so an appeal can be made to Third DCA
A search for Judge Mark Blumenfeld was immediately commenced by Court Junkies, to no avail.... Veteran attorney Jack Blumenfeld had to turn off his cell phone by the end of the day, as callers wondered when he had been appointed to the bench.
But Judge Mark Blumstein could be the one facing the conundrum.
Rumpole says, nice try but 6 is all youse get. It's all your're entitled to, and it's all you get. If you start letting lawyers choose the number of jurors, you could wind up with 5 or 15. The first rule of Judging is don't let the inmates run the asylum, and by "inmates" our robed readers clearly mean trial lawyers.
Our sympathies are with the lawyers. After all, who knows better on how to handle a case?
But rules are rules, and we are not even sure a writ of cert or prohibition is well founded.
In other legal news, a new judge wondered if s/he could set aside a not guilty verdict and some prosecutors asked for a jury instruction that if a defendant doesn't testify, the jury can wonder what s/he is hiding. (One of those really happened a few years ago).
Many moons ago Judge Gillman directed a verdict for the State on a DWLS charge after granting a JOA for the defense on the DUI charge. The State ended up dismissing the DWLS for obvious reasons.
ReplyDeleteThe Florida Supreme Court and Third District Court of Appeal disagree with you Rumpole—even where the State waives the death penalty, the fact that it IS a possibility retains the statutory right to a 12 person panel in a first degree murder case.
ReplyDeleteState v. Griffith, 561 So.2d 528 (Fla. 1990)
Alfonso v. State, 528 So.2d 383 (Fla. 3D 1988)
Might want to dial down the smug I-know-everything tone you seem to ooze.
ReplyDeleteTHE CAPTAIN REPORTS:
YOU'RE HALF RIGHT RUMPY .....
Rules may be rules but if both the State and the Defense agree to a 12 person jury, and the Judge signs off on it, then it's 12 you get. That's what happened in the Kaufman case when the lawyers did choose the number of jurors.
State v. Adam Kaufman, F09-12392. Judge B. Miller. Defense Attorneys Bill Matthewman and Al Milian. The Defendant was charged with Second Degree Murder. Matthewman filed a Motion Demanding that the Court seat a 12 person jury. The issue was litigated and the ASAs on the case eventually agreed to the Motion. Judge Bronwyn Miller was also good with the now agreed request for a 12 person jury. On June 5, 2012, a 12 person jury returned a verdict of Not Guilty.
https://www.miamiherald.com/latest-news/article1940377.html
(I do not recall who the ASAs were; but I'm sure someone on here will remember their names).
CAPTAIN OUT .......
Captain4Justice@gmail.com
The ASAs were Kathy Hoague, Joe Mansfield, now a judge, and Matthew Baldwin, now in private practice.
ReplyDeleteI tried a first degree many moons ago. First one was hung. Second trial ended with a victory with a manslaughter conviction. Both were tried to 12 person jury. Unless the law has changed Me thinks Rumb is wrong. Defendant entitled to 12, not 6.
ReplyDeleteRump is right, but don't quote me.
ReplyDeleteCaptain but the judge does not have to sign off on it
ReplyDeleteRUMPOLE - what is your email?
ReplyDeleteCaptain- email?
I do not have an email. Like POTUS I only tweet
ReplyDeleteSome Miami Judge I never heard of is on People website getting engaged to some actress I never heard of. What gives ? I've been around 20 years and no idea about this.
ReplyDeletehttps://www.miamiherald.com/news/local/crime/article13776776.html
ReplyDeleteJust as defendants under 18 are no longer subject to death with the change in the death statute if the State does NOT file a legally sufficient death notice on an individual over 18 in a timely fashion such that death is NOT then an option than the case is no longer a capital case.
ReplyDeleteBlumstein is extremely slow - if you have a case with him, prepare to be there all day long. Maybe he only wants 6 jurors because it will take him twice as long to pick 6 as it would take other judges to get 12.
ReplyDelete