JUSTICE BUILDING BLOG

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, LAWYERS AND THE DEDICATED SUPPORT STAFF, CLERKS, COURT REPORTERS, AND CORRECTIONAL OFFICERS WHO LABOR IN THE WORLD OF MIAMI'S CRIMINAL JUSTICE. POST YOUR COMMENTS, OR SEND RUMPOLE A PRIVATE EMAIL AT HOWARDROARK21@GMAIL.COM. Winner of the prestigious Cushing Left Anterior Descending Artery Award.

Tuesday, September 27, 2022

COURTS CLOSED WEDNESDAY AND THURSDAY

 The announcement came late Tuesday morning. Courts are closed Wednesday and Thursday. 

Why are those days different from all others? 

Perhaps that's a question best left for biblical scholars. 

Maybe it's the closing of our favourite Starbucks right off of Brickell that did the trick. 

Either way, don't go on zoom in the next few days. You'll be all by your lonesome. 

Stay safe. 

Monday, September 26, 2022

WITHER COURT ON TUESDAY OR WEDNESDAY?

COUPLE OF UPDATES 

Regional Counsel can read the weather maps. They have closed their offices. The lawyers of course can work and zoom from home. But this protects their staff who otherwise would have to drive through a storm. 

Speaking of a storm- maybe we cannot read a weather map. Maybe we are confused. Because otherwise we see a prediction for wind of 30-40 mph and driving rain for the next two days. But. gotta get those disorderly conduct cases tried right? No court closures here. 





Are those maps showing serious wind and rain in South Florida? 

Who cares? 

NWS MIAMI

 5 AM EDT, 9/25/22: Tropical Storm #Ian Update.

#Ian continues to organize & move through the Caribbean. With the majority of South FL outside of the cone, this does NOT mean we are in the clear. Impacts can extend well east of the storm center. #FLwx #Ian



We are not alarmists. But while Ian will not directly impact South Florida, charts show that winds upwards of 30-40 mph will affect Miami-Dade and South Florida on Tuesday. 
While we have no concern over judges in Broward driving through a storm, we do not think court employees in Miami should be required to do so. 

We need some statement from Judge Sayfie and the ever popular Miami-Dade Courts twitter account to clarify this issue. 

Sunday, September 25, 2022

NFL WEEK THREE 2022 STORM EDITION

UPDATE: We have posted the Survivor Pool picks. The losses by KC and Chargers devastated the players this week. After a record setting number of players to start, we are down to seven by week three. Notables out this week are the reigning champ Feet of Clay Kaeiser and Robin Faber who took a loss with two bye weeks in his pocket.  Survivor NFL is a tough tough game to play well. 

YOUR MIAMI DOLPHINS are the real deal. They won today. They have a tough and gritty QB who can sling it; they have a run game; they have dangerous wide receivers who have speed and in the NFL speed kills and they have a D that stands up when it needs to. Don't look now but your Miami Dolphins are alone in first place in the AFC East.  

We have some games to pick, and the survivor pool to post, but we are well known as willing to take any prop bet at any time. So consider this- Miami- our fair city- is on the edge of the Cone Of Certain Destruction and End of Life as we know it. 

Assuming 100MPH winds are the goal, we post Miami as +70. That means if you want to bet Miami hits 100mph winds, you get +70mph as points.  If Miami gets gusts of 29mph, you lose (70+29=99). On the opposite side of this bet is Sarasota at +15. If Sarasota gets 100MPH winds you get 15 MPH as points. if the winds in Sarasota are 84 you lose (84+15=99) if they are 85 or above you win. We are taking Sarasota +15 and not Miami +70. 

Buffalo comes to Miami. Wings and beer meet Sushi and Saki and SOBE. Buffalo is favoured -6. Take the points and just like we rode Miami's losing streak last year, lets ride their winning streak this year to keep it close. Go Fins!  MIAMI WINS!! 

Eagles at Commies. Over 47.5 for sure. Both QBs are lighting it up. Eagles are -7. We like dem birds, but not -7 on a short week. Eagles to win, but Commies +7 on the bet. OVER LOSES AND  EAGLES WIN BIG  AND DC DOESN'T COVER. 

Jags at Chargers. Over 47. Jags have themselves a QB. Chargers have themselves a QB. Chargers are angry. Jags are excited. That's a prescription for lots of points. Take the over. OVER WINS BY A POINT 

Packers at Bucs -1. TB12 has some issues with receivers being injured. Godwin is out. Evans is suspended. Aaron Rodgers getting a point? We are in. Pack +1.  PACKERS WIN 

KC at Indy. Biggest bust of the year? Bengals? Nah. It's Indy. Some sharpies were picking them for the Super Bowl. Now they are set to be first up in 2023 NFL draft. KC -6 because they are KC.  KC LOSES 

Speaking of the Bengals, they travel to New Jersey to play the New York J..E..T...S Jets JETS JETS. Gang Green is getting 4.5.Probably not enough, but what the heck, let's have some fun and take the J...E...T....S  +4.5. JETS DISAPPOINT 

Survivor Pool coming soon 

Book1 SURVIVOR Week Three by Anonymous PbHV4H on Scribd

Friday, September 23, 2022

WOMEN LIFE FREEDOM

 Mahsa Amini was a 23-year-old Iranian woman who was arrested by Iranian Morality Police (yes they have such things in Iran, and in States in this country where women want to get an abortion) for violating the Hijab law. She died in custody, beaten to death. 

Protests have erupted across Iran and the world, with people chanting "Women..Life...Freedom" 

Bruce Springsteen sang "you can't start a fire without a spark" and Iran has been dancing in the dark since religious extremists came to power in February 1979. 

CONE OF CONCERN

In Miami we have the cone of uncertainty- called the "cone of certain death and destruction and all hope is lost unless you immediately go to Publix and punch your neighbor over a bottle of water while your spouse fights for the last piece of plywood at Home Depot"  by Channel 7, your scare the sh$t out of you storm channel. 

Try and not panic. 

Enjoy the weekend. The Fins may well beat the Bills Sunday and wouldn't that be something? 

Courts are closed Monday for the New Year religious celebrations, so you have a long weekend courtesy of the church/synagogue/state/ban/noban. 


Tuesday, September 20, 2022

A STORY OF REDEMPTION

In these decades of minimum mandatory sentences when legislators tell judges they are not to be trusted in sentencing because people who commit crimes are not redeemable, comes this remarkable and feel-good story about one man - Angel Sanchez who in 1999 was sentenced to 30 years in prison. He did 12. If the prosecutors and sentencing judge had their way, he would still be in prison. 

Except Mr. Sanchez got out, went to college and then law school, got a law degree and was recently sworn into the DC Bar by Judge De La O along with Federal Judge Kathleen Williams who has been championing Mr. Sanchez. 

As Judge De La O said- it's a feel-good story in a courthouse full of tragedy. 

Mr. Sanchez clerked for Judge De La O when he was in law school. At times Sanchez was homeless and the judge offered him a room in his home. 

Because not everyone believes in the lock-em-up and throw away the key philosophy of criminal justice. 

Just most of the prosecutors and judges in our courthouse. And that's a damn shame. 

The story is here. 


Sunday, September 18, 2022

NFL WEEK 2 2022

 It was a rough week one for Survivor pools around the country and our own REGJB pool, as the upset wins by the New York Football Giants and Pittsburgh Steelers sent more than half the pool to looserville on week uno. But it is all about surviving and the survivors march on. 

Week 2 Picks: 

Maybe the Giants are a little better than we thought. Maybe the Panthers aren't that good. We are not sure of either, but we like the under 43. 

Seahawks QB Geno Smith said that "they wrote me off but I ain't write back" after his win last week against the Broncos and a certain former Seahawks QB returning to Seattle. This week Smith and the Hawks go to San Fran (whose QB was fostered on Rumpole by some stupid computer in the FF draft when we were not told the date of the draft). Seattle is getting an astonishing 10.5 points on the road and guess what? It's raining again in Trey Lance's second pro football start after it rained last week on him in Chicago. Geno the non-writer and Seattle over SF +10.5 in the rainy city by the bay.  In fact let's go further, Seattle and Geno +330!!! to win. (lay 100 on Seattle no points, and collect 330 when they win). 

Washington Commies go to the Motor City and the Lions are giving up a meager 1.5 points (home field always starts off -3). It's time for Detroit's tough talking coach to put up some wins and this is the place to start. We like Carson Wentz and DC, but something tells us the Lions win on a last second FG. Detroit -3 and over 49.5 

Are your Miami Dolphins for real? Not sure. Today is the day to find out. They took care of business at home last week against the Cheaters. But really, NE was worse than Miami was good if you were at the game.  Playoff teams win on the road against other playoff teams. Fins getting 3.5? Not really enough for us, although Miami had a stunning win last year against the Ravens. And we think Baltimore remembers who knocked them out last year. Ravens -3.5. 

Waiting on a few stragglers before we post the Survivor picks. 

Updated Survivor pool with corrected pick for Alan Kaiser who did pick the Broncos. It was our error to list him picking the Browns. The upset losses by the Ravens and Browns knocked a whole bunch more people out of the pool.


Book1 SURVIVOR Week Twoa by Anonymous PbHV4H on Scribd

Friday, September 16, 2022

THE DEFENSE NEVER RESTS

Some thoughts about the Cruz contretemps in Broweird and the outburst by the judge assigned to her first first degree murder case. 

Perhaps a more experienced judge should have been selected. 

The defense is under no obligation to call any witness and can rest whenever they wish. Whilst former State Attorney Michael Satz reportedly "threw up his hands" in mock disgust when asked if he was ready to proceed with rebuttal after the defense surprised everyone by resting, we have yet to have a trial judge require the prosecution in any case tell us who they are calling, who they are not calling, or even who their next witness is.  The prosecution doesn't want us to know who their next witness is, and the defense doesn't want to let anyone know when they are going to rest. 

It is called trial tactics and those of us who try cases deal with it, and those who sit on benches and haven't ever tried a big case cannot deal with it. 

For those of you who aren't Starbucks swilling 30 something judges, the title of this post is a reference to a magnificent book by one of America's greatest criminal trial lawyers- Lee Bailey. But since he's not on Tik Tok or IG, we don't expect you 30 and 40 somethings to know anything about him. 

Some trial tactic no-nos. These are inviolable rules. 

Never tell the jury in opening your client will testify. You might just as well say "Hey Ms. prosecutor, here's a legal pad and pen, please start preparing to cross my client." You gain nothing, and you box yourself in- what if the case goes so well you don't need to call your client? 

Never not object because you're worried the jury will be upset with you or you do not want to call attention to the evidence. Read some case law on preserving the record for the legal reasons why you have to object (unless you sit on a bench at work. Y'all do not need to read case law as we all know. You know it all.).  No jury during deliberates and says "she's not guilty but that attorney objected so much maybe we should find her guilty."

Try and avoid Friday verdicts. 

Rarely if ever postpone opening until the prosecution rests. It never works out as you think it will. 

Never plead your client into some of the minor crimes during trial while contesting the main charge. It does not buy you good will and it just makes the prosecution's job easier. If your client possessed an undersized Snook while being arrested for murder, the jury can figure it out for themselves. 

In state court, speak to every jury in the venire unless you have a tactical reason not to. Do not let the judge hurry you into finishing voir dire

Do not thank the jury. It's a waste of time. If you must thank them, squeeze it in during the middle of closing. Not when you first address them or last address them. That's for amateurs. 

Do not be overly polite or helpful. The best criminal defense attorney you never heard of once told us  "The only thing I waive in court is the American Flag." He did not stipulate to lab reports or business records. He worked out of a storefront in an industrial town in the northeast and went decades trying 6-8 cases a year and losing only one or two. RIP our friend Lenny F. 

Do not be overly polite to the judge. They work for the state. Being nice to them does not get you good rulings. Once, after a win in Broweird a judge told us after the verdict- "I like you. You didn't try and kiss my ass."  Keep your self respect.  If you do not believe us, someday we will post the transcript of our contempt hearing for refusing to stand when the judge entered the courtroom during the trial. The state and the judge were so consumed with our rudeness, the defense slipped right by them.  And we were acquitted on appeal. 

Don't do the appeal if you lost the case. You need a fresh set of eyes. 

Presumption of Innocence and Burden of Proof only work in the movies. Every juror presumes your client guilty and you need, repeat- you need to prove their innocence. Reasonable Doubt only sounds reasonable. The defense wins when they remove all doubt. This isn't the law- but it's life and it's true and if you're tired of losing, stop arguing reasonable doubt in closing. Jurors will always vote for the prosecution in close cases, despite the Florida jury instruction about a having a conviction of guilt that waivers and vacillates.  it sounds nice. But it doesn't work one damn bit. 

Trial tactics come in many forms and flavors. It can be a sharp elbow thrown in the heat of battle, or the unseen knife deftly slipped into the heart of the prosecution's case at an unexpected time through a seemingly unimportant witness. There are no small trials or witnesses. Only small lawyers.

Last rule: Don't get caught up in tactics. Big moments win cases. The witness not being sure of the identification. The inability to prove possession. Threading a needle is the type of thing you talk about late at night at a bar during a CLE conference in Vegas, trying to impress some hot lawyer. Winning lawyers don't thread needles. They bludgeon the other side into submission until there is no doubt left that you have won. 

"Combat Tactics Mr. Ryan."

This is such a great scene, especially when the torpedo is about to hit and Sean Connery asks Alex Baldwin/Ryan what books he wrote and Ryan mentions a book on Admiral Halsey and naval tactics (which obviously refers to the mistakes Halsey made at the Battle of Leyte Gulf - although it's not mentioned in the movie dialogue) : "Oh I know this book. Your conclusions were all wrong Ryan. Halsey acted stupidly."  Great stuff for a WWII history nerd. 


Thursday, September 15, 2022

NORTH OF THE BORDER - NIKOLAS CRUZ TRIAL .......

THE CAPTAIN REPORTS:

NORTH OF THE BORDER ... JUDGE ELIZABETH SCHERER LOSES IT, DRESSES DOWN DEFENSE COUNSEL .....

So, my fellow criminal defense lawyers. Have you ever been dressed down the way Judge Liz Scherer jumped down the throat of APD Melisa McNeill, lead counsel for Nikolas Cruz? The incident happened yesterday in a Broward courtroom when the defense surprised everyone by announcing that they were resting their case. Over the course of the past couple of weeks, the defense had called a total of 26 witnesses to the stand. But they had been telling the State, and Judge Scherer all along, that they expected to call upwards of 80 witnesses to testify.

On the link below, from NBC6 Miami, watch the blow by blow action. It includes what can only be described as a second grade cat-fight between the Judge and the defense attorney:

MM: "Judge, you're insulting me on the record in front of my client ..."

Judge Scherer: "You've been insulting me the entire trial ..."


Then share with us your best stories of when you were scolded by a judge the way Scherer scolded McNeill.  

Bonus: Name the Judge and the attorney (without using Google) that squared off in the courtroom during a sexual battery trial, when the defense attorney, cross-examining the victim said this:

The attorney slammed two quarters on the witness stand and said, “You’ll dance nude for 50 cents. What would you do for a dollar?”.


CAPTAIN OUT .......
Captain4Justice@gmail.com


Wednesday, September 14, 2022

THE UPS AND DOWNS OF LAWYERING

 DOM's blog is on fire. 🧯 He is covering opening statements in trials in the SDNY, the Trump - special master contretemps in West Palm ( we weren't asked, and we aren't available anyway), authoring articles about the blackness of certain robe wearer's hearts matching their in-court garb, and generally running the second-best legal blog around. 

Here's what is on our mind. 

Only Gerry Spence won all his cases. The rest of us mere mortals have to process disappointing results. Motions that are denied, verdicts that do not start off with the word "Not" and appeals that start with the word "affirmed". 

It is part of the job. The measure of a lawyer is not how many times she is knocked down, but how many times she gets back up. 

Tough times do not last; tough lawyers do. 

We could go on and on with well-meaning aphorisms. 

But what do you do when like Ali, you have to shake it off and get off the mat? 

Scroll ahead to about 12:40 in round 4. Ali/Cooper was a great one. 

(No, we haven't suffered any defeat. We just are searching for relevant topics to blog about. It cannot be all NGs and JOAs and large fees and reversed with instructions to discharge.). 


Monday, September 12, 2022

9/11

 Sunday was 9/11- more than 20 years have passed since that awful day in American life when people went to work and did not return home. 

Many of the NYFD firemen who ran into the second tower after seeing the first tower collapse, did so knowing that they were most likely going to die. 

But as it was pointed out on a very compelling 60 Minutes on Sunday night, they ran into the second tower knowing that they could not live with the knowledge that they let their brothers and sisters perish without trying to save them. 

That type of bravery is what American Exceptionalism is all about. 

That type of bravery should never be forgotten. 

It will not be forgotten on this blog as long as we have strength in our fingers to type and blog. 



Sunday, September 11, 2022

FOOTBALL WEEK ONE 2022

 Today is 9/1. Take a moment. You know what to do. 

This is the day we all wait for. Football. Food. Fun. Betting. Picks. Plays. Points. Totals. Teasers. Survivor Pool and Fantasy Football. Upsets. Overtimes. Pizza and beer and betting.  

This is shaping up to be a great year despite the fact that as defending champ in the REGJB Fantasy Football league the draft occurred without us. Our carefully laid plans of a breakout rookie running back that we have used to win our league multiple times (last year it was Najee Harris, a few years ago it was Saquon Barkley the same year a second year QB named Mahomes had his breakout year and we had him) were dashed. So was our sleeper defense pick- The Chargers. 

Speaking of which, Your 2023 Super Bowl will see your San Diego Chargers playing and beating the boys from Philly- Fly Eagles Fly. Want an underdog sleeper to ride to the playoffs? Try your Indianapolis Colts. Want a bust? Tampa looks in disarray and those cheaters from NE are due for their QB to have a second-year slump. Today's Cowboy-Bucs and Fins-Cheaters games will tell us a lot. We are also watching the Bengals to see how they re-bound, and the wheels are already off the bus on last year's Champs the Rams. 

Our Super Bowl pick, the Chargers have a rough opening two games- a resurgent Raiders offense will test their newly revamped defense and our belief they got it right, and then they head to KC which is always a tough game in the Mahomes era.  For SD to make good on our pick, they need to go 1-1 in the first two games. 

Are the Jags on the right track? 9-8 would be a great season for them. Ditto the J...E...T....S.  The NY Football Giants? They are on the clock for the number one pick in the 2023 NFL draft. Tough times are ahead for Big Blue. Same is true for the Seahawks, and count us out for a seat on the Broncos Bus. We don't see it.

The Cleveland Browns are going nowhere fast, while the Steelers still have offensive line problems from last year. A decent performance from QB Mitch Trubitsky could help Mike Tomlin avoid his first losing season, but their o-line will be the downfall from a team talented at just about every other position. 

And then there are your Miami Dolphins. It is Tua Time. Make or break time. If Tua steps up, your Miami Dolphins could be headed to the playoffs, but they cannot beat the Bills. Alas, we do not see it. While we think they might win today, the Cheaters are not the team to be measured by-witness their blow-out by the Bills last year. A 9-8 season means yet another cleaning of the roster in Miami Gardens. And we will not soon forgive them for firing perhaps the best young coach in the league- Brian Flores, who Mike Tomlin immediately snapped up as an assistant D coordinator. 

The NFL MVP? Chargers QB Justin Herbert with Bills QB right behind him, along with Bills Von Miller as the Defensive Player of the year. 

Breakout rookie? Steeler WR George Pickens looks hot, but he has a few top WRs above him to break through. Ditto Chargers WR Palmer. Jets Rookie RB Hall looks good as well. All of these would be good picks in a fantasy legacy league. 

Congrats to Robin Faber who was the only one to nail the Thursday night total of 41- he gets a second week pass in the Survivor Pool. No one hit the exact game score of Bills 31-10, so no one wins an extra life.  We will post the Survivor Pool later- and this year we have a record number of players seeking to knock off Feet of Clay Kaeiser- last year's champ. 

WEEK ONE PICKS

We are riding the Chargers to the SB, and that starts with -3 over the Raiders to start the season. We also like under 53. 

We are also riding the Eagles on the road at Detroit giving 3.5. Some lines are 4, but enough money went on Detroit that the line is moving down. If you can find 3.5 grab a Cheesesteak and bet Philly. LOSS

Niners at Da Bears. A couple of new starting QBs (Lance and Fields) and the rain in Chicago make under 41 our pick.  Last we checked it was POURING RAIN in Chicago. (hat tip- Overlay Ernie, the top Vegas totals guy for the last 20 years. The dude hasn't worked a day since we've known him, and all he does is point totals in NFL, NBA and MLB, and he lives in a mansion in the Vegas dessert and has a chalet in Staad, so he appears to know what he's doing. He's so good most books have banned him and he has to use runners). WIN

Browns at Panthers. Baker was traded from Cleveland to Carolina. Neither team inspires, but when in doubt bet against the Mistake On The Lake. Panthers at home -1.5.  FYI Browns are 0-16-1 in last 17 openers. Talk about your slow starters. 

Titans -5.5 at home over the Giants. Should be -7. The Giants are that bad. 

Teasers for week one. In a teaser bet you can move the line 6 points or 6.5 or 7 and the payout changes with the number you tease and the number of teams you pick.  Take a look.  

Teaser One 6 Points-2 teams: Titans at home -tease -5.5 to +.5 (6 point swing) AND Ravens tease  -7 over the Jets to Ravens -1. Bet a 110 to win 100 but both Titans and Ravens must win. 

Teaser Two-  7 Points-2 teams.  Bet 120 to win 100 and both teams must win. 49ers Bears tease the under from 41 to 48 AND Titans -5.5 to Titans +1.5 over Giants. 

Teaser Three 7 points and 3 teams Bet 100 to win 150. Note how in teaser 2 when you tease seven points with two games you have to lay 120 to win 100 but when you tease seven points in three games you lay 100 to win 150. It's that hard, even with an extra seven points per game, to win all three bets. This is a sucker bet, but it's fun to play with, however if you want to really do this every week, email us and we will book it for you. We want a new Tesla. 

Colts tease -8 over the Texans to -1; KC and Cardinals tease the over down from 54 to 47; and Panthers tease -1.5 to plus 5.5 over the Browns. Remember to win, we have to hit all three.  Do not do this for real with anything other than Starbucks money.  

Survivor Pool UPDATE TWO: 9 MORE PLAYERS WENT DOWN WHEN THE GIANTS UPSET THE TITANS- about half the survivor pool went down in week one. ce la vie. 

  UPDATE WE HAVE FOUR  PLAYERS OUT - TWO WITH THE BENGALS on a wild OT loss where arguably the best kicker in the league missed the extra point to give the Bengals the win as time expired in the 4th quarter and then a 29 FG for the win in OT. The Steeler kicker then boinked a 55 yarder in OT off the left upright before winning it with a 54 yarder as time ran out.  Two players also had the 49ers on week one. 


Book1 SURVIVOR Week One by Anonymous PbHV4H on Scribd

Saturday, September 10, 2022

QE II

London Bridge has fallen down.  

The Queen is dead. Long live the King. 

The greatest leader of a country in crisis was Lincoln. The two greatest leaders of the 20th century were British- Churchill and Queen Elizabeth II. Britan's two most influential Monarchs were Queen Victoria who ushered in and oversaw the last great expansion of the United Kingdom as it entered the industrial age, and Queen Elizabeth II, who guided England as it receded from dominating the world stage after World War II. 

Queen Elizabeth II is remarkable for her longevity and her gentle touch on the throttle. She kept her feelings to herself and inspired her subjects and the world without imposing her views. When needed, she was there,  as when she said "We will meet again" in her address to England at the start of Covid. She reassured the Commonwealth and neigh the world that this too shall pass. Keep Calm and Carry On. She oversaw England's unsteady emergence from World War II while preserving the British Commonwealth. Countries gained their independence from English imperialism, but many kept their ties to the Queen who at age 21 famously devoted and pledged her life to the Commonwealth (see below at 2:21 in the video).  England got its money's worth. 

She was gracious, wise, courageous, steady, inspiring and damn near everlasting. She gave the world more than she took and we are lost without her in this troubling times. 

God Save The Queen.  


 A few practical thoughts. Every coin in the UK has the Monarch on it. QEII faced right. King Charles will face left because the tradition is every new Monarch faces the opposite way of their predecessor except for the brief reign of Edward VIII who abdicated after a year and faced left although his father King George V faced left.  Edward's brother King George VI (Bertie and Elizabeth's father) renewed the tradition and faced left -under the assumption George V should have faced right.  Elizabeth faced right and King Charles III will face left. 

QC will become KC. Barristers who took silk and have for 70 years become Queen's Counsel will now become King's Counsel. Lots of sewing to be done to the robes to change QC to KC. 

The Ascension Counsel that formally proclaimed Charles a King was the first one ever to be televised.  

The Monarchy will be changed. Charles wants a streamlined royal family. His job, and not an easy one at that, is to preserve all the goodwill his mother created, and shepherd England and the Commonwealth from Elizabeth II to his son William- who bring the modern touch the Crown so needs. There is no guarantee King Charles III succeeds. 



Coming tomorrow- you've waited all year for this. ARE YOU READY FOR SOME FOOTBALL? Cheaters visit Miami. The Survivor Pool. Fantasy football. Teasers, Parlays, overs and unders. The only tout to post all his picks and never have a losing season. We have it all. Here. On the best damn blog around. 

Thursday, September 08, 2022

SURVIVOR POOL STARTS TONIGHT

HER MAJESTY QUEEN ELIZABETH II HAS DIED 

MORE ON THIS LATER. 


The Queen is dead. Long live the King. 


 Here it is. The award winning, earth shaking, JOA making, NG getting, No discovery needed, viagra taking, world famous REGJB BLOG SURVIVOR POOL

It's amazing how the most brilliant legal minds cannot follow simple instructions. (People who wear all black to work every day and sit above the world are obviously excluded from that last statement). 

1) send all selections to FBpool12@gmail.com. Use our other email and you lose. 

2) Make a REGULAR pick for this week. Name your team. Saints, Cowboys, Jets, Giants, Dolphins, Bucs, Vikes, you decide. That's your regular pick. 

3) Want a bonus week off? (Everyone gets one). Pick the total in the Rams-Bills opening game set for Thursday night. Any number works. 2 (just one safety), 3 (just one field goal) 10-7 (a td and two fgs) etc. 30, 44, 56, 67, whatever you want. CLOSEST TO THE TOTAL GETS A SECOND WEEK PASS

4) Want a SECOND LIFE? Pick the EXACT SCORE: Bills 11-Rams 9; Rams 67-Bills 65; Rams 21- Bills 17. Whatever you want, To win a second life you have to hit this EXACTLY. 

Which means- your total pick- 11, 19, 67,33, 44 DOES NOT HAVE TO BE THE SUM OF YOUR EXACT SCORE PICK. You can go out on a flyer and say Bills 9-Rams 6 to try and win a second life AND ALSO PICK A DIFFERENT TOTAL- like 44. The choice is yours. 

This is NOT BRAIN SURGERY OR THE FEDERAL RULES OF CIVIL PROCEDURE You passed the bar, you should understand this. 

IF YOU ARE NOT ON THE CHART BELOW YOU ARE NOT SIGNED UP- SEND AN EMAIL TO FBPOOL12@GMAIL.COM and make your picks.  If you don't want to play for the bonuses on the Thursday night game, just make a regular one team pick by Sunday kickoff. 

TIES- STAY ALIVE. That's the rule. Live it, learn it, love it. Jets 33- Ravens 33, and you picked the Ravens, you continue on. 



Book1 Survivor by Anonymous PbHV4H on Scribd

Tuesday, September 06, 2022

MILLER MUDDLED BY PREGNANCY

Update: Tune in tomorrow for important Survivor Pool updates. The NFL season begins tomorrow night, and 85% of our survivor players are totally confused. 

Some Judges like 


And some Judges like 



and this is a story about a judge who chose the golf cart over the child and threw the baby out with the bath water until world took notice.  

When you see what judges do when the harsh light of the media is shinned upon them, you can only wonder at the tyranny of their actions when no one is watching. 

Which brings us to Circuit Judge David Miller, and his initial denial of a continuance of a civil trial involving a cop, a kart, and a person at a Dolphin game that was up for the first time. The defense attorney and his wife had tried for several years to conceive via IVF, and having done so, the attorney moved for a continuance for a trial set for the first time so he could be present with his newborn baby 

DENIED wrote the judge, and then threatened sanctions if the lawyer sought additional relief. 

GRANTED wrote the judge after intrepid Herald Ace David Ovalle, a new father he BTW, swung into action and wrote of the infamy and tyranny of a judge who decided the birth of a lawyer's child was not as important as a trial over a cart and a person attempting to violate the laws of physics in the Dolphin Stadium parking lot by both of them occupying the same space at the same time. You cannot do that. Newton proved it. 

You also cannot deny a continuance when a lawyer or their spouse is giving birth.  The Florida Supreme Court said so. 

“As adopted, subdivision (a) of new rule 2.570 requires that absent a finding of one or more of the reasons listed in the rule, a court must grant a timely motion for continuance based on the parental leave of the movant’s lead attorney, due to the birth or adoption of a child, if the motion is made within a reasonable time after the later of the movant’s lead attorney learning of the basis of the continuance, or the setting of the proceeding(s) or the scheduling of the matter(s) for which a continuance is sought,” 

From El Herald: 

The reason: A Miami-Dade judge had refused to allow the postponement of a civil trial, even though all of the attorneys involved are OK with Fumagali taking parental leave. The decision by Miami-Dade Circuit Judge David Miller appeared to go against a recently enacted Florida Supreme Court rule that requires judges to grant postponements of cases for lead attorneys for the birth of a child.

But on Tuesday afternoon — hours after the Miami Herald published this story online — the judge backtracked, granting the continuance because of the lawyer’s “need for parental leave,” according to an order.

Read more at: https://www.miamiherald.com/article265348906.html#storylink=cpy

David Ovalle
GOOD NEWS! Hours after we published a story on Judge David Miller refusing to grant attorney Alex Fumagali a trial continuance for the birth of his baby, the judge changed course.


Monday's child is fair of face, Tuesday's child is full of grace, Wednesday's child is full of woe, Thursday's child has far to go, Friday's child is loving and giving, Saturday's child works hard for a living.

And the child that is born on the trial day, will miss his Father if Judge Miller has his way. 

Monday, September 05, 2022

WE HAVE A NEW PM AND HANZMAN AND COLBY MAKE THE NY TIMES

 The world's oldest democracy, and perhaps its best, has a new Prime Minister- Liz Truss- England's third female leader.  Truss will pick up Tuesday where PM Boris Johnson leaves off. A dedicated Brexiter and Conservative, she will travel to Scotland to meet the Queen, who will formally ask her to form a government. The Queen has met every PM since Churchill, but this will be the first time the Queen has met a Minister of Parliament outside of London and asked them to form a government.  The Queen is in Scotland for the summer and the 96-year-old monarch has some mobility issues, as the Palace discretely refers to her age-related challenges.

Truss has had a long and winding road to becoming PM. She was the foreign secretary before winning election, so she is well known to world leaders. But as a young woman she was a Liberal Democrat. Even after joining the Conservative party, she was staunchly an anti-Brexit European Union supporter ...until she wasn't. Which brings to mind a few Churchillian bon mots of wisdom: "Those that don't change their minds never change anything", and "A person who isn't a liberal in their youth has no heart. A person who isn't a conservative in their middle age has no brain.

We supported former Chancellor of the Exchequer Rishi Sunak, but alas neither he nor we prevailed. 

THE HANZMAN METHOD

Closer to home, the praise for the handling of the Surfside Building collapse continues to generate praise. The NY Times weighed in with a very flattering profiled of Judge Michael Hanzman, which included the quote from Judge Jon Colby that the survivors received "personalized justice."

Miami has a lot to be proud of in the way this case was handled and settled. It was done quickly; hard work uncovered several hundred million dollars of coverage that was not readily apparent at the outset of the case; and law firms were cajoled into relinquishing their normal 33-44% fee structure for recovery. It may be a road map for how the legal system handles future mass-tort disasters. Kudos to the Judges and the law firms who handled the case. It was very much a collaborative effort. First among the groundbreaking way this case was handled, was the speed in which it was resolved. 

 Ask just about any litigant in a case what the most frustrating part of the legal system is for them, and they will respond that it takes too long. There is no closure. Some of the problem lies with the new economics of the law. More lawyers means more competition which means lower fees which means lawyers take more cases to generate the fees needed to run a law firm which means cases move slower. 

Couple that with the overbooked dockets and inability to get a hearing within six months of filing a motion in civil court, and you have a court system not responsive to the needs of the public it serves. 

But maybe there is a flip side to that never ending downward spiral of the length of cases. And that is the quicker the case moves, the less time it takes, the less hours lawyers have to put in, and thus the lower the fees.  Call it the ....Hanzman Method???

Has a nice ring to it. 

One thing is for sure, Judge Hanzman can expect to be consulted by Judges across the country the next time one of these unfortunate tragedies hits the legal system. 

Summer is officially over- now comes the sprint of trials and hearings until Thanksgiving. Slow and steady wins the race. Well, maybe with the Hanzman Method, quick and steady will be the new normal. 

Friday, September 02, 2022

CONSTITUTIONAL CALENDAR PATRIOT EDITION

 What does patriotism and loyalty mean? Your Constitutional Calendar jurist - Judge Hirsch- has the very topical answer:

    The “Cold War” was already under way when, in the September, 1947, issue of Harper’s Magazine, preeminent American historian Henry Steele Commager published an essay entitled, “Who is Loyal to America?”.  That essay – which resulted in Commager being vilipended as a “commie” in hate mail and even in some newspapers –  included this memorable passage:

        "It is easier to say what loyalty is not than what it is.  It is not conformity.  It is not passive acquiescence to the status quo.  It is not preference for everything American over everything foreign.  It is not an ostrich-like ignorance of the other countries and other institutions.  It is not the indulgence in ceremony – a flag salute, an oath of allegiance, a fervid verbal declaration.  It is not a particular creed, a particular vision of history, a particular body of economic practices, a particular philosophy.

        "It is a tradition, an ideal, and a principle.  It is a willingness to subordinate every private advantage for the larger good.  It is an appreciation of the rich and diverse contributions that can come from the most varied sources.  It is allegiance to the traditions that have guided our greatest statesmen and inspired our most eloquent poets – the traditions of freedom, equality, democracy, tolerance, and the tradition of Higher Law, of experimentation, cooperation, and pluralism.  It is the realization that America was born of revolt, flourished on dissent, became great through experimentation."

Under information and belief, the Republican party has already denounced the Haper magazine's piece, Henry Steele Commager, and this blog as dangerous and radical and wrong.  MAGA loyalty is all about indulgence of ceremony and sum over substance, saying the pledge of allegiance, and the preference of everything American over everything else. In summary, Judge Hirsch has uncovered a missive 69 years from the past, to our current troubles. 

And who else but he could do so?

Wednesday, August 31, 2022

HANZMAN AWARDS 65 MILLION IN FEES ON TOWER COLLAPSE CASE

 In a remarkable order, full of a long recounting of the remarkable results in the Surfside Tower collapse case in which at the outset Judge Hanzman noted that the building was insured for 48 million and the property was worth about 100 million - and the total recovery ended up being 1.2 billion- and it was obtained  within 18 months- Judge Hanzman REJECTED a fee request of 100 million comprising something called Lodestar that we are entirely unfamiliar with, but did approve legal fees of 65 million dollars. 

The order starts out with voluminous praise for the attorneys who took on the case being warned by the tough-talking judge that it was NOT going to be "business as usual" and they had better "BUCKLE UP" for the hard ride ahead. In Rumpole's world, effusive praise in an order almost always precedes the inevitable "but for the reasons stated herein the motion is denied." 

And that is what occurred. Sort off. The attorneys got more than they agreed to when they "buckled up", but less than what they asked for- even with the support of some expert who opined "show them the money!" Or something like that. 

It's a good order. A well-reasoned order. The fees represent 6.5% of the money recovered. More than a billion dollars went to the victims and their survivors. 

Well Done Judge Hanzman. Well Done indeed. 

Champlain Towers South - Order on Class Counsel's Motion for Attorney's Fees by Anonymous PbHV4H on Scribd

Tuesday, August 30, 2022

MORE PDFS? TRY LESS PDFS

 KINDLY ACT ACCORDINGLY 


This notice was in our crowded email in box: 

ATTENTION EVERYONE

Effective October 29, 2022, you will no longer receive a PDF document(s) attached to the E-service Notification of Electronic Filing (NEF). You will receive a link in the NEF to the document(s) submitted. That link will be available for two days (excluding weekends) after the filing is accepted by the Clerk.


FYI unlike the rest of the civilized world and Iran and North Korea, the Dade County Clerk's docket in criminal cases has NO REPEAT NO PDFS attached. 

No soup for you. No documents for you. 

However should you be charged in North Korea with defaming the Dear Leader, the charging documents are available in PDF format on their docket www.moreadvancedcourtsystemthanmiami.com 

Monday, August 29, 2022

TO THE MOON ALICE

 Churchill has been nipped!

 As a well-known anglophile, we are interested in all things WSC. Perhaps the most iconic image of the great man was taken by acclaimed portrait photographer Yousuf Karash, whose show of portraits of acclaimed figures was recently at UM and you could have caught Rumpole there if you were sharp. 

On December 30, 1941, as the war was going badly and Britan was barely hanging on, WSC visited Canada and addressed the Canadian Parliament. He was not prepared for the portrait and when told he had to sit for it, he glowered and told the young artist he had time for one shot. Karash, a young portrait photographer, was brash enough to tell the leader of the free world fighting fascism that he could not hold his beloved cigar. Churchill told him  to bugger off in so many words. Karash snatched the stogie and ran back to his camera and snaped the picture of Churchill glowering at him and the rest is history.   

The signed original hung in the landmark Fairmont hotel in Ottawa until recently, when it was discovered the portrait hanging was the not the original. It turns out from examining selfies on social media that the theft occurred around the end of 2021. 


TO THE MOON ALICE 

We are going back to the Moon. In 2025 we are going to land three astronauts on the moon. One will be a woman. One will be a person of color. The third will not be Rumpole. Not only are we going back to the Moon, but we are also going to land at the south pole, where ice and other valuable minerals are believed to exist. The poles of the Moon exits in perpetual darkness which makes landing and staying there much more difficult. But the existence of ice means water and hydrogen, which means fuel for a trip to Mars. The poles are the valuable parts of the Moon, which means China wants to establish a presence there as much as the US. Putin has threatened to invade once he's done with Ukraine. The poles of the Moon are the Big Kahuna in NASA speak. 

And today- Monday- the SLS rocket that will soon take humans to the Moon is being launched and tested in the Artemis 1 mission. The rocket will be launched and then within a day NASA will say something that it has not said for 50 years "GO FOR TLI" which all NASA nerds means "go for trans-lunar insertion" and Artemis will leave earth orbit for the Moon where it will spend six weeks in orbit. 

The most important test will be the heat shields on the Orion capsule, made of new material never tested in an actual re-entry, will be tested as the capsule comes into the atmosphere at 32 Mach and reaches temperatures of 5000 degrees Fahrenheit, or close to the temperature in Las Vegas around noon when we were there the other day. The re-entry with humans aboard in the future will not be as fast and as hot- but NASA is pushing the edge of the envelope to make sure the rocket and capsule are safe. 

Upon a safe launch and return, NASA in 2024 will send a crew to orbit the Moon, much like the famed Apollo 8 mission that saved 1968. We have written before about Apollo 8, and our view of the historic nature of the mission. It was the very first time humans had left earth orbit for inter-space travel- the future of our race. And it was the very first time humans orbited another celestial body. And it generated the most iconic picture of the Apollo era- Earth Rising. 

Things in space are about to get exciting again. It's about time. We are really excited about this. 

Now what about that "Alice" quote? A bunch of 30 something judges are sitting around their chambers wondering about that. That's because they led deprived childhoods. They were never exposed to the Great One- Jackie Gleeson. Here's a clip.  Of course, today it would never be allowed on television. It is not politically correct.