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.

Monday, October 02, 2023

FIRST MONDAY IN OCTOBER

 For Supreme Court nerds, including those who work above garages across from the courthouse, there is no greater day in the year than the FIRST MONDAY IN OCTOBER. 

The Supreme Court begins its new term.

Justice Thomas flew in from the Maldives Islands on a Gulfstream VI just to make it on time (paid for by the Sultan of some middle eastern country via some right wing political organization that would be shocked to learn people would think such a benefit would influence the Judge's independence). 

Ahh the new term of the Supreme Court. Holmes. Douglas. Brandeis. Scalia. All pondering the great legal issues of the day. And Kavanaugh scouring the COSTCO circular looking for cases of Bud Light on sale.


 Thomas looking at flyers of resorts in the Philippines and AirBNBs on the Champs D' Elysee; and Coney making revisions on her speech to the Federalist Society- "The End Of The Exclusionary Rule In Our Time", while Roberts studies You Tube Videos of Baseball Umpire Doug Harvey. 

The First Monday of October. 

Sunday, October 01, 2023

NFL WEEK FOUR 2023 GSTK LONDON EDITION

 Good morning and welcome to week four for the 2023 NFL season. As we write this, we are watching the national anthems of England and the USA being sung as the Falcons play the Jags in our London.  We like GSTK over the SSB by a solid four points. Shorter and gets right to the point.  Brillant. 


Not a great play, but if you must, we kinda like the Jags to get things back on track. The Jags have been disappointing but it is time for them to return to the mean and win some games. JAX -3.5. 

We start this Sunday talking of course of the surprising Miami team who is on a playoff run. The team everyone in Miami is talking about. Your MIAMI MARLINS ARE IN THE PLAYOFFS! ๐ŸŸ

Miamians everywhere are saying "Wait! We still have a baseball team?"  

Yes we do, and this being Miami we recognize it is waayyyyy too early for Miami fans to jump on the bandwagon and actually go to a game because, after all, it's not the world series and it's not game 7 of the world series so there's plenty of time to start pretending that you love the Marlins with all your heart and soul and go to every game. But for the five thousand or so real Marlins fans in Miami, the Marlins are in the playoffs (with a win last night over the hapless Pittsburgh Pirates whose fans actually do fill the stadium every game) and Rumpole will be attending playoff baseball in Miami in October (if we decide to leave our New England abode where it has been raining a whole lot these last few days). 

There are two great NFL games today and we will get right to them. 

Two years ago we rode the futility of the Miami Dolphins to a substantial downpayment on yet another summer abroad. And we even managed to pick the game the Fins won breaking their losing streak. The heart has no place in placing bets. 

We are now riding the winning streak of your Miami Dolphins who are our favourite to represent the AFC in Las Vegas in 2024.  Miami is in Buffalo and if you can believe it, the team which hung a 70 on Denver last week is GETTING 2.5 points in Buffalo today. Now that is a half a point less than the standard home team advantage of three points, but we are eschewing the points because Miami is the better team. Take the money line +120 (bet a hundred and win 120). Your Miami Dolphins over the Buffalo Bills. Last week we told you to mortgage the house and put it all on Miami. This week, we are telling you to take 25% of that windfall and stick in on the Fins-  +120 no points ,  a bet on arguably the best team in the NFL after the first month of the season. 

The other great game is The Denver Broncos at the Chicago Bears. A powerhouse matchup for the ages. And we say that with the same straight face we tell every Federalist Drone Judge that we are confident we will get a fair hearing on our motion to suppress. 

Da Bears are getting 3.5 at home. The Bears are a mess. The Broncos have the better QB- Russell Wilson. Hold your nose and lay the 3.5 for Denver to bounce back. 

There are not a lot of other games we like this week. Last week we told you the smart Vegas professional money was flooding ala NYC rains on the Cardinals over the Cowpokes and of course we were correct. 

Today, just for fun take a flyer on the Panthers- the Cats ๐Ÿ˜ผbeing a home Dog ๐Ÿถ +4.5 over the struggling Vikes.  

Mostly we are advising you to take all that Fins money from last week and buy Money Market funds paying 5.5% and let it sit for a week or so or buy some Apple ๐ŸŽ at 170- you won't go wrong there. There will be another mismatch to pounce on- just not this week. 

Survivor coming soon and the play today is the safe Bye.  If anyone has Dan Tibbett's cell phone, text him to make a pick.

Aaa2023 Regjb Survivor Pool Week Four by Anonymous PbHV4H on Scribd

Thursday, September 28, 2023

RETIRED JUDGE RON FRIEDMAN HAS PASSED AWAY

 


Retired Judge Ronald Friedman, passed away on Tuesday, September 26, 2023. Judge Friedman served as Miami-Dade Circuit Judge for 26 years and 2 years as an Administrative Judge of the Appellate Division.

No matter how many cases a lawyer handles, it just seems that you end up appearing before some judges more than others. Such was the case for us with Judge Ron Friedman- we just did not appear before him frequently- probably because he was a civil law maven and spent much of his judicial career down at 73 West Flager. However, we know from speaking with others that he was well liked among both his colleagues and the lawyers who practiced before him. And he dedicated a large part of his career to public service, We invite comments about his life. 

We know that Judge Friedman had a masters in Tax Law and practiced for many years in Beverly Hills, California, before returning to Miami where he followed his father- Judge Milton Friedman (who served on the bench for 30 years). 

 The funeral service will be held on Friday, September 29, 2023, at Riverside Gordon Memorial Chapel at Mt. Nebo at 12:00pm. The address is 5900 SW 77th Ave, Miami, FL 33143

The online obituary is here, 

Monday, September 25, 2023

FROM DEATH ROW TO FREEDOM

 

There was a time in the not too distant past when wrongs were righted by lawyers who cared and Judges who were not autonomous drones of the Federalist Society and Governor BS DS. 

Sadly, those days are gone. But if you want to learn about heroic lawyers like Roy Black, H.T, Smith and the incomparable former Public Defender and Judge Phil Hubbart then GO TO BOOKS AND BOOKS ON THIRSDAY SEPTEMBER 28 AT 730 PM and see and hear what real lawyers can do when Judges aren't afraid of MAGA and their own shadows and have some courage.  

Surprisingly, the law is MORE than just calling balls and strikes. Sometimes it is  about doing right and correcting a wrong (but don't tell our Florida and Federal Supreme Court that- they will bounce your ass right out of court). 




Date and time

Starts on Thursday, September 28 · 7:30pm EDT

Location

Books & Books, 265 Aragon Avenue #5008 Coral Gables, FL 33134

About this event

  • 1 hour 30 minutes
  • Mobile eTicket

Books & Books is thrilled to present an evening with Phillip A. Hubbart discussing his book: From Death Row to Freedom: The Struggle for Racial Justice in the Pitts-Lee Case (University Press of Florida, $35.00). An insider's account of a wrongful conviction and the fight to overturn it during the civil rights era.

 

Featuring Roy Black and H.T. Smith.


Please note: This event will take place at the Books & Books in Coral Gables at 265 Aragon Ave. Tickets are FREE and books will be available for purchase at the event. Want your copy early or can't make it in-person? Order your copy online here.

 

About the Book:

An insider's account of a wrongful conviction and the fight to overturn it during the civil rights era.

 

This book is an insider's account of the case of Freddie Pitts and Wilbert Lee, two Black men who were wrongfully charged and convicted of the murder of two white gas station attendants in Port St. Joe, Florida, in 1963, and sentenced to death. Phillip Hubbart, a defense lawyer for Pitts and Lee for more than 10 years, examines the crime, the trial, and the appeals with both a keen legal perspective and an awareness of the endemic racism that pervaded the case and obstructed justice. Hubbart discusses how the case against Pitts and Lee was based entirely on confessions obtained from the defendants and an alleged "eyewitness" through prolonged, violent interrogations and how local authorities repeatedly rejected later evidence pointing to the real killer, a white man well known to the Port St. Joe police.

 

The book follows the case's tortuous route through the Florida courts to the defendants' eventual exoneration in 1975 by the Florida governor and cabinet. From Death Row to Freedom is a thorough chronicle of deep prejudice in the courts and brutality at the hands of police during the civil rights era of the 1960s. Hubbart argues that the Pitts-Lee case is a piece of American history that must be remembered, along with other similar incidents, in order for the country to make any progress toward racial reconciliation today. Publication of this work made possible by a Sustaining the Humanities through the American Rescue Plan grant from the National Endowment for the Humanities.

 

Sunday, September 24, 2023

NFL WEEK THREE 2023

UPDATE- Thoughts on Sunday. 1) Your Miami Dolphins are for real. They hung 70 on an NFL team. Tua is amazing and it shows you what good coaching can do for a struggling QB and team. 2) We told you that the Vegas insiders were jumping all over the Cardinals +12 over the Cowpokes. We know one guy who put a cool 250 on the Cardinals money line (no points) to win outright. The odds were astronomical.  That's 250 with the three zeros following. Youza.  3- The Survivor Pool took a hit with the Ravens and Pokes going down. 

Updated Rumpole Power Rankings (c) JBB 2023. 

1) 49ers; 2) Dolphins; 3) Eagles; 4) Bills; 5) Cowboys; 6) Chiefs; 7) Lions; 8) Seahawks;    9) Browns;  10) Buccaneers; 

On the Move Up ๐Ÿ : Saints (but the injury to their QB hurts); Chargers; Steelers; Texans; 

On the way  ๐Ÿ Ÿ Raiders; Bengals; Jets; Vikings; In the Cellar: Bears; Broncos; 


 "They take the ball from goal to goal- they're always in control...

Cause when you're talking Miami, you're talking Super Bowl."

As week three beings in earnest, the Fins have their home opener, and we are Talkin Super Bowl! Your Miami Dolphins are THE BEST team in the AFC and on any given day they could beat the Cowboys and 49ers. It is NOT too early to make your reservations for Las Vegas (we stay at the Wynn in a suite, ask for Guillermo at check in; drop our name and slip him a 50 and watch great things happen.)

Your Dolphins are playing the Broncos. It will NOT be close. Miami is -6. Bet the mortgage and next week's groceries on your Miami Dolphins, at home to roll. This is also our best pick for survivor this week. 

UPDATE: AHEM....READ ABOVE- "IT WILL NOT BE CLOSE" which was true unless you had the Dolphins -45 points.  The Fins scored a franchise record SEVENTY POINTS today and the crowd was rocking at the stadium.  

We repeat- Miami is the BEST team in the AFC and one of the three best teams in the NFL. Today;s win was, to quote POTUS 43 G W Bush "A Thumpin". 

In OHO the Fins game is the only game you should risk your hard-earned money on today. But moving forward, just for fun: 

The last time the NY Jets beat the Boston Cheaters was....steady now...2015. Obama was president. Both Mannings were starting QBs, Hamilton was gearing up on Broadway and 19 was not indelibly attached to Covid. Tough game to pick. Currently the O/U is 35 and if you must, based on the weather and the Jets D, take the under.  UNDER WIN 

Colts at Ravens. Sort of a blah game. We have the Ravens in several parlays that we linked with FSU, Oregon (the under 70 against Colorado), and Bama yesterday. So lay the 7.5 because the Colts just aren't doing a whole lot.  This is also a good survivor pick. LOSS- AND THREE SURVIVORS WENT DOWN WITH THE BIRDS INCLUDING EVERYONE'S FAVOURITE FAKE ALEX MICHAELS 

The Arizona Cardinals, the new America's Team, are 2-0 against the spread. Can you say "trap game" for the Cowpokes? Take the 12.5 like the Vegas sharpies are doing today.  WIN- WE TOLD YOU THE VEGAS INSIDERS WERE FLOCKING TO THE CARDINALS

Bills at DC against the 2-0 Commies is an intriguing game.  If you're off the Bills bandwagon then you're on DC's. And versa- vicea. We kinda are still on the Bills being the second-best team in the AFC  (we WILL be at a suite at Joe Robbie/Hard Rock Stadium/Wayne Hyzinga Stadium when the Bills  come to town).   But DC is a home dog and those dogs have not yet started barking this season. Maybe it's time, especially with DC's very good front four putting pressure on our FF QB Josh Allen. So our thought is if you like Buffalo, take the money line and lay 245 to win 100 -no points; otherwise take DC +5.5 as a home dog. Their QB ain't bad and neither is their D.  

WIN IF YOU PICKED THE BILLS 

SURVIVOR

Survivor pool to come. We are resting easy as we posted our pick earlier in the week with San Fran over the hapless Giants. If we were thinking cleared, instead of prepping for a motion to suppress in Federal Court in Chicago, we would have picked the Fins for survivor. 



Aaa2023 Regjb Survivor Pool Week Three by Anonymous PbHV4H on Scribd

Thursday, September 21, 2023

SWEET HOME ALABAMA

Before we begin: The hapless Giants play the powerful 49ers. Our Survivor pool selection this week is the 49ers. 

Sweet Home Alabama

 Last November Alabama tried to legally murder Kenneth Eugene Smith by strapping him to a gurney and keeping him there for hours as the execution team needled around in several locations to insert two intravenous lines without success, before calling off the execution. It is hard to imagine a more ghastly ordeal than being marched back a second time to face the executioner and a new method of execution that has the possibility of unknown agony after decades in prison awaiting death.

And that is just what Alabama is going to do. They brought together the best legal and medical minds, and a few good-ol-boys from the Piggly Wiggly and decided that in the United States of America- of which Jim Bob would proudly tell you "has the best dag-gum legal system in the world" - the enlightened thing to do is restrap ol Kenny Smith to a gurney and suffocate his ass by putting a mask on him and making him breathe nitrogen until he suffocates. 

Yee Haw don't that sound like fun?! 

Here's the NY Times Op Ed from Mr. Smith's lawyer.  Not that it matters much as in Alabama they don't read no commie-pinko-Hillary Clinton lovin, Hunter Biden helpin  NY Times when there's Newsmax and Fox News. 

And as we all know, Alabama as a sophisticated a system of justice as the rest of the country- especially Beechum County. 

Monday, September 18, 2023

CIVIL PLEADING WE LOVE

 




We might have been too harsh in our prior comments to Judge Watson about civil. There are definitely parts of civil law that seem right up our alley and we could get used to.  No split infinitives in this pleading. 

H/T an alert reader who sent us to Above the Law






Sunday, September 17, 2023

NFL WEEK TWO 2023

 Week Two - Here we go!

We are ALL IN on your Miami Dolphins. They are playing tonight against the Cheaters in Boston.  The Dolphins are 2 1/2 favorites on the road, which means the Cheaters are home dogs and we've talked before about paying for summer vacations by betting on home dogs. But the Fins went on the road last week and won a hard fought game against the LA Chargers in which there were several lead changes. Miami never gave up and Tua was truly the BEST qb of the week. So, understanding we are betting with our heart and not our head, take Miami in Boston -2 1/2. Miami has a chance for an early season lock on a division that once looked to be hard fought. The J...E...T.,,S are no longer a threat without Aaron Superstar Rodgers- they will be lucky to go 8-8 with a bad QB, an awful offensive line that cannot pass protect (Rodgers dropped back to pass four times and was running for his life each time) and a really good defense. 

All odds are from our DraftKings sports book app which we can use here in the Northeast and you fools sweating it out in Miami cannot. 

The game of the week is the Colts vs the Texans. Two round 1 rookie QBs slinging it out. Houston is a home dog getting 1 and we like CJ Stroud who played very well last week. So did rookie QB Richardson for the Colts, but the Colts are a mess internally and Houston is not. Take the Texans at home and watch the game with some good BBQ Brisket. 

The KC Chiefs are in Jacksonville and normally we would say take the points and the Jags. But KC- coming off a loss ten days ago and with ten days to prepare we think Patty Maholmes will come out firing bullets. 

We also like the Bills at home - 7. 5 over the Vegas Raiders  to recover from their MNF loss against the J...E....T...S (Rumpole had the Jets on the money line 500 to win 1250 no points- so the thrilling OT was a nice way for us to start the season).

Which brings us to the Jets against the Cowboys in Dallas. NY along with Buffalo has to be the top picks in the Survivor Pool. The 8.5 line is too much for us to pick the Cowpokes because we think their offense stinks. But with two top defenses, we line the under 38.5 and if you want to have fun let's tease the under up to 44.5 and the Jets getting 13.5 points (a two play teaser allows you to move the line six points on both plays). 

Coming in a few minutes the Survivor Pool and our power rankings for week two. Cannot wait for the Sunday night game. let's go FINS!   

WEEK TWO POWER RANKINGS 

1) 49'ERS - Looked totally dominant in both sides of the ball. We believe in Purdy. 

2) Cowboys- great D- not convinced about the other D- Dak-  and the offense. 

3) Dolphins- looked amazing in week one. If Tua stays healthy, it's time to starting thinking of Vegas in January. 

4) Lions- winning moves them up a spot. 

5) Eagles- 2& 0 is 2 & 0. 

6-8) Bills-Chiefs-Bengals- all aren't as bad as their week one loss. 

9) Jags. 

10) Ravens. 

Keep your eye on- The Packers; Rams; Jets; Commanders. Falling fast- Giants , Steelers, Seahawks- none were as good as we thought. 


Aaa2023 Regjb Survivor Pool Week Two by Anonymous PbHV4H on Scribd

Saturday, September 16, 2023

TO SPLIT OR NOT TO SPLIT

 No this is not a post about divorce. 

It is about a more serious subject: split infinitives. 

In a pleading we wrote that a client had " to also face the application of..."

Our AI editor highlighted the infinitive  "to face" and frowned upon splitting it, and suggested we write " also to face the application of ..." . Personally, whenever we get an AI Bot to frown, much like when we get a judge to frown, we think we are on the right path. 

We recognize that split infinitives should be avoided like swinging at an 0-3 fastball while down by a run or telling a jury that your client did some of the things charged in the indictment, 

But we think "to also face the application of" just sounds better. 

As Judge Moreno likes to say- "what say you?" 


Thursday, September 14, 2023

JUDICIAL ROUNDUP FALL 2023 Ed.

 Can't tell the players without a program... can't tell where your favourite judge is without The Blog. 

Who's zooming whom? 

We know.....


Judge Watson from REGJB to Civil (yuck) starting 9/18. See ya- wouldn't want to be ya. Summary judgements and all that. Ewwww. 

MAYBE Judge Laura Gonalez (just bumped to Circuit by Gov BS DS) to the REGJB to replace Judge W,  but maybe not... Judge Wolfson will help out until then. 

Judge Javier Enriquez to Circuit DV (Double Yuck) 

Judge Christine Bandin (also bumped to Circuit by Gov 
BS DS) coming to the REGJB because she heard we have good Cuban coffee. And she's right. 



County Judge Alicia Garcia Priovolos leaving the REGJB to County DV (why would anyone willingly go without kicking and screaming?) 

And let's give a warm REGJB welcome to NEW judge Rita Cuervo who will replace    Judge AGP (kinda good nickname doncha agree?) 



Monday, September 11, 2023

LUIS PINO HAS PASSED AWAY

 Luis Pino, a well-loved former prosecutor in the Dade SAO suddenly passed away recently. 

We did not know Mr. Pino personally, but we are aware of how his loss has affected those who knew him and how well beloved and respected he was by all who did know him. 

Luis had a young family and a Go Fund me was set up for them- click here




Sunday, September 10, 2023

NFL 2023 WEEK ONE

 Since the confetti๐ŸŽŠ fell on the Kansas City Chiefs at the end of the Super Bowl, we have had  September 10 circled on our calendar. 

Football is back baby, and we have everything you need to enjoy the NFL. Let's get right to it. 

Rumpole's Power Rankings. We debut a new feature:  REGJB Power Rankings (c) REGJBMedia 2023; all rights reserved. 

1) Eagles; 2) Bengals; 3) Chiefs; 4) Bills; 4) 49ers;  5) Lions; 6) Dolphins; 7) Cowboys; 8) Bears; 9) Jaguars; 10) Jets.  And keep your eyes on.... Steelers; Ravens; Vikings; Commanders. 

When the confetti ๐ŸŽŠfalls in January in Las Vegas, your Cincinatti Bengals will be holding a Lombardi trophy while the Philadelphia Eagles watch for the second year in a row from second place. 

YOUR Miami Dolphins are in a very tough division. Both the Jets and Bills will win ten games. But while we are on the subject, Rumpole is NOT on the Jets bandwagon. Too much hype and bluster from a team that has done nothing for decades.  While the Jets are talented on both sides of the ball, their ego is writing checks their team cannot cash. We wouldn't be surprised to see them 2-2 after the first month. That being said, they have a top five defense (which is why we have them on our FF team) and defense wins games. 

Your Dolphins are well coached and they have some talent. But this team rises and falls on the Tua tide, and it remains to be seen if he can stay healthy all season. Surprise Rookie? We L.O.V.E the rookie RB De'Vone Archane. He could be one of the steals of the draft- he is that explosive (which is why we have him on our FF team as well).  The Fins will go as far as Tua can take them. 

WEEK ONE PICKS

You'll always make money over the long run picking home dogs. While Phil Simms says the Cowboys are loaded this year, they never fail to disappoint, and we pretty much paid for our European tour this year picking against them last year. We will start the season taking the Giants at home +3.5 over the Cowpokes and the Steelers at home +2.5 over the 49ers. The Steelers could surprise some people this year and as you know, we love identifying trends early on in the season and riding it until the rest of the bettors catch up.  And while you're at it take the UNDER 45 in the Giants game and OVER 41 in the Steelers/ San Fran matchup.

The Texans start a rookie QB. The Ravens have the ever-dangerous Lamar Jackson. Take Baltimore -8.5 and the final score will be more like 35-10. 

 Our Super Bowl Pick, the Cincy Bengals are giving 2 on the road at Cleveland. Whatever window the Browns had has closed. Super Bowl teams win on the road. Bengals -2 over the Browns. Under 47 looks nice as well. 

The Falcons should be on the rebound. The Panthers have a rookie QB starting on the road. Enough said. the -3.5 seems low to us. Should be closer to 6. Take Atlanta at home -3.5. 

Raiders at Broncos is a matchup that makes us yawn today. Under 43.5

The MNF matchup between the Bills and the J..E..T..S.. Jets Jets Rodgers/Jets is intriguing. We will break this game down for you on Monday afternoon. 

Sports App Parlay of the Day. (See our rant below). On our DraftKings Sports Book App- which works here in New England- we have the following $50 parlay- which if it hits will pay over $750: All four of these players scoring a TD today:  MCCaffrey, Justin Jefferson, Derrick Henry, and Tyreek Hill. 

  

SURVIVOR POOL

We will have the chart posted by kickoff as stragglers are still sending us picks. No one won the second bye contest, although a few- including favorite Fake Alex Michaels-  came close picking the total at 40 (the total was 41). 

Are you ready for some Football? WE ARE. 

Book1 Survivor Week One by Anonymous PbHV4H on Scribd



A small Rumpole Rant. 

Sitting here in New England, we have our DraftKings app open and are happily betting our picks. And maybe if we go out to the pub for a cold one in the afternoon after returning from our hike, we might tap the app and put $25 on the Fins for the 4pm game. We can do that. You - in Miami- cannot- because Florida doesn't allow sports betting. 

You can go to the Hard Rock casino and lose your paycheck in their slots. But for some reason, you cannot open an App and put a Benji on the Fins. Florida is leaving tens of millions ebery year in tax revenue on the table, and that sucks. We are sure the PDS and ASAs and RCs would like a raise, not to mention public school teachers (don't mention gay people or civil rights in the classroom!) and first responders. 

Isn't it about time Florida joined the 21st century? All the major sports teams have embraced sports betting. The NFL and NHL have teams in Las Vegas for Pete's sake! Sports betting has been around ever since the Greeks were running marathons. Billions and Billions of dollars are bet on sports every year. Pass the legislation and allow on-line sports betting in Florida please. It's not like we are saying teachers have to tell the truth to their students about the civil rights movement. It's just the ability to put a $50 parlay on MCCaffrey, Justin Jefferson, Derrick Henry, and Tyreek Hill all scoring a TD today so we can enjoy the games.  

Saturday, September 09, 2023

FOORTBALL WEEKEND

 


Don't you just love this weekend? The leaves are starting to change here in New England and fall is in the air. College football is in full swing, and count us as BIG Colorado fans and Coach Dion Sanders who has his Buffs up 20-7 in the 3rd quarter as we write this.  Didn't FSU have a chance to make him a coach? They blew it. 

We will get our yearly picks up by Sunday, for now let's just say your Detroit Lions r-like-fer rea-lol  (may be the very first time we have used LOL on this blog). 

NO ONE got the 41 total for Thursday's night's game (Lions beat the Chiefs 21-20) and some long-time players LOST in week one, including former champion Clayton Kaeiser, which goes to show you the Survivor Pool game is deceptively hard. 

Enjoy your sticky Miami weekend while we hike cool New England mountains, sip Chowdah and steam some lobsters and steamer clams (which are our fav). 

NFL Week One Tomorrow and we are downright giddy. 

Thursday, September 07, 2023

SUSPENDED

UPDATE THURSDAY NIGHT FOOTBALL

For transparency purposes, our selection in the contest for an extra bye in the Survivor Pool is the total of 51. 

Our pick is the Chiefs -4. 

Before we begin our post, it is not too late to join our world famous REGJB Survivor Pool by sending an email to Fbpool12@gmail.com and if you want a shot at a second bye, pick the total in the Chiefs/Lions game tonight. 

If you want to dance you have to pay the band

If you want to play you have to pay the man. 

Rocky Balboa, Rocky I. 

FLORIDA SUPREME COURT CHANGES RULE ON ATTORNEY  

 SUSPENSION FOR FELONY ARRESTS 

    It used to be that lawyers arrested for possession of undersized grouper or aggravated stalking on their boyfriend/ spouse would hire Rumpole, we would quickly dispose of the matter and they would continue their practice bruised but still in the game. Lawyers did not get suspended upon arrest. 

That has changed. 

Now the Florida Supreme Court has amended the rule to allow an emergency suspension upon arrest. 

Cue Dragnet music- dum da dum dum. 

Not that for one blessed moment would we ever think the State of Florida would charge  successful attorney to get her suspended and removed from a case. To do that, you would have to have a Governor that suspends State Attorneys for political reasons- and that never happens, right? 


3RD DCA CONFIDENTIAL INFORMANT DECISION 

By rule the 3rd DCA must rule in favor of the a defendant once every six months. The current decision, which appellate super lawyer Daniel Tibbitt alerted us to, is a good read for those of you with a case involving a CI. 

Tyquane Williams Ci by Anonymous PbHV4H on Scribd

Tuesday, September 05, 2023

SURVIVOR POOL 2023

 If you have not sent an email to Fbpool12@gmail.com  you should do so and register for the heart stoppin, world rockin, famous REGJB Survivor pool. 

The NFL Season starts this THURSDAY NIGHT with the Chiefs vs the Lions. 

A quick refresher of the rules. 

You must pick one game each week for one team to win. 

No spreads. Just one team to win. 

When you pick a team you cannot pick that team for the rest of the year. 

You get one bye week of your choice. When you play your bye week, you do not have to make a pick that week. 

So send an email and we will add you to the list. 

SPECIAL NFL SEASON OPENER. The Player(s) closest to the total for the Chiefs/Lions games wins a valuable second bye for the season. 

A total means the total points scored in the game. So if the Lions beat the Chiefs 25-3, the total is 28 (25 + 3...you lawyers help your judges understand this). 

To be eligible for the second bye contest, you MUST SEND YOUR PICK of the total before the Thursday night game. So again, for you judges who play, you can do the following: 

1) send an email asking to play AND choosing the total in the Thursday night game - which might look like this "Hi Rumpole. Sign me up for the Survivor Pool. My pick for the total Thursday night is 34" 

OR

2) "Hi Rumpole. I want to play the Survivor Pool. My Thursday night pick for the second bye is a total of 23 points scored AND my first pick for week on is the JETS over the Bills"

And here we go with the NFL 2023 season and yet another famous REGJB Survivor Pool. 

FANTASY FOOTBALL DRAFT RESULTS 

We have a solid ten teams in our REGJB Fantasy Football league run by co-commissioner and Fantasy Football Fanatic Judge De La Over who donates his time mediating disputes amongst litigious fantasy football lawyers/players- a thankless job if there ever was one-and who- we kid you not- drafted a tight end named Chigoziem Okonkwo  

We had our draft Sunday, and we awoke today to an email from a Yahoo AI Bot MOCKING Rumpole and trashing our drafting strategy.  That's ok- it's why we play the game. Here is the email, but let us just say that George Pickens- the WR the Yahoo computer thinks we drafted way too early is going to lead the NFL in yards and be a top three in TDs and will go number one next year. He is the steal of the draft and is going to lead our team to greatness. 

And yes- our team's name is AUSA Jack Smith for obvious reasons. 

In the highly anticipated Justice Building 2023 draft, AUSA JACK SMITH had the honor of picking first. With a draft grade of C- and a projected finish of 6th, it seems like their dreams of fantasy glory may be a bit far-fetched. However, they did manage to make a few interesting moves. Their best pick was snagging Pat Freiermuth at 81, beating the ADP by 5 spots. On the other hand, their worst pick was reaching for George Pickens at 41, a whopping 52 spots ahead of their ADP. Talk about a gamble!

One thing that stands out about AUSA JACK SMITH's draft strategy is their affinity for a particular team. They managed to draft not one, not two, but three players from the same team: Christian McCaffrey, Deebo Samuel, and Brock Purdy. It's clear that they're putting all their eggs in one basket, hoping that this team's success will translate into fantasy points. However, with a projected record of 5-10-0 and a schedule difficulty ranked 6th toughest out of 10 teams, it looks like AUSA JACK SMITH may be in for a bumpy ride. Maybe they should consider changing their team name to 'AUSA JACK SMITH's Hail Marys'!

Laugh now Yahoo- let's see who is laughing at the end of the season (and yes, we are in an argument with an AI Bot).




Sunday, September 03, 2023

FANTASY FOOTBALL DRAFT TODAY (SUNDAY)

 The world famous REGJB Fantasy Football draft is TODAY (Sunday) at 5pm  (last year there was a conspiracy and the time was changed and Rumpole missed the draft). 

And by the luck of the draw  Rumpole is drafting .....NUMBER ONE. 

"Luck is the residue of design" 

            Vince Lombardi. 


WHO SHOULD WE PICK NUMBER ONE? Receiver seems to be the top choice. But never underestimate a great kicker. 

Tuesday, August 29, 2023

HOW DID YOU SPEND YOUR SUMMER?

UPDATE: GLOBAL WARMING A HOAX! No noticeable effects.  Summers are just hot. Deal with it. 



We approach the last holiday weekend of Summer 2023, when heat levels reached such critical levels that even the most ardent Republicans were forced to admit that they lowered their AC "just a bit". 

How did you spend your summer?  Did you try a case? Did you visit Disney? Rumpole spend it (and is spending it) bathing in the North Sea. 

Were you arraigned multiple times? 



Thursday, August 24, 2023

THE BEST PLACE TO GET COFFEE

UPDATE: The world famous REGJB Justice Building Fantasy Football league has SOLD OUT all ten spots. We are considering increasing the league to 12 or 14 teams. If you want in, send us an email and use all your legal skills to persuade us why we should let you in- a statement affirming that you promise to draft a kicker first (or Daniel Jones) would go a long way to convince us that you belong. 


This blog has always said that when we discuss an issue and criticize a lawyer or judge, that we would always allow the recipient of Rumpole's wrath equal time and access to the front page of the blog, with their response unedited. 

And we mean what we say. 

Thus we present Mr. Talpin's response, unedited and in full, to our recent reporting of the criticism of the new procedures in County Court. 

Good morning. I will not debate the merits of our policies or anything else on this blog (other than, perhaps, the best place to get coffee), but wanted to correct some misperceptions about our BOT policy and offer a helping hand when appropriate.

I implemented the updated BOT policy, not Leonard.

BOT was implemented over a decade ago for a number of purposes, including: (1) to reduce our dismissal rate; (2) to ensure defendants get the treatment they need as soon as possible (research shows that treatment is most effective when obtained/given as close to the learning opportunity/event as possible); and (3) to allow the prosecutors to focus on their most significant cases.

Consistent with our goals, I asked our prosecutors to withdraw BOT 30 days after arraignment (or written plea) or 5 days before sounding (if one) or trial (if no sounding), whichever is sooner in new cases. Thirty days is more than enough time for you all to obtain basic discovery. For pending cases, I asked them to be reasonable about the amount of time they provide to accept. I also advised that we would extend the deadlines as reasonable and appropriate to ensure fair and just case resolutions. Some of our prosecutors have taken the initiative and applied the updated BOT policy in other cases. I applaud those efforts.

As with any change, there have been some glitches. However, as I said from day one, we are more than happy to address them and accommodate requests in appropriate cases. In fact, I have helped both of the lawyers who reached out to me.

I hope this alleviates the apparent confusion. If any of you feel that we should make an exception in one of your cases or would like to address any other issues, feel free to call or e mail Leonard or me. Leonard’s e mail is leonardthompsonjr@miamisao.com; my e mail is Stephenktalpins@aol.com. If the issue is urgent, my cell is 305-610-3585.

Thank you and have a great day.

Stephen K. Talpins

Wednesday, August 23, 2023 9:24:00 AM


Rumpole Responds: So, to be clear, Mr. Talpins, like a former president and current defendant in four criminal cases will NOT participate in a debate (on the policies of the SAO). So be it. We wish him a better future than the other person who did not debate this week. And we also thank him for his response. Communication between the State and Defense is key to a well-functioning court system. 

Meanwhile, in general a Starbucks Americano is our go-to drink. And if you really want to get coffee bougie, then any coffee from a Peaberry bean is the best you will ever taste. If you're in NYC then Blue Bottle Coffee is the best place to go. Their New Orleans-Chicory coffee will rock your world.  What say you Mr. Talpins about our coffee picks? 


Wednesday, August 23, 2023

TWO NEW JUDGES IN MIAMI-DADE COUNTY .......

THE CAPTAIN REPORTS

AND YOUR TWO NEWEST JUDGES ARE .....

JUDGE LAURA GONZALEZ-MARQUES

Judge Gonzalez-Marques moves from the County Court bench to Circuit Court. She became a member of The Florida Bar in 2009. She worked with the law firm of Kobre & Kim until her appointment by Gov DeSantis to the County Court in September of 2021. In less than two years she takes over for Judge Michael Hanzman who resigned earlier this year.

JUDGE RITA CUERVO (aka Ritamaria Gonzalez Cuervo)

Judge Cuervo has been a member of The Florida Bar since 2005. She has been an associate with the law firm of Andrews Biernacki Davis since 2018. There she primarily handles PIP and insurance defense cases. She began her career as an APD in Miami-Dade County. She now moves to the County Court bench taking the seat previously occupied by Judge Fred Seraphin who retired earlier this year.

Happy (and surprised) to see the appointment of Ms. Cuervo. To date, Gov DeSantis has been in office for four years and seven months. In that time, he has made 230 judicial appointments. Of those 230, a staggering 147 were at one time an ASA, AUSA, or AAG (64%). Compare that to a total of 13 of 230 that were either an APD or AFPD (5%). Even more shocking, of the 230 appointments, 78 moved directly from the office of ASA, AUSA, or AAG to the bench (34%) compared to a whopping two (2) who came directly from the public defense side; one was an APD and the other was an AFPD (.008%).

IN OTHER NEWS .......

Gov. DeSantis appoints three to the Florida Museum of Black History Task Force.  

The three appointments include Brian Butler, Berny Jacques, and Antony Lee. Butler, President and CEO of JCB Construction was quoted as saying as to his successful career in the construction industry: “I owe it all to my great granddaddy who learned the construction trade as a slave working on a plantation in Georgia. But for him, I may have never gotten into the construction industry”.***

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

***The quoted section is what we call a joke.



Tuesday, August 22, 2023

SUMMER DOLDRUMS

As we sip wines in Europe, and quaff an occasional ale, Judges continue to act poorly. Or in this case, former judges. 

Just a reminder, even if you're a former judge and now just a lowly lawyer, YOU NEED TO DO YOUR CLE OR YOU WILL BE SUSPENDED ( as you just found out along with the rest of your collegaues via an article in the Florida Keys newspaper. ). 


COUNTY COURT CONTRETEMPS

Long time and careful readers of the blog will recall when there was a Komisar of County Court, who tried to rule with an iron fist. Where is she now? 

Well, in any event, there is a NEW COUNTY COURT SHERIFF in town (let's call him Sheriff Lenny), lately of felonies, and now, along with a former Chief of County Court who is whispering in his ear, the two of them are forming a cabal and want lawyers to know the FUN TIMES ARE OVER! 

Discovery? Think hard about asking for it- bad things may happen. 

Want BOT? Better JUMP when they saw now- BOT deadlines are being issued in hours, not days, as in "counsel, failure to respond to this email within the next two hours will result in BOT being withdrawn, and the prosecution seeking jail, not that we ever threaten defendants or punish them for going to trial."

Trial Days: When the state says "ready" they are ready, and they do not need to have their witnesses in court. A ready announcement will result in a jury being brought down. 

Put another way, the ways of doing things for the last 50 years have changed in county court now that there is a NEW SHERIFF IN TOWN. The state doesn't need to have their witnesses in court. Think they don't have witnesses? Start voir dire and see who shows up. 

Let's see if the County Court Judges have the cojones to put an end to this madness or let's see if SHERIFF LENNY wins the stare down with the state and the defense. 

The sad part of this is that new prosecutors are being indoctrinated with the ethics of pushing defendants around. Back when Janet Reno was State Attorney, she called each one of them into her office and said a few simple things like "do the right thing", "go where the evidence takes you and don't pay any attention to politics or pressure",  and "the proudest moments you should have as a prosecutor is for the cases you do not prosecute because that is the right thing to do". 

If you're a new prosecutor and reading this, just remember one of Rumpole's maxims: "You will spend a career building a reputation, and you can ruin it in a moment" (like if you're a division prosecutor and a judge removes you from their division for acting sleezy, which has been known to occur from time to time....right?")


Sunday, August 20, 2023

KENNY MARIVIN HAS PASSED AWAY

 Former Dade PD from the "glory days"- Kenny Marvin, has passed away. We knew Kenny, and liked him and admired him a lot. He was a great guy and a very committed Public Defender, 

Here is the email from our chief judge: 


Good morning,

 

As most of you have heard by now former Miami APD and retired bar counsel, Kenny Marvin, passed away early Tuesday AM. Kenny left the Miami PDO over 25 years ago but the Kenny stories are still alive and well.  He was a great lawyer and a great person and he went on to enjoy a successful career with the Fla Bar until he retired.

 

I have been in touch with Theresa Flury, his ex-wife and mother of his son, Eric.  They are obviously devastated. Theresa and Kenny were a model of divorce and still very close. Services are going to be private. He will be laid to rest with a UM hat and  a pack of cigarettes. Theresa asked me to pass the below information on.  I have included as many on this email in the BCC as I could think of but feel free to share the information with people who knew and loved Kenny.

 

Please feel free to send condolences and your best Kenny M stories to Eric and Theresa:

 

Eric Marvin

3467 Daylily Lane

Tallahassee, FL 32308

ericmarvin187@gmail.com

 

Theresa Flury

1004 Brookwood Drive

Tallahassee, FL  32308

taflury4@gmail.com

 

If you wish donations can be made in his name to St. Jude Hospital:

 

https://www.stjude.org/donate/prospects-tssl.html?sc_dcm=58700008008698866&sc_cid=kwp&sc_cat=b&ds_rl=1290690&ds_rl=1291300&ds_rl=1285465&gclid=CjwKCAjwivemBhBhEiwAJxNWN-Cz2j5zrvAvQ0MWnekfPvhpBtAGCr0zP9gC6oR9EZSiLdnPFjvMsBoCdSUQAvD_BwE&gclsrc=aw.ds

 

Saturday, August 19, 2023

CLICK

 On our travels whilst in Europe we frequent museums, which for those robed readers under 40 who live on their phones, a museum is a place that acts as a depository of art and artifacts. In the art exhibits, the painting is displayed and many times a brief description of the artist and the provenance of the painting, along with some information about the painting, is displayed next to the painting. 

So for example, a Monet of a Bridge over a pond of Waterlilies might contain a brief description of Monet's garden and the specifics of this waterlily painting- Monet made many paintings of waterlilies. 

Monet's iconic bridge over waterlily

We have noticed a disturbing trend, mostly amongst Americans and Chinese females.  (NB- there is NOTHING politically incorrect to note that a particular race and sex seems to act in a certain way if the objective evidence backs up the observation. If you feel otherwise, stuff it.) *

They are racing from painting to painting, taking a picture of the painting with their phone, then taking a picture of the description, and then racing on to the next one. There is no quiet contemplation of the strokes in a Van Gogh haystack, or a Monet waterlily. There is no re-wiring of the brain; no soothing conversation of beta waves into alpha waves.  Just a race to record the art and the description on their phone- which you can get by buying any book in the gift store about the exhibit. 

It's sad. It's depressing. There's a miracle in Van Gogh's repeated painting of large cypress trees in Arles, or the satisfaction of discovering the reflection of a branch overhanging a pond in the water, in a Monet. 

So, if you find your way to a museum, something we sadly lack in South Florida, and Florida for that matter...relax. You don't need to take a picture of Starry Night. Everyone (robed readers excepted) knows the painting. We don't need to see it on your Snap-toc, or a selfie of you standing in front of it on IG. Look at the art; absorb it; let it soothe your soul (except for robed readers north of the border who have no soul); and if need be, invite a friend out for a glass of wine at a cafe and explain what it meant to gaze upon Starry Night, and how it moved you. 

Starry Night 


In other words, stop and smell the roses and gaze upon the haystacks and waterlilies.  It will do more for you than a well written response to a misbegotten 404b motion. 

HR, Esq.


* We get that there are racist stereotypes that are offensive and that in a general sense people do not all act in a certain way just because they are a member of a race or group. But we are here to tell you that over the course of three museums in one week, once we began to count, we noticed that of all the types of people in the galleries, women from China were at about a rate of more than 9 to 1 taking pictures of every picture and every description. Why? We have no idea. Maybe they are being nice and want to share it with their family back home.  But objectively, it was a noticeable trend. Just as it was that almost all Americans, regardless of sex, were doing the same thing. Now compare that to people who, based on the language we heard them speaking, were not Americans, who were simply looking at the art. Families with English accents were chatting about Van Gogh in Arles;  Germans were discussing the difference between Van Gogh's paintings of gardens that were composed of dabs of paint versus his strokes when painting the giant green cypress trees.  It is the difference between enjoying the moment, and needing to prove to the rest of the world where you were and what you did. We Americans have it all wrong. 

Tuesday, August 15, 2023

PRESIDENTIAL QUAGMIRE

Prologue: The objective of this post is to not make a political statement but rather just talk criminal law. Also, this is in no way an attempt to sound authoritative about the former President's four pending cases.  

Donald Trump has four cases in four different jurisdictions. There are some dynamics about these cases where a possible interpretation may be that the allegations involve violence, threats of violence, obstruction of justice or other categorizations that prosecutors routinely utilize to ask for pretrial detention or limitations on freedoms while out on bond.  For the good of appearances for this country, and from the perspective of the four powers that be, there may be reasonable apprehensions as to treating a former President as a common criminal yet, how do you explain the [seemingly ] distinguishable manner that Trump has been treated versus how the masses (where most  are comprised of minorities and people of a lower economic status) have always been treated?  

No perp walk
no guns being drawn, 
not being cuffed, 
no lengthy bonding out process, 
no enforced rules on pretrial conduct, 
no limitations ?
etc?

If anybody else had such a cluster of criminal litigation covering a spectrum of criminal statutes, as well as an [apparent] display of disrespect and aggression towards the judiciary and prosecution, would they receive the same accommodations? 

Common sense may dictate that treating of a former President in  [as perceived to some as ] an oppressive manner may relegate the Presidential image to that of what many of us look down upon in less sophisticated countries but... how do you explain this to the multitudes that have been treated so much worse? There are prisoners locked up for years just waiting for their day in court. Having pretrial detention severely limits an accused's ability to coordinate, formulate and finance a defense. Think of the people locked up for years that are eventually exonerated. Think of the court that rules "proof evident/presumption great" and then a jury immediately acquits.  There can be, no doubt about it, different standards of justice depending on your social status, size of your wallet and color of your skin.

Judges, prosecutors and correctional officers; what do you say if if an accused remarks, "Why are there different standards of justice? Why can't I be treated like Trump? Why are you cuffing me, you didn't cuff Trump? Why did you revoke my bond...I only have two cases...and they are not crimes of violence?  Frankly, any devoted, justice-minded participant in the criminal justice system, whether you are a judge, prosecutor, defense attorney, correctional  officer or administrator ...this juxtaposition of the "haves" versus the "have nots" should be so very alarming.  Could and should this extreme and unique special treatment be legal precedent for the common defendant?  How can it be ignored ?