WELL THAT WAS QUICK

 After months of blustering POTUS imposed a 200 million percent tariff on Mexico and Canada and then backed down a few hours later. Sort of like the parent who takes away TV privileges from their child but then lets them watch You Tube and Tik Tok videos. What lesson does the kid learn? The parent (POTUS) is a wimp. 

We were being served our pancake breakfast when news of the tariffs hit. Managment quickly snatched away the syrup saying it was now 40 bucks a shot, only to return it a few minutes later with their apologies. 

Well it is February and if you followed Rumpole's advice you avoided trials in January but now, like us, have a full trial schedule. Important practice tip: Lawyers from Miami should try and avoid cases being set for trial in Minnesota in early February. Are you kidding us? The coffee from Starbucks froze when we walked outside. 

So Justice Building Irregulars - who are your new favourite robe wearers  from the batch of newly minted judges (certain in their own mind their ascension was preordained by the Lord) and which ones are exhibiting that well known condition of robeitis - having never tried anything other than a bench trial in private practice they spout nonsense like this : 

"Counsel your motion to continue is denied. You've already had one in this capital murder case and should have gotten all your depositions done in the two months since arraignment. Plus if you read our practice order we require motions to continue to be fully briefed with the rules of criminal procedure and judicial administration to be cited with appropriate case law and a certification that you and opposing counsel have conferred in person for not less than one hour to narrow the issues before the court. Having done none of this, jury selection will start tomorrow so you can finish your depositions today...."

There are just some judges who are certain that their appointment/election means Circuit Court-District Court-Supreme Court- and the more delusional of them (and you've seen them) -POTUS. 

Do your best. Report their ridiculous behavior to their more experienced and grounded colleagues, and of course the blog. 

Coming Soon ( as soon we get a minute to breathe) Ominous Parallels. 

Oh yeah- if you don't like how quickly we post comments then go to Mr. Markus's blog. We are doing the best we can until we get some more blog interns. 

Speaking of which, Mr. Markus (the second best legal blogger in the country)  is on fire 🔥with some great posts including a federal Judicial DEI seminar that may now be illegal;  a US Attorney's Office whose moral is as low as the Miami-Dade SAO, or a Democrat in Congress,  and a Judge Rudy Ruiz order for a new trial that is not to be missed for its fairness and insightful analysis. Sometimes we get it right when we appoint judges. 

Check it all out here. 

DEI will be the New McCarthyism:  "Are you now or have you ever been a member of a group that supported diversity or equity or inclusion? Will the witness please remember that they are under oath and answer whether or not they attended a meeting in Miami Florida in which certain members of the Federal Judiciary celebrated (against the public policy of the United States) Black History Month with a symposium entitled (add your own version of a nasty sneer) "Layered Lives: The Intersection of Identity And Experience". 

If you attend, and you should, you might want to wear a burka as there is certain to be agents of DOGE recording people entering the event.  

Attending DEI events will be this generation's version of sitting in at Woolworth lunch counters in the South that refused to serve African Americans. You will be attacked and ridiculed (albeit mostly likely on X and IG). But it is the right thing to do. So do it. 

GROUNDHOG DAY

 

For those of us up North, Punxsutawney Phil saw his shadow...six more weeks of winter. 

Thought of the day: Don't you wish they picked Punxsutawney Phil the same way they choose the Dali Lama? 

Alternative thought of the day: To our friends in Canada and Mexico and others in the rest of the world looking at us, we are sorry- about 50% of tried to avoid this. 

For the Super Bowl you should be gathering all your money, calling in fees due from clients and placing as big a bet as you can on the Philadelphia Eagles money line. They are going to win ...Fly Eagles Fly. 

JUDGE ALAN SCHWARTZ WAS A TREASURE

 

    We came across this case in our work on an esoteric issue. And as long time and careful readers of the blog know, we love a good Churchill quote. 

SCHWARTZ, ALAN R., Associate Judge.

As Churchill might have put it had he been considering the fascinating and monumental verities of Florida post-trial procedural law and practice rather than merely the prosaic question of Chinese politics, the result we reach in this case represents an incongruity arising out of an imbroglio and caused by an anomaly. The incongruity lies in the fact that the parties are required to undergo a new trial even though the plaintiff has now agreed to an order, secured by the defendant, and affirmed by us, which reduces his judgment as a condition of Avoiding such a trial. The anomaly is the peculiarity of the Florida law which permits a full appeal from an essentially interlocutory order only in the case of an order granting a new trial. The imbroglio occurred in this manner:

Mendelson v. Mendelson, 341 So. 2d 811, 812 (Fla. 2d DCA 1977)

MORE ON THE SAO MOST RECENT SCREW UP

We received this communication with a request that we post it. Sure. Why not? 

 As an attorney who came up through the SAO, it saddens me to see things like what just happened in my case with Michele, Khurrum, and Alyssa. Luckily, we were able to achieve a positive result for the clients.

First things first, though: I’d like the focus at the moment to shift away from “More Shame for the Dade SAO,” as your January 16, 2025, post is titled. Instead, I’d like the spotlight to be on Assistant State Attorneys Casey Hughes and Alejandra De La Fuente.

Casey has been dealt the short end of the stick for some time, often left with the dumpster fire work of her predecessors in the last two homicides I litigated with her. All I’ve seen from Casey is the work of a responsive prosecutor who puts in more effort than many of the “2600 billable hour” civil attorneys—all while making a fraction of the pay. When Casey discovered the issue in this case after hours (around 8 PM the night after jury selection), she immediately dismissed it the following morning. Her concern shifted instantly to explaining and consoling the next of kin about what she was about to do. Acknowledging that your office made a mistake and taking responsibility for someone else’s improper behavior has to be one of the hardest conversations a prosecutor can have with a next of kin.

Casey wasn’t having any of this nonsense, and I believe she should be recognized for her actions so that prosecutors in the office can look to her as a model—not just for how to ethically handle their role as prosecutors, but for how to be an attorney. When we focus solely on the bad apples, we perpetuate the culture of negativity that surrounds the office. This negativity, in turn, deters good and ethical prosecutors from potentially joining their ranks. If the defense bar cannot compel the office to remove bad apples, the next best option is to highlight the good ones.

Highlighting the good will reap long-term benefits. On this case, I saw Alejandra prepare for her first homicide as a prosecutor. For anyone who has done that, you know it’s a huge milestone and often a goal for those joining the State Attorney’s Office. While the case was overly weak, she worked tirelessly to get ready. The emotions she must be experiencing right now have to be on another level—building a relationship with the next of kin who have been shuffled between prosecutors, practicing her opening statement for days on end, and learning the file inside and out—only to find out 30 minutes before opening statements that all her hard work was derailed by a “win-at-all-costs” culture from a former colleague.

This was one of those “grow up” moments for Alejandra that was completely out of her control, but it will become the foundation that makes her an excellent Division Chief (and likely a judge someday).

So, when you see Casey or Alejandra in court, know that they are some of the good ones we should want to see more of. The office isn’t known for giving pats on the back (outside of the self-promotional all-office emails they force you to send about a trial victory), so I’m sure they would appreciate the acknowledgment—even if they won’t admit it.

Second, these Brady/Giglio issues can be fixed. 100%. The process of notifying the defense about Brady violations has been broken since I was at the office, and it has not changed. Typically, when a Brady violation comes to the office’s attention, a notice is generated and sent only to the ASAs handling cases involving that witness. This process is also limited to police officers. On its face, this system may seem fine. However, once that officer resumes working cases, no new Brady notice is generated. When Officer X is back on the road six months later and involved in a new investigation, the ASAs handling that case will likely be clueless about the prior violation (unless they happen to check COP search and generate the notice themselves).

The easiest fix? Since the SAO keeps a list of all pending Brady investigations, post it on the SAO website and update it daily. While notices would still be nice, this approach ensures everyone has access to the information in real time.

For emails on old cases, the SAO should institute a system where all case-related emails are automatically archived in the electronic file of the case (in v-case). When someone sends an email about a case, they should BCC an address like F2500350@miamisao.com, so the email is automatically filed under its proper case. Yes, this requires ASAs to be honest and document communications properly (though nothing stops someone from using personal email), but implementing a system like this would be a significant step forward. I’m confident there are civil firms with similar programs in place.

I honestly have no clue whether anyone of importance from the office has reached out to those who have left in the last decade to ask for suggestions. As far as I know, there’s no exit survey.

This is my two cents, for what it’s worth. Again, thank you to everyone for the well wishes. I think Michele, Khurrum, Alyssa, Casey, Alejandra, myself (and probably Judge Tinkler-Mendez, though we all know she doesn’t take breaks ) need a nice weeklong cruise along the Gulf of America.

 

Adam K. Goodman

The Law Office of Adam K. Goodman

NFL 2024 CHAMPIONSHIP SUNDAY

 Two great games today will choose your 2024 super bowl teams. 

First up are the upstart DC Commanders at Philly.  

DC has a rookie QB. (We like to rhyme...all the time). 

Has a rookie QB ever started a championship game with the right to go to the super bowl? 

Yes. Five times. 

How many times has the rookie QB won the game and taken his team to the super bowl? Let us count. There  was....and then ...and of course that game....so....adding them up the answer is ZERO! Not once has a rookie won a championship game and taken his team to the super bowl. 

Can DC QB Daniels do it today? Probably not, but that has not stopped Rumpole from getting +225 for his $100 bet and take DC and the money line, eschewing (we would bet that no other sports tout has used the word "eschewing" today) the six points. 

Should you follow us? Better to take the six points as DC keeps it close. 

But if, as Karl Wallenda said "life is on the wire", then eschew the points and take next month's mortgage/rent payment and put in on DC to go to the super bowl. 

Buffalo plays at KC today in the evening game at 6:30. The Chiefs returning to the super bowl is about as welcome as a former president winning an election and regaining the presidency. Except here most of the nation is united in wanting to see KC lose. We have Andy Reid/Patrick Mahomes/Travis Kelce/Taylor Swift fatigue. The Chiefs going back to the super bowl is as annoying as those 1-800-Kars-4-kids radio spots. 

(Query? If you have Sirius Satellite radio, what is more annoying? The 1-800-Kars-4-Kids ad, or that annoying Wilfred Brimley type guy who hates lawyers and wants to get you out of your timeshare?  Both of those drive us nuts!) 

The plays here are player props. Josh Allen to throw over 225 yards? We are in. Bills WR Khalil Shakir over 5 receptions and 55 yards as a parlay? You betcha (pun intended).  

Who do we like? Bills to win. But because they are playing Nosferatu who was seemingly dead with 13 seconds left the last time these two teams met in the AFC championship game only to rise from the dead and beat the Bills, we are taking the two points as well. Bills +2 over KC. 

This has been a great NFL season and the playoffs have not disappointed. Todays games will be great. 

Enjoy. 

DAY FIVE

 Thought of the day: When you give a narcissistic sociopath power, do not be surprised when they act in petty and vindictive ways beneath the dignity of the office they hold. See below. 

And God said, Let the waters bring forth abundantly the moving creature that hath life, and fowl that may fly above the earth in the open firmament of heaven.

And God created great whales, and every living creature that moveth, which the waters brought forth abundantly, after their kind, and every winged fowl after his kind: and God saw that it was good. And God blessed them, saying, Be fruitful, and multiply, and fill the waters in the seas, and let fowl multiply in the earth.

 And the evening and the morning were the fifth day.

And the president heard that Iran and foreign enemies wanted to kill his former secretary of state Mike Pompeo and former National Security Advisor John Bolton. And both had criticized the lunacy of the president's action in the prior administration. And although President Biden had provided them security protections because they were former government employees who were being targeted by foreign enemies because of the actions they endorsed whilst protecting the United States and doing their job...

And the president said let them go forth without their security details so they can feel the wrath of telling the truth about how unhinged and inept and dangerous I was and if they are killed for their service to the United States let it be on their own head. 

And the president looked and saw that Dr Fauci was also getting security protection because of the lies the president spread as Dr. Fauci worked to save lives during the pandemic by promoting vaccines that saved millions of people lives. And the president knew that unlike himself Dr. Fauci was intelligent and dedicated and did his job supremely well. And the president said let the doctor go forth without protection and suffer the wrath for showing the world that he was smarter and more competent than I was. 

And the president looked around and fired most inspector generals of the administrative agencies- the people responsible for making sure agency officials perform their jobs as required. And the president saw that his new Secretary Of State suspended all foreign aid. And not caring that the United States's investment in foreign aid pays dividends of perhaps ten times the money spent for the influence it gives the United States throughout the world. And the president saw China and Russia celebrating the moves the president made in belittling his office, placing former officials in mortal jeopardy, and lessening the United States' influence around the world, and the president said I am doing just what I said I would do- destroy this country as a petty and warped narcissistic sociopath And the president saw that it was good. And the evening and the morning of the fifth day of darkness  descended across the land. 

DAYS THREE AND FOUR

 And G-d said, Let the waters under the heaven be gathered together unto one place, and let the dry land appear: and it was so.
And G-d called the dry land Earth; and the gathering together of the waters called he Seas: and G-d saw that it was good. And G-d said, Let the earth bring forth grass, the herb yielding seed, and the fruit tree yielding fruit after his kind, whose seed is in itself, upon the earth: and it was so.
And the evening and the morning were the third day.

And G-d said, Let there be lights in the firmament of the heaven to divide the day from the night; and let them be for signs, and for seasons, and for days, and years.  And let them be for lights in the firmament of the heaven to give light upon the earth: and it was so. And G-d made two great lights; the greater light to rule the day, and the lesser light to rule the night: he made the stars also.  And G-d set them in the firmament of the heaven to give light upon the earth.  And the evening and the morning were the fourth day.

Day Three: 

And the President ordered law enforcement to enter schools and seize little children as part of illegal immigration enforcement. And the President saw that it was good that school age children were to be arrested in school and taken away from their friends and teachers and the life they knew. And the President ordered US Attorneys to order the arrest and prosecution of officials who did not comply with the President's orders arresting children in school and enforcing immigration laws. And few people spoke out on behalf of the children and the poor and weak and oppressed, and the President clapped his hands together in glee and saw that it was good. And the evening and the morning were the third day. 

And on the Fourth day the President ordered the military to the Southern Border to enforce immigration laws. And the order violated The Posse Comitatus Act of 1878 prohibiting the use of the military to enforce domestic law. And the President saw that it was good. 

And the President ordered the Pentagon to remove the portrait of former Chairman of the Joints Chief of Staff Mark Milley who had refused the President's orders to use the military to attack domestic protestors in the prior Trump administration. And the President fired Coast Guard Commandant Admiral Linda L Fagan for "excessive focus on diversity, equity and inclusion". Admiral Fagan served at sea for the Coast Guard since 1985. And the President, who never served in the military during the Vietnam war because of a blister on his foot saw that it was good. 

And the Senators advanced the nomination of Fox News personality Pete Hegseth tp be secretary of defense despite credible evidence that he beat his wife and is an alcoholic. Such evidence included a sworn affidavit from his sister-in-law that she and Hegseth's wife had a safe word for when she was in danger. 

And Pete Hegseth called for firing Admiral Lisa Franchetti, Chief Of Naval Operations, for being "inexperienced". Admiral Franchetti has previously commanded an aircraft carrier group while serving in the Navy for 40 years. But she has not engaged in drunken domestic violence. And Hegseth also called for General Milley's replacement- General Charles Q. Brown, Jr., to be fired. General Brown is a four-star fighter pilot with 130 hours of combat flying during 40 years of service. But General Brown has never been accused of drinking to excess and beating his wife. 

And the President looked out upon the land and muttered MAGA and saw that it was good. And the evening and the morning were the fourth day. 

Former Chairman of the Joints Chiefs of Staff under Presidents George W Bush and Barak Obama- Admiral Mike Mullen- said this in an interview about what Trump and Hegseth have done and want to do: "If you want to figure out a way to decimate the military, start by wiping out its leadership." 

To be fair, nothing in MAGA mentions the military. Watch how bad this gets, and then after a wave of firing and resignations from men and women who respect the oath they have taken and will refuse to violate it, a humiliating defeat and tragedy because slogans do not replace competent and experienced leadership. 

DEI DAY TWO

 On the second day

And G-d said, Let there be a firmament in the midst of the waters, and let it divide the waters from the waters. And G-d made the firmament, and divided the waters which were under the firmament from the waters which were above the firmament: and it was so. And G-d called the firmament Heaven. And the evening and the morning were the second day.

Genesis 1:6-8. 

And on the second day the president said let there be a firmament in the midst of our country and let it divide the people, the poor from the rich, the white from the black, the citizens from the immigrants, the capable from the handicapped and let it be said there shall be no diversity, equity or inclusion programs throughout the land. And the evening and the morning of the second day. And the president saw that the downtrodden and different were marginalized and excluded and the president said that was good. 

Item: President orders all federal DEI employees to be places on paid leave pending being fired. All their email has been blocked and shut down. 

Stories here and  Wash Post and Forbes 

DAY ONE

 POTUS 47 had a busy first day in office. We will recap the highlights here with the type of insightful commentary that you log on for. 

POTUS 47 issued a whole bunch of executive orders designed to make American great again. Let's take a deeper dive. 

EO Withdrawing from the Paris climate accords. Well done. Climate change is a hoax. Take for instance the fires in California. The 2025 fires are no different than the Cali/LA fires of 2022, 2020, 2018, 2016. 2000, 1995, 1990, 1985 all the way back to the fires in the 1930s. LA burns to the ground every few years and the fake media just doesn't report it. Nor do they report the fact that most of the fires are attributable to democratic mismanagement. Turns out LA sent all it's water to Mexico which is why it wasn't available to fight fires. Hurricanes hitting New York and Boston have always been a thing. That's not climate change. Miami Beach under water because of rising seas? Everyone goes to Miami Beach to swim. What's the problem? And think of this- if we have gotten rid of those pesky icebergs last century, the Titanic would still be around. You never thought of that did you? The Paris climate accords were a Hunter Biden/Hillary Clinton scam from beginning to end. 

EO Withdrawing from the World Health Organization. Pandemics are fake news. We were members of the WHO and we supposedly had a pandemic and what did the WHO do? Help China which kicked back the money to Hunter Biden and Dr. Fauci. Well done. We don't need them.  If you're not feeling well swing some bleach. Your president said it will take care of everything. Plus horse antibiotics. And whatever you do, do not get vaccinated. Polio and Whooping Cough and the flu are natural. When's the last time you heard of someone dying of polio? Like never right? You don't need those vaccines and you don't need the Chinese led Hunter Biden loving WHO. 

EO Withdrawing Support For Transgender Individuals.  We are never as big as when we stoop down to ...kick people who are different. The American way is to marginalize those on the fringes of society. We do not celebrate our differences. The American way is to spit on and dehumanize anyone who is a little different. "We hold these truths to be self evident that all MEN are created equal..."   That's from the declaration of Independence. Note the words. All MEN are created equal. Not women who may identify as men and certainly not men who identify as women. You know where that could lead. A mistake on some drunken night and then what does that make you?  It's only a matter of time that our congress passes laws criminalizing transgender people. It's been done before. The Neurenberg laws would be a good place to start. They outlawed marriage between Aryan-Germans and Jews. If you can outlaw a culture and race you certainly can outlaw transgender people. Round em up, put em in camps and send them to Mexico. And Mexico will pay for it. You betcha they will. This is as simple as an Elon Musk nazi salute during the inauguration.  

Hiel Trump 

Pardons for everyone who stormed the capital and wanted to kill Vice President Pence.  First of all, Pence was a sanctimonious stuffed shirt, always quoting the bible and bragging how much more religious he was than everyone else. He needed a good beating, right?  Second, it is deeply enshrined in the Bible and Bill of Rights that when things don't go your way you try and burn it the F down. And if law enforcement officers get in your way you beat the crap out of them, and if some die, well, hey, maybe next time they won't try and uphold an election that Hunter Biden stole- the evidence being on his laptop. 

The Pardons were Moses like. "Let my people go." And who doesn't love Moses? Charlton Heston played him for gosh sakes. 

There was more. But this is a start. Tik Tok is back. POTUS is going to make China sell half to the US. Because it says in the bible, Ecclesiastes 2:48 "And the lord said you shall take the video platform and covet it as you do your neighbor's calf."  

HEARD AROUND THE COURTHOUSE

We were walking to our fav courthouse cafe on seven in the REGJB when we heard this unknown bailiff tell a group of potential jurors; "And I'm telling you right now if I make a mistake pronouncing your name I am Cuban and have a third grade reading level." 

Who is this guy who tells jurors that? 

The cafe on 7 makes the best Cuban toast in Miami. You read it here first. It always comes out crispy on top, soft inside and well buttered. 

DAY TWO DIVISIONAL PLAYOFFS 2024-2025

 If you took our advice and bet on the Washington Commanders yesterday you've got some extra cash for those holiday CC bills that are coming in. True we missed the over (it hit in the first half, as did Daniels passing yards) but if you took the money line you hit it like an early investor in the $Trump meme coin. Truth be told we got a tip and put the equivalent of an ASA's salary as it opened and then cashed out when we had a six-figure profit, but we were hesitant to post it on the blog because it was more of a risk than parlaying KC under and Lions over. But we will take our profit and look for the next opportunity. The thing about these meme coins is there is usually a rug-pull and you can't be left holding the coins because you'll lose all your hard-earned money. 

On to football. 

The most exciting game of the weekend (granted it will be hard to top DC- Lions yesterday) will be the Rams at Eagles. Suddenly home field for the NFC championship game is also at stake as well. Can the Rams pull a DC-type upset? Yes- like the Commanders they have the better QB. But we are playing it safe here and recommending the over 43. Stafford over 216 passing yards is a play if you think the Eagles pull ahead and LA plays from behind.  

UPDATE: WIN ON THE OVER (although the weather made it closer than it should have been) AND WIN ON THE STAFFORD OVER 216 YARDS PASSING. 

The most interesting and hard fought game of the weekend is the Ravens at Bills matchup which is the Sunday late game. On the line is both a trip to KC to beat the beatable Chiefs (just guard Kelsey in the playoffs for goodness sakes !!), and redemption for one QB and a crushing loss for the other. Both Josh Allen and Lamar are at the "no excuses" stage of their career, Are they going to have a Dan Marino/Dan Fouts great QB that never wins the Super Bowl  career? Or are they finally going to win when it counts and bring home a Lombardi Trophy? 

What you can count on is both QBs will leave it on the field. What we also think that you can count on is that when the pressure is on, Lamar will fumble with a strip sack or Int. Look at his record in first playoff games vs second. He is a big loser the second time around. Josh Allen on the other hand lost a memorable AFC Championship to KC through no fault of his own, taking the lead with about 3 seconds left (more like 40 but we have literary license here) and then seeing his defense give up a FG to Mahomes and the KC refs who made a horrible call yesterday when a Texan D lineman nicked Mahome's shoes and they called roughing the passer with a blow to the head. 

Buffalo is a home dog in a playoff game with one of the top QBs in the game. How can you pass that up? We cannot. Bills +1 (you don't need the point take the +110 money line). 

 It's like buying 4,000 $Trump coins at ten within minutes of its debut and selling at around 35.60. (while keeping a few to keep us in the game). 

Enjoy a great football Sunday and the good news is you still have Monday off (unless like us you're finishing a brief and doing pre-trial prep for a case in EDNY- but at least we have some money to spend at 11 Madison Park).  

UPDATE: 

The Clock struck midnight and Tik Tok is now dark. But - and remember Rumpole told you this- not for long. 

And there was a rug-pull on $Trump and it fell from the 40's to about $2.50. BUT...we would not be averse to buying a few thousand as we can see it rallying next week with all the Trump hoopla.* Just sayin...it might be new boat money if you do it right.  But it's not like Nvidia or Apple- you can't buy it and now watch it all day and night. You have to or you'll het washed out in a rug-pull.

UPDATE: COULD TIK TOK HAVE ITS NOSE ANY FUTHER UP THE BEHIND OF THE INCOMING PRESIDENT? 

* For fun only. We are NOT giving you or anyone investment advice other than buy don't trade Nvidia and Apple. And that comes from Jim Cramer not us. 

DIVISIONAL PLAYOFF ROUND 2024-2025

 Good Saturday morning. The news isn't great/ Tik Tok is one day away from going dark.  There will be immigration raids in Chicago next week.  Maybe it won't be Krystal Nacht, but that may not be far off sadly.  A majority of Americans are losing their minds. 

But we will handle the important stuff. 

The first game of the day is the worst game of the weekend. 

The Texans are getting 8.5 in KC. The O/U is a pedestrian 41.5. Our advice is you cannot lose what you do not put in the middle of the table. But if you must- KC is going down. America is as done with KC as the electorate was done with the Democrats last November. The question is when? Their numbers have been anemic all year which is why the O/U is so low. They squeaked by more than a Dade Asa trying to explain why they didn't turn over Brady material. If you want to have some fun take the 8.5 or even better +375 on the money line. We will be working out and getting ready for....

America's team- the Washington Commanders at Detroit. After a lifetime of futility the Lions are finally the big bully on the block.  Will they win? Probably. Are we taking the Commanders +9 and Jayden Daniels over 290 total yards? You betcha. The O/U 55 is sky high. We wouldn't touch it (unlike tomorrow's Rams at Eagles and the over 43- we are betting a significant portion of our latest federal fee on that). 

Tomorrows games will be better. We will have picks up Sunday morning. Enjoy your long weekend and remember, bet all you can, you can always make more. 

MORE COMMUTATIONS AND THE CLOCK IS TIK-TOK-ING

 President Biden's White House announced on Thursday night the largest single batch of commutations in history- over 2,500 - mostly for people serving long drug/crack sentences stemming from the 1994 Violent Crime Bill that was signed by President Clinton. Long time criminal defense attorneys know the disastrous effects of that bill on our clients and segments of society. 

Here is an article not behind a pay wall. 

Biden and the White House also intimated that more pardons/commutations could be coming this weekend. 

🕥

Tok Tok the time is running out for .....TIKTOK. 

The US Supreme Court (Motto "Not Political (but MAGA baby)") upheld on Friday the law requiring Tik Tok to shut down by Sunday. 

Gen Z'ers are quaking and nervously sipping their Matcha Lattes while furiously DMing and snapping  each other  "like Dude WTF is going on with Tik Tok lol?" 

Who is your pick for the new partner of Tik Tok?

Elan "Doge" Musk or Kevin "Mr. Wonderful" O'Leary? Both are rumored to be in the running. 

COURTS ARE CLOSED MONDAY 

Enjoy the long MLK weekend. 

(and just remember that people are saying that the 45th and 47th President of the United States did more for civil rights than Abraham Lincoln and MLK combined). *

*This is the kind of bullshit you can expect to hear for the next four years, so buckle up and get ready. 

MORE SHAME FOR THE DADE SAO

 This email about another case handled shamefully by the Dade County State Attorney's Office (Motto "Wrecking the reputation of the office Janet Reno built every day and, in every way.") 

Congratulations to Michele Borchew, Adam Goodman, Khurrum Wahid, and Alyssa Espinosa.

 

Their clients sat in custody for six years waiting for their day in court, insisting on their innocence. On Tuesday night, after picking the jury in this homicide case, the lawyers received a response to an outstanding Chapter 119 request for communications between the SAO and the lawyer for a cooperating witness. The response included an email between the previous prosecutor and the lawyer for the cooperating witness that was obviously exculpatory and Brady material. In the email, the previous prosecutor explained that she had “met with Michael Von Zamft” and the cooperating witness’s story did not line up with their theory of the case. The previous prosecutor (who is no longer at the SAO) said that if the cooperating witness wanted to provide a second statement, the state would listen – but otherwise the plea would be a long prison sentence. This email was not disclosed to the defense until the Chapter 119 request (and even then, it was disclosed by accident, as it wasn’t directly responsive to the request because it was from a prosecutor who’d left the office).

 

The defense sent the Brady email to the current prosecutor on the case, who did the right thing and dismissed the case yesterday morning.

 

FACDL-Miami has previously expressed to the State Attorney our belief that an independent prosecutor’s office should be conducting the investigation into Michael Von Zamft and we will reiterate that position again. The email discovered in this case continues to show aJ need for change at the State Attorney’s Office – and we will continue to push for that change.

 

The email that was discovered through a Chapter 119 request is also a great reminder that Chapter 119 can be a great tool for the defense bar. Much of the misconduct uncovered in the last year has been through Chapter 119 requests – so if you’re not already using this tool, I’d encourage you to do so.

 

Congratulations again to Michele, Adam, Khurrum, and Alyssa. Their clients saw justice thanks to their incredible work. I’m so proud to be a part of this defense bar.

John Dean was recorded famously telling President Nixon that there was "a cancer growing on the Presidency" in recounting the issues surrounding the Watergate break-in and cover-up. 

Listen to us Ms. Rundle. There is a cancer in your office. It is a culture of win at all costs and the with holding of exculpatory evidence. The more people dig into what MVZ did the more repulsive and anti-ethical acts they find. 

This morning we learned of a prosecutor who is facing severe criticism in the  office from his/her/their  supervisors for turning over exculpatory evidence in a prosecution that will most likely cripple the prosecution. That this prosecutor is fearful for their job, and being attacked by their colleagues and supervisors is shameful. It is even more evidence that there is a cancer in the Miami SAO. It is a culture that has strayed afar from the maximum we well know you heard Janet Reno say many many many times- "go where the facts and evidence take you and do the right thing." 

Your office is broken. You cannot fix it and you have been unwilling and unable to take the myriad of suggestions of people who do respect you that you need an independent panel to review what MVZ did and to dig a new well- because MVZ poisoned your well and the culture of your office. 

A tragedy is brewing Kathy,  and you will not be able to say next time that you have not been warned. 

  

SOMETIMES WRONG NEVER IN DOUBT

 Our sagacity was called into question as assistant public defenders celebrated some sweet victories while violating one of Rumpole's most sacred rules- never try a case during the first two weeks of the year. 

We extend our congratulations to jobs well done. 

From: facdl-miami@googlegroups.com <facdl-miami@googlegroups.com> On Behalf Of James Dubray
Sent: Sunday, January 12, 2025 7:17 PM
To: facdl-miami@googlegroups.com
Subject: FACDL-Miami APD Trial Victories

FACDL-Miami,

 

Rumpole counsels to never try a case in the first week of January, but four Assistant Public Defenders proved him wrong!

 

Please join me in congratulating the following Assistant Public Defenders for kicking off 2025 with trial victories:

 

• APDs Samantha Cook and Daniela Torrealba (who else, lately, right?) heard the magic words 5 times on a case where the top counts were two F1 Aggravated Batteries in front of a covering Judge Javier Enriquez. They saved their client from an unwaivable 10-year minimum mandatory sentence after his one and only arrest in this self-defense case.

 

• APDs Cameron Costello and Vivian Pitchik’s F3 Grand Theft Vehicle case never made it to the jury after Judge Gonzalez-Marques granted the defense’s first Motion for Judgment of Acquittal. This client’s actual innocence was apparent from the moment he was arrested, but the State preceded to trial nonetheless. Not delaying the inevitable, the judge’s granting of the JOA motion stopped the bleeding of our tax dollars, sending the client and jurors home before the defense could begin to present their case.

 

Big stuff to kick off the year!

 

Best,

 

James

 

James R. DuBray

Director of Training and Professionalism

Board Certified Criminal Trial Attorney

Assistant Public Defender

One of our lesser-known mottos comes into play here with the trouncing of the SAO by PDs Costello and Pitchik- 

A day without a JOA is a day without sunshine. 

Well done. 

Well done indeed.  

 

SLOW END TO SECOND WEEK OF 2025

 Not much in the news this Friday. 

The president- elect was formally sentenced as a felon in a Manhattan court Friday morning. HO HUM. Like that doesn’t happen all the time. Sheesh. 

What else is new ? 

Stocks tanked in reaction to a strong jobs report.  The Biden economic plan added a ton of jobs as unemployment approached 4%. We guess Biden did too good a job handling the economy. The strong job numbers coupled with the ten year treasury price rebound sent  the markets spiraling downward.  But the fundamentals underlying the market are strong. We are buyers. In the words of Warren Buffett “Be greedy when people are fearful and fearful when people are greedy.”

Did you watch the Orange Bowl Thursday night ? It was a great game despite us taking a big loss on the under bet. There’s a former chief judge of the SDFL who’s smiling today as his Notre Dame Golden domers head to the national championship game.  

And finally you Gen xers are in deep doo-doo as your beloved Tik Tok is in imminent jeopardy of being shut down. The Supreme Court (Motto: “Political? Us? Whatch ya talkin bout Willis?) heard oral arguments on the constitutionality of the law requiring China to sell Tik Tok or be shut down. The court seemed unpersuaded that there were First Amendment issues.  Or that the speech implications outweighed the national security concerns.  Tik Tok’s counsel embracing the First Amendment protecting Chinese propaganda of Tik Tok videos seemed a bit of a log shot. Why not argue venue? 

What this means is  you judges under 30, along with ASAs and PDs, will have to get your twerking videos, restaurant reviews and influencer recommendations on face wash from IG.  

Oh yeah. Los Angeles is burning to the ground.

So you know what MAGA world says right? 

Drill baby drill. Global warming is fake news. They know this. They’ve seen a dozen Tik Tok videos proving it.  And the flat earth too.  

Have a great weekend.  If you haven’t been to the Iberian Peninsula you are missing a special place. 

WE'RE BACK (SORT OF) 2025

 There's lots of comments that we were not posting comments. 

No. But yes. 

We were not posting comments. But we were not posting comments because we had been muzzled as was speculated by the more conspiratorially inclined readers. The explanation is more nuanced. 

Longtime and careful readers of the blog know that our NUMBER ONE rule is that never ever ever ever let a judge set you for trial for the first two weeks of the new year. Our reasons are well known, and judges are becoming more savvy to our thinking. We see them trying in September and October to set our cases for the first trial week in January. So in August we buy tickets to some place in Europe so when a Judge tries to set us for trial, we explain we have a planned trip. When they inquire whether we have purchased tickets, we are truthfully able to say we have. 

What we did not realize that the internet service would be spotty on the Iberian Peninsula. For that we apologize. But we are now in a very nice Air BNB in Lisbon, and all is well. Go ahead and leave comments. We will post them forthwith. 

Our person of the day is the president elect of Mexico - Claudia Sheinbaum- who wondered why The USA is not called "Mexican American"? 

Good point. They named this land first.  This ought to put a bee in the bonnet of our intellectually addled MAGA readers. 

Who's excited about the Orange Bowl tonight? 

Who even knows there is an Orange Bowl game tonight ? Penn State v. Notre Dame. 

We can think of one Federal Judge who will be there in his ND regalia. 

NEW YEAR BUT SOS

 The Miami Herald (Motto "Please come back David Ovalle") got it wrong once again (SOS) regarding your favourite, award winning blog. 

The Herald did an article on the dysfunctional Miami SAO. Not earth-shaking news.

However they referred to us as a, and we quote " On a Miami-Dade judicial blog frequented by defense attorneys, judges and prosecutors, hundreds of criticisms were lobbed, mostly anonymously."

The article is here. 

Point in fact. We are most certainly NOT a "JUDICIAL BLOG".  In fact, the less we post about the judiciary, the higher our engagement. Judges are just so....boring....so 1995 ish. 

We are a polymath blog that posts about all sorts of subjects including law, sports, philosophy, cosmology, sociology, literature, cinema, politics, mathematics, to name a few subjects as well as the goings on at the Richard E Gerstein Justice Building. 

In the future, we kindly request that the Miami Herald refer to us, if they need to use shorthand, as "the best and most widely read legal blog in Florida". If they want to add to the description, they can add "and one of the top blogs in the County." 

That should about cover it. 

Happy New Year and welcome to 2025. 

If you are a long time and careful reader of the best legal blog in Florida, then you have followed our all-time number one trial rule and have not had any trials set for next week, and to be safe- the following week as well. 

As you know, our rule about this is well founded. Judges and prosecutors spend all of their vacation time in December pondering about the year and ruminating on what they could have done better. And every single one of them decide that the way to make their life easier in the new year is to be especially hard on the first defendant to fall into their web in the new year. "Give a few of em a maximum sentence and the word will go out." That's their theory. Defendants will be scared to go to trial and they will have more times for candy-crush, death-scrolling IG, and mani/pedis-the Sixth Amendment right to trial be dammed. It's a small price to pay, in their view, in exchange for not wasting their valuable time on pesky trials. 

Happy New Year - and drop those speedy demands come the end of January and show them that their fear tactics do not work. 

 “[t]he law is clear that any judicially imposed penalty which needlessly discourages assertion of the Fifth Amendment right not to plead guilty and deters the exercise of the Sixth Amendment right to demand a jury trial is patently unconstitutional.  United States v. Jackson, 390 U.S. 570, 88 S.Ct. 1209, 20 L.Ed.2d 138 (1968).”  City of Daytona Beach v. Del Percio, 476 So.2d 197, 205 (Fla.1985) (quoting Gillman v. State, 373 So.2d 935, 938 (Fla. 2d DCA 1979)).   Therefore, although a guilty plea may justify leniency, see Smith, 490 U.S. at 802, 109 S.Ct. 2201, an “accused may not be subjected to more severe punishment for exercising ․ [the] constitutional right to stand trial.”  Mitchell v. State, 521 So.2d 185, 187 (Fla. 4th DCA 1988).