tag:blogger.com,1999:blog-19039943.post69344007109647095..comments2024-03-28T23:00:25.050-04:00Comments on THE BLOG: HERSCH STANDS HIS GROUNDRumpolehttp://www.blogger.com/profile/08380575650255695462noreply@blogger.comBlogger16125tag:blogger.com,1999:blog-19039943.post-48263696406409219872010-06-18T21:15:15.419-04:002010-06-18T21:15:15.419-04:00that opinion is brutal.that opinion is brutal.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19039943.post-12848519245191998532010-06-18T17:33:13.032-04:002010-06-18T17:33:13.032-04:00The most fascinating financial disclosure ever is ...The most fascinating financial disclosure ever is that of Rick Scott, he list net worth at over 218 million, wow! I have just copied and framed his financial disclosure so that everyday I can set some goals.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19039943.post-6605496041252947212010-06-18T17:23:24.046-04:002010-06-18T17:23:24.046-04:00Socialist Democrat filed for Governor.Socialist Democrat filed for Governor.Alex Sink No Free Ridehttp://miamiherald.typepad.com/nakedpolitics/2010/06/exmenudo-promoter-rips-sink-for-opposing-gay-marriage-.htmlnoreply@blogger.comtag:blogger.com,1999:blog-19039943.post-78505691313392187792010-06-18T16:51:07.704-04:002010-06-18T16:51:07.704-04:00Most lawyers really do not understand just how pow...Most lawyers really do not understand just how powerful the word "immunity" really is.<br /><br />Think of diplomatic immunity and you see what I mean.<br /><br />That law really changed things for many agg assaults and batteries.<br /><br />The judges have all struggled to find the right procedure for an immunity case. Should the judge decide? Should it be a special jury instruction? Why have a trial if you are immune?<br /><br />I too really like Trawick. He is a very good judge.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19039943.post-593084213405638262010-06-18T15:43:27.289-04:002010-06-18T15:43:27.289-04:00Hersch rules.Hersch rules.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19039943.post-73370679645880485152010-06-18T14:13:06.008-04:002010-06-18T14:13:06.008-04:00Hey 9:44...
...i'm assuming u r being sarcast...Hey 9:44...<br /><br />...i'm assuming u r being sarcastic.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19039943.post-60313586093801575962010-06-18T13:26:49.799-04:002010-06-18T13:26:49.799-04:00Okay 9:44am is definitely taking a cheap shot at A...Okay 9:44am is definitely taking a cheap shot at Amy Weber.<br /><br />But you all already knew that didn't you?<br /><br />The opinion was bad enough without the Schwartz reference to Anders.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19039943.post-92007514220180998242010-06-18T13:13:58.616-04:002010-06-18T13:13:58.616-04:00Does anyone else think that the ref was paid off i...Does anyone else think that the ref was paid off in the World Cup game to keep the U.S.A. from winning? It sure looked like it to me.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19039943.post-31542937845371439932010-06-18T12:23:11.474-04:002010-06-18T12:23:11.474-04:00Good job Sharpstein. Back on the winning side.Good job Sharpstein. Back on the winning side.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19039943.post-26437958606354921732010-06-18T11:05:45.874-04:002010-06-18T11:05:45.874-04:00When does this comment section deteriorate in to a...When does this comment section deteriorate in to a "but I don't like Hersch" fest?<br /><br />Haters.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19039943.post-85839767319877515152010-06-18T10:50:45.752-04:002010-06-18T10:50:45.752-04:00If we shoot you, who will defend us?
This post wa...If we shoot you, who will defend us?<br /><br />This post was not about Trawick doing a bad job. Nobody we know thinks he is anything but a great judge. This about you doing good lawyering and getting a great result that will help us all.Rumpolehttps://www.blogger.com/profile/08380575650255695462noreply@blogger.comtag:blogger.com,1999:blog-19039943.post-65821409106283297942010-06-18T09:44:14.876-04:002010-06-18T09:44:14.876-04:00How about a well done for Amy Weber for her stella...How about a well done for Amy Weber for her stellar work in Paz Rivero! Be fair Rumpole!<br />http://www.3dca.flcourts.org/Opinions/3D08-2572.pdfAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-19039943.post-37012968159583564152010-06-18T07:30:53.060-04:002010-06-18T07:30:53.060-04:00I write only to point out that while Judge Trawick...I write only to point out that while Judge Trawick backed the wrong horse on the standard and procedure (I think he wanted the Third to weigh in first)on the Stand Your Ground issues, he did reduce the 2nd Degree Murder to Manslaughter on a C4 motion finding no evidence of hatred, spite, malice, etc, and following a pretty long line of cases. Don't see that everyday.<br /><br /><br />He was reversed on that by Wells, Lagoa and Rothenberg who feel pretty strongly that a jury should get to weigh in on that issue (and eschewing a pretty long line of cases). Not sweating, it's a super trial case and still got a bunch of motions to go.<br /><br />Shoot me if I am not allowed to say this, but I don't know anyone who doesn't think that J. Trawick is doing a good job.<br /><br />Thanks for the kind words.Richard Herschnoreply@blogger.comtag:blogger.com,1999:blog-19039943.post-23321129246659099572010-06-18T01:13:59.695-04:002010-06-18T01:13:59.695-04:00The Captain Reports:
Federal Court Judges Speak L...The Captain Reports:<br /><br />Federal Court Judges Speak Loud & Clear; Mandatory Minimums Stink .....<br /><br />(Hey, where's the Southern District Blog on this story?)<br /><br />Mandatory minimum sentences are too high, restitution for crime victims should be available in all cases, and judge-specific data on sentencing should not be reported, according to a survey of more than 600 federal trial judges. <br /><br />From January through March of this year, the U.S. Sentencing Commission for the first time questioned federal judges on their views about sentencing under the advisory guidelines system in effect since 2005. The U.S. Supreme Court struck down the mandatory sentencing guideline system in its 2005 ruling U.S. v. Booker. <br /><br />The survey, released last week, drew responses from 639 of the 942 judges to whom it was sent -- a 67.8 percent response rate. The 639 judges who responded had sentenced 116,183 offenders, or 79 percent of those sentenced during fiscal 2008 and 2009. <br /><br />Sixty-two percent of the judges said the mandatory minimums that they were required to impose were too high, particularly for crack cocaine (76 percent), receipt of child pornography (71 percent) and marijuana (54 percent). However, strong majorities believed the sentencing guideline ranges for most federal offenses were appropriate, with the exception again of those for crack cocaine, marijuana, and the possession and receipt of child pornography, which they said were too high. <br /><br />When asked to choose among sentencing systems without guidelines, with mandatory guidelines, with advisory guidelines or with mandatory guidelines that conform with the Sixth Amendment, 75 percent of the responding judges chose the current system of advisory guidelines.... <br /><br />Among the survey's other findings, 54 percent agreed somewhat or strongly that pre-sentence reports should be required to include information that a crime victim wants included. But 68 percent said victims should not have the opportunity to comment on the pre-sentence report before sentencing. Sixty-six percent agreed somewhat or strongly that courts should have the authority to order restitution for victims in all cases. <br /><br />View the entire article, "Judges Give Thumbs Down to Crack, Pot, Porn Mandatory Minimums" by Marcia Coyle in the National Law Journal at:<br /><br />http://www.law.com/jsp/article.<br />jsp?id=1202462732111&Judges_Give_Thumbs_Down_to_<br />Crack_Pot_Porn_Mandatory_Minimums<br /><br />Cap Out ....CAPTAIN JUSTICEhttps://www.blogger.com/profile/12179932096244679236noreply@blogger.comtag:blogger.com,1999:blog-19039943.post-2652840554730069782010-06-17T23:35:39.531-04:002010-06-17T23:35:39.531-04:00Its a nice win because the case codifies a dispute...Its a nice win because the case codifies a disputed area of the law and gives defendants access to have judges do their job- listen to testimony and adjudicate facts rather than passing the hard work on to juries.Rumpolehttps://www.blogger.com/profile/08380575650255695462noreply@blogger.comtag:blogger.com,1999:blog-19039943.post-30015079475567588592010-06-17T22:33:52.383-04:002010-06-17T22:33:52.383-04:00Rumpole,
Why don't you elaborate and explain ...Rumpole,<br /><br />Why don't you elaborate and explain exactly how this is a "nice win" in any sense except as an interesting basis for a law school exam question?<br /><br />I'm sure your distinguished robed friends will be breaking down the doors to find that murder defendants have "self-defense immunity" and can't be prosecuted further. Especially right around filing deadlines.Anonymousnoreply@blogger.com