CLE IN THE REGJB

It's not "R OC K in the U S A" but still...

CLE ON WEDNESDAY OCTOBER 25, 2023. Starting at 4pm. Topic: SCOTUS (Supreme Court of the United States for you DS Drones) Year in Review. 

Courtroom 4-1 REGIB 

If you cannot make it, we will give you all you need to know: 

SCOTUS 2022 Opinions: Appeals by Defendant: Per Curiam Affirmed; Appeals by the Government: Per Curiam Reversed; with a double secret Affirmed for all death penalty appeals. 

SCOTUS MOTTO: Jus callin balls and strikes and upholding precedents (unless it involves abortion or the exclusionary rule). 

Special Guest Appearance by a recent MAGA/DeSantis Drone speaking on "Why I don't clear all my rulings with the Federalist Society" and "Don't count out appealing those not guilty verdicts" 

FACDL EMAIL:  

Hi everyone,

 

Tomorrow’s CLE, Supreme Court Year in Review 2022-2023, with Judge Milton Hirsch, will be in Courtroom 4-1. We’re starting at 4pm.

 

If you haven’t signed up already, you can register here: Sign up for SCOTUS Year in Review with Judge Hirsch 

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in hours, not days, as in "counsel, failure to respond to this email within the next two hours will result in BOT being withdrawn, and the prosecution seeking jail, not that we ever threaten defendants or punish them for going to trial."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?")

EVERYTHING YOU NEED TO KNOW ABOUT SUSPENDED DLs BUT WERE AFRAID TO ASK

(yawn) 

On Thursday, February 27, 2020,  from Noon to 2PM, Miami-Dade Public Defender Carlos Martinez and FACDL-Miami will co-host a training session entitled Driver License Offenses. It will cover just about everything that can cause a driver license suspension and a driver license crime. 

This training is open to all Assistant Public Defenders, Assistant State Attorneys, Regional Counsel Attorneys, Private Attorneys and Judges.  [but no one else]. 

The training will feature a panel discussion by judges, lawyers, Advocate Program managers, DHSMV supervisors and court clerk staff led by private defense attorney Michael Catalano.  The panel will include Circuit Court Judge Richard Hersch, County Court Judge Jackie Woodward and private defense attorney Victor Vedmed. 

The training will provide an overview of how various Florida Driver License offenses can impact the status of someone’s driver’s license and how to remedy that impact. [Who wrote this sentence? There are crimes against the English language we cannot overlook even if the President orders us to go lightly on the offender.]

The panel will also discuss the specific effects of Driver License suspensions resulting from DWLS and DUI offenses. [Umm...hang on a sec...uhh.. You cannot drive!! Right? Did we guess the correct effect??] 

And they will explain the processes involved in restoring one’s Driver’s License to good standing. [It is very hard to stand a driver's license upright. The sides are very very thin].

The training will be held in COURTROOM 4-1 in the RICHARD E. GERSTEIN JUSTICE BUILDING located at 1351 NW 12^th Street.  [Light refreshments will be available in the lobby during intermission].

Coming next week: The Heartbreak of Disorderly Conduct. 

CLE FOR YOU AND ME

First: A big congrats to Rick Docobo for a big NG Thursday before Judge Verde on a murder case.  The defense rested and then the Defendant decided he wanted to testify. It's an old PD/Jedi Master mind trick. It apparently befuddled ASA Santiago Aroco who handled the case for the State. The Defendant's brother testified against him and Docobo still walked him! Well done. Well done indeed. 

RULE 3.113. MINIMUM STANDARDS FOR ATTORNEYS IN FELONY CASES 

Before an attorney may participate as counsel of record in the circuit court for any adult felony case, including postconviction proceedings before the trial court, the attorney must complete a course, approved by The Florida Bar for continuing legal education credits, of at least 100 minutes and covering the legal and ethical obligations of discovery in a criminal case, including the requirements of rule 3.220, and the principles established in Brady v. Maryland, 373 U.S. 83 (1963) and Giglio v. United States, 405 U.S. 150 (1972). 

This rule was just adopted by the Florida Supreme Court. 

Click here.  Or read below. Your choice. No fee. 

By May 16,  2016 you need 100 minutes of CLE in Giglio, Brady, and the joys, wonders, and secrets of Rule 3.220 of the Florida Rules Of Criminal Procedure. 

Enjoy.