RICHARD ESSEN REMEMBERED

There's a lot more going on that we need to get to, from changes in County Court to a mistrial in a capital case, but we start with this wonderful piece sent to us by the Honorable Maynard (Skip) Gross about his friend and colleague the late Richard Essen:

Back in the more serene days of the late 1960's where a few lawyers could even be found in the Halls of the REG wearing white suits during the summer, I was an ASA and together with my Division Chief Ellen Morphonios, Mike Hacker and Dick Essen, was assigned to the division presided over by Judge Carling Steadman(sp?). The SAO and the Judge(a former ASA himself) did not enjoy the best of relations in those times and being a prosecutor in his division could often be both tedious and uniquely challenging. The prevailing atmosphere required a brilliant, eloquently-spoken attorney to step up and present, usually rather quickly, legal arguments to prevent the State's case from being summarily blown out of the water by the Judge. To give you a better picture of the relationship which existed, let me just say that it was the only division I've ever heard about in Miami-Dade County criminal judicial history in which the State would consistently object when the defense would try to waive trial by jury(yes, non-jury trial were quite commonplace in those days of yore.

Dick was one of the finest attorney's I've ever had the pleasure of observing and working with. He was innovative and consistently had to "think outside the box" to avoid what would have become another ignominious loss; he was an invaluable member of Team Morphonios.His voice resonated in that large, historic courtroom on the REG's 4th floor and many times it was only his skills which saved the day. After leaving the SAO Dick handled some significant criminal litigation until he found his calling in the uncharted DUI field. His success there needs no commentary nor embellishment. The talent which came out of that office is reflective of his wealth of knowledge and attention to detail.

His passing is truly a loss to the legal community and he will be missed by those of us who knew and respected him.

"Maynard "Skip" Gross"

3rd DCA ROUNDUP

UPDATE: We are learning that famed DUI lawyer Richard Essen passed away Monday. Mr. Essen was a pioneer in establishing a specialized DUI law firm and his firm produced many superb DUI defense attorneys including Bobby Reiff, Jonathan Blecher, top Broward DUI Lawyer Carlos Canet, and (now) Judge Joe Fernandez and many others.

Our favourite federal blogger has the nuances between surrendering versus being arrested in Federal court here. It's worth reading if you care about such things and the congressional committee notes on the subject.

And since it's Wednesday it's time for our highly acclaimed 3rd DCA roundup which has been on hiatus for a few weeks.

Ever wondered what would happen if after a bad night at the Miccosukee casino you got upset and drove your truck into the casino through the doors?

Our hero Leonard Marrero in Marrero v. State, did just that and got charged with criminal mischief. According to the case, the rule in deciding damages for criminal mischief is measured by the cost of repair or replacement. If the state does not prove a value, then a conviction will stand only for the lowest level of the offense- a second degree misdemeanor. However, the court noted that " It has been said that “a trial court may conclude ‘that certain repairs are so self-evident that the fact-finder could conclude based on life experience that the statutory damage threshold has been met."

Thus, when the state introduced the video of poor Leonard driving his truck into the casino, the court could reasonably conclude the damage was in excess of $1,000.00.

Rumpole notes: Out the door goes the long accepted maxim that the state must prove each and every element of the crime beyond a reasonable doubt. So what else is new?

Judge David Miller joins the hall of shame here.