ACLU AWARD FOR STEPHEN HARPER

The ACLU will be honoring former Dade PD, current FIU law professor, and all around good guy Stephen Harper Friday evening. Some details of the event are below. If we went to events (we're a notorious recluse) we would definitely go to this one. 

The Greater Miami Chapter of the ACLU of Florida invites you to celebrate Law Day and the vital career of Stephen Harper of the Miami-Dade Public Defender’s Office. Join the defenders of our Bill of Rights at ACLU’s Annual Law Day Reception

Annual Law Day Reception

Friday, May 10th, 6:00 P.M. – 8:00 P.M.

This year in the beautiful Miami Beach Botanical Garden

Our C. Clyde Atkins Civil Liberties Award will honor Stephen Harper, Clinical Professor of Law, FIU College of Law. He recently retired as Miami-Dade Public Defender and now supervises law students and lawyers on properly praparing the penalty phase of death cases throughout Florida.

Full details of the event and the award are here.  There is a phone number and email address, but we're pretty sure you can still buy a ticket at the door. 

STATE AGREES TO MOTION FOR A NEW TRIAL:

David Ovalle and the Herald have all the details here. Apparently in a trial for attempted murder of a police officer the defense originally accepted a juror but the entire jury was not yet chosen and the next day a new panel was brought down. At some later point the defense moved to strike a juror from the first panel and the court (who else but blog favourite Judge Rodriguez-Chomat?) refused and the state (Scruggs and Kulick) sided with the judge. Then after the defendant was convicted and the defense filed a motion for a new trial the state decided to read some case law. It is fairly apodictic that either side may use a strike against a juror until the panel is sworn in.  Having read the case law, the state agreed to a new trial. 

Let's just say this: there is a reason why trial judges should first have been trial lawyers.  We want- we really really want to praise the state for conceding to the motion. And yet... the thought that they opposed the strike at the time...it just bothers us so much, that we can't do it. We tried, but alas we failed. 

TYPICAL FRONT RUNNING CLASSY HEAT FAN

This was the scene Wednesday night, when classy Heat fan Filomena Tobias gave the finger to Joakim Noah. 

Now here is the best part of this story:

Filomena (Phyllis to her close friends) is described by the Herald here thusly: Filomena Tobias, a Porsche-loving Palm Beach socialite once accused of drowning her wealthy husband, is the rabid middle-finger-flipping Miami Heat fan...Her back-story reads like a Jackie Collins novel: Jersey-born secretary, married money, divorced three times, accused by a gay stripper named “Tiger” of kidnapping. She later hired a 300-pound psychic who would claim Tobias had confessed to drugging and drowning her fourth husband, CNBC commentator Seth Tobias.

Read more here: http://www.miamiherald.com/2013/05/09/3389653/palm-beach-heat-fan-who-gave-the.html#storylink=cpy

Who could make this stuff up? Wouldn't a psychic (off all people) know what they're eating would make them fat? And would Jersey take her back? We could trade her and Governor Scott for Governor Christie and a bimbo to be named later. And while we're at it, just what does everyone's favourite "middle finger frowning" Judge Rodriguez-Chomat have to say about the actions of Phyllis? He's handled cases like this before. 

Typical Heat fan. 

You can have them. 

See You In Court. 

Read more here: http://www.miamiherald.com/2013/05/09/3389653/palm-beach-heat-fan-who-gave-the.html#storylink=cpy

SEDE VACANTE

Long time and careful readers of the blog know that nothing fascinates us more than the Conclave of Cardinals and election of a new Pope.  The former Pope having stepped down officially yesterday, the Church entered what is formally known as "Sede Vacante": "vacant seat". In this case the seat vacant is the Holy See. When the Pope resigns or dies, much more than the loss of a Pope occurs. The Church is guided in the Pope's absence by the College Of Cardinals. The Roman Curia  resigns when a Pope leaves office, although Papal diplomats still continue to represent the Vatican overseas, and the Cardinal who manages the Vatican properties and collects the rents  (the Cardinal Camerlengo) does not resign either. The Major Penitentiary- who is the head of the Apostolic Penitentiary- is the another of the three Vatican officials who do not resign during the Sede Vacante.  The MP is the official that has jurisdiction over the absolution of excommunication; the dispensation of sacramental impediments and the issuance and governance of Church Indulgences. The other fascinating thing about the MP is that if he is a member of the College of Cardinal Electors he is only one of three electors allowed to communicate with the outside world so as to allow him to discharge his duties. The other two Cardinal Electors who can communicate with the outside world during a conclave to elect a Pope are the Vicar of Rome and the Vicar of Vatican City. 

The Vatican issues a special postage stamp during these times: sede vacante stamps,  and the Coat of Arms of the Holy See changes: instead of the Papal Tiara over the Keys to the Kingdom of Heaven, there is an "Umbraculum" or a little umbrella over the Keys. 

All in all, it's a fascinating time. 

GOODBYE STEPHEN HARPER:

One of the very best Assistant Public Defenders has left the PDs office for a new career of teaching. They don't come any better than Steve Harper and this community was lucky to have such a talented and dedicated lawyer serving the community for over two decades. Good luck Steve. 

DOM is monitoring the Khan- Pakistani - terror trial deliberations. His blog covered some fascinating jury questions including whether the doctrine of separation of Church and State applied to the arrest of the Imam. Almost thirty years in this business and we still never can figure out exactly what a jury is thinking. 

Cool weekend coming up. Read the blog and stay warm.