Rumpole - I agree on the tie issue in the summertime. For those who are old enough, Judge Howie "the mouse" Gross always wore a guayabera shirt with no tie. Judge Jose Rodriguez never wears a tie. Attorney Michael Kaufman runs courtroom to courtroom and never wears a tie. I always came in on a Friday during the summer and would never wear a tie (although I wore a robe and zipped it closed). I would never have faulted a hard working attorney, who was not picking a jury, for coming into my courtroom in a casual manner - so long as they did not treat the everyday proceedings in an informal manner or without respect. My advice, just do it. I would be shocked if any of my colleagues would say anything. If they do, I will come out of retirement to vigorously defend you!
When you see something that is not right, not fair, find a way to get in the way and cause trouble. Congressman John Lewis
JUSTICE BUILDING BLOG
Saturday, July 09, 2011
TALLY HO
Rumpole - I agree on the tie issue in the summertime. For those who are old enough, Judge Howie "the mouse" Gross always wore a guayabera shirt with no tie. Judge Jose Rodriguez never wears a tie. Attorney Michael Kaufman runs courtroom to courtroom and never wears a tie. I always came in on a Friday during the summer and would never wear a tie (although I wore a robe and zipped it closed). I would never have faulted a hard working attorney, who was not picking a jury, for coming into my courtroom in a casual manner - so long as they did not treat the everyday proceedings in an informal manner or without respect. My advice, just do it. I would be shocked if any of my colleagues would say anything. If they do, I will come out of retirement to vigorously defend you!
Thursday, July 07, 2011
WAITIN ON A SUNNY DAY
Rick Scott (@ScottforFlorida) is now following you on Twitter!
jayne weintraub (@jcw1818) is now following you on Twitter! |
Wednesday, July 06, 2011
THE JURY NOTE
VALDEZ.jury Note
Tuesday, July 05, 2011
BACK TO WORK TUESDAY JULY 5, 2011
Monday, July 04, 2011
HAPPY INDEPENDENCE DAY


IN CONGRESS, July 4, 1776.
The unanimous Declaration of the thirteen united States of America,
When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.
We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.--That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, --That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.--Such has been the patient sufferance of these Colonies; and such is now the necessity which constrains them to alter their former Systems of Government. The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States. To prove this, let Facts be submitted to a candid world.
He has refused his Assent to Laws, the most wholesome and necessary for the public good.
He has forbidden his Governors to pass Laws of immediate and pressing importance, unless suspended in their operation till his Assent should be obtained; and when so suspended, he has utterly neglected to attend to them.
He has refused to pass other Laws for the accommodation of large districts of people, unless those people would relinquish the right of Representation in the Legislature, a right inestimable to them and formidable to tyrants only.
He has called together legislative bodies at places unusual, uncomfortable, and distant from the depository of their public Records, for the sole purpose of fatiguing them into compliance with his measures.
He has dissolved Representative Houses repeatedly, for opposing with manly firmness his invasions on the rights of the people.
He has refused for a long time, after such dissolutions, to cause others to be elected; whereby the Legislative powers, incapable of Annihilation, have returned to the People at large for their exercise; the State remaining in the mean time exposed to all the dangers of invasion from without, and convulsions within.
He has endeavoured to prevent the population of these States; for that purpose obstructing the Laws for Naturalization of Foreigners; refusing to pass others to encourage their migrations hither, and raising the conditions of new Appropriations of Lands.
He has obstructed the Administration of Justice, by refusing his Assent to Laws for establishing Judiciary powers.
He has made Judges dependent on his Will alone, for the tenure of their offices, and the amount and payment of their salaries.
He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance.
He has kept among us, in times of peace, Standing Armies without the Consent of our legislatures.
He has affected to render the Military independent of and superior to the Civil power.
He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation:
For Quartering large bodies of armed troops among us:
For protecting them, by a mock Trial, from punishment for any Murders which they should commit on the Inhabitants of these States:
For cutting off our Trade with all parts of the world:
For imposing Taxes on us without our Consent:
For depriving us in many cases, of the benefits of Trial by Jury:
For transporting us beyond Seas to be tried for pretended offences
For abolishing the free System of English Laws in a neighbouring Province, establishing therein an Arbitrary government, and enlarging its Boundaries so as to render it at once an example and fit instrument for introducing the same absolute rule into these Colonies:
For taking away our Charters, abolishing our most valuable Laws, and altering fundamentally the Forms of our Governments:
For suspending our own Legislatures, and declaring themselves invested with power to legislate for us in all cases whatsoever.
He has abdicated Government here, by declaring us out of his Protection and waging War against us.
He has plundered our seas, ravaged our Coasts, burnt our towns, and destroyed the lives of our people.
He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.
He has constrained our fellow Citizens taken Captive on the high Seas to bear Arms against their Country, to become the executioners of their friends and Brethren, or to fall themselves by their Hands.
He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless Indian Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions.
In every stage of these Oppressions We have Petitioned for Redress in the most humble terms: Our repeated Petitions have been answered only by repeated injury. A Prince whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free people.
Nor have We been wanting in attentions to our Brittish brethren. We have warned them from time to time of attempts by their legislature to extend an unwarrantable jurisdiction over us. We have reminded them of the circumstances of our emigration and settlement here. We have appealed to their native justice and magnanimity, and we have conjured them by the ties of our common kindred to disavow these usurpations, which, would inevitably interrupt our connections and correspondence. They too have been deaf to the voice of justice and of consanguinity. We must, therefore, acquiesce in the necessity, which denounces our Separation, and hold them, as we hold the rest of mankind, Enemies in War, in Peace Friends.
We, therefore, the Representatives of the united States of America, in General Congress, Assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the Name, and by Authority of the good People of these Colonies, solemnly publish and declare, That these United Colonies are, and of Right ought to be Free and Independent States; that they are Absolved from all Allegiance to the British Crown, and that all political connection between them and the State of Great Britain, is and ought to be totally dissolved; and that as Free and Independent States, they have full Power to levy War, conclude Peace, contract Alliances, establish Commerce, and to do all other Acts and Things which Independent States may of right do. And for the support of this Declaration, with a firm reliance on the protection of divine Providence, we mutually pledge to each other our Lives, our Fortunes and our sacred Honor.
Sunday, July 03, 2011
THE DR IS IN


Don't carry the world upon your shoulders
For well you know that it's a fool who plays it cool
By making his world a little colder
Friday, July 01, 2011
LONG WEEKEND AHEAD
Judging from the last two posts the lawyers in the REGJB are primarily interested in 1) Good Barbecue and secondarily interested in 2) non-lawyers who practice law and steal their fees.

Wednesday, June 29, 2011
UNLICENSED PRACTICE OF LAW
A study presented at a American Diabetes Association meeting this week shows that drinking diet soda is associated with a wider waist in humans. And a second study shows that aspartame -- an artificial sweetener in diet soda -- actually raises blood sugar in mice prone to diabetes...
Researchers found that the diet soda drinkers had waist circumference increases of 70 percent greater than those who non-diet soda drinkers. And people who drank diet soda the most frequently -- at least two diet sodas a day -- had waist circumference increases that were 500 percent greater than people who didn't drink any diet soda, the study said.
CAN YOU HEAR ME NOW?
Congresswoman Michele Bachman is an idiot. And we are doomed as a country if this simpleton is considered a credible candidate for president.
Monday, June 27, 2011
PIG OUT
UPDATE- From Robert Kuntz and others in the comments section, another entry we missed:
Rumpole, as surprised as I am sure we all are, you are wrong. Tony Roma's is not the only place in town that serves beef ribs.
Shiver's BBQ on South Dixie serves brontosaurus-sized beef ribs that are outstanding.
The place also has collard greens and black-eyed peas, a swell corn casserole, and fired pickles -- all required for a great barbecue joint. The gigantic incongruous mural depicting western pioneers is nifty, too.
The place has been in the same family for something like 60 years and, while Shorty's has much to recommend it, I'd give Shiver's the nod as best in town.
Thought I'd chime in to stand up for a south county institution.
BLAGO VERDICT
The verdict is expected to be announced shortly. We will have it for you soon after it's announced.
Doesn't look good for Blago....
Friday, June 24, 2011
JUST ONE MORE QUESTION....


PD SOS TO DOJ
Thursday, June 23, 2011
BROTHERS IN ARMS
Markus said he plans to appeal.
"This fight is not over," Markus said. "We will keep fighting for him. Mark Myrie is my brother, and I'm going to keep fighting until they tell me to stop."
David won't stop fighting even if "they" do tell them to. What more could a client ever ask for in a lawyer?
In a statement he wrote after the sentencing, Banton -whose given name is Mark Myrie - thanked family, fans and supporters from around the world who flooded the court file with letters of support.
"The days that lie ahead are filled with despair, but I have courage and grace and I'm hopeful, and that is sufficient to carry me through," he said in the statement, which was read by Markus. "The man is not dead. Don't call him a ghost."
Wednesday, June 22, 2011
FLORIDA DEATH PENALTY UNCONSTITUTIONAL?
There are no specific findings of fact made by the jury. Indeed, the reviewing courts never know what aggravating or mitigating factors the jury found. It is conceivable that some of the jurors did not find the existence of an aggravating circumstance, or that each juror found a different aggravating circumstance, or perhaps all jurors found the existence of an aggravating circumstance but some thought that the mitigating circumstances outweighed them. ... After the jury's recommendation, there is a separate sentencing hearing conducted before the judge only. ... The defendant has no way of knowing whether or not the jury found the same aggravating factors as the judge. Indeed, the judge, unaware of the aggravating factor or factors found by the jury, may find an aggravating circumstance that was not found by the jury while failing to find the aggravating circumstance that was found by the jury. ... This cannot be reconciled with Ring.The case is Evans v. McNeil, 08-14402-CIV-JEM. The petitioner was represented by Capital Collateral Regional Counsel.
Monday, June 20, 2011
SCALIA REVEALED
There comes before us, now and then, a case whose proper outcome is so clearly indicated by tradition and common sense, that its decision ought to shape the law, rather than vice versa.
To translate- "every now and then" something just "seems" to be the right result and therefore the Judge's job is to twist the law to reach "the correct" result.
But Rumpole wants to know: "Who or what determines what is the "correct" result?" Activist/sentimental/compassionate judges? Apparently so, as long as the sentiment/compassion yields the result Scalia agrees with.
How do we know that Scalia thinks that sometimes the "right result" must be achieved even when it requires twisting and bending the law by an activist judge? He says so himself!
"One would think that, before allowing the decree of a federal district court to release 46,000 convicted felons, this Court would bend every effort to read the law in such a way as to avoid that outrageous result."
Rumpole says: if you ever doubted that Scalia prays before the altar of the ends justifying the means, just keep re-reading that sentence.
Once again, just so there's no mistake about this- when Scalia's ox is gored he has no problem becoming an activist Judge interpreting a "living Constitution" so long as the twisting and bending and interpreting "avoids" "an outrageous result."
And what is "an outrageous result?" In Scalia's mind it is apparently releasing healthy and muscle bound males into society. When this happens we believe you will find Nino stacking chairs against the doors to his chambers so that the fairer sex are not ravaged by men "with intimidating muscles." Who knew the Justice was so easily scared? We guess he flips quickly through the cable channels that carry professional wrestling and that you will not find him at the Supreme Court gym pushing out another set of "lats" "pecs" or "tri's".
"Most of them will not be prisoners with medical conditions or severe mental illness; and many will undoubtedly be fine physical specimens who have developed intimidating muscles pumping iron in the prison gym."
In Scalia's world, a prison system that stands by while its inmates die of untreated hypertension or that leaves its mentally ill inmates in puddles of feces and urine is a mere inconvenience in light of the fearsome effect of incarceration on an inmate's musculature system. For Scalia its all about not being unlucky enough to be convicted, because your case (or your actual innocence even if facing execution) is something to be twisted and turned by the whims of activist judges seeking to avoid scary results.