JUSTICE BUILDING BLOG

WELCOME TO THE OFFICIAL RICHARD E GERSTEIN JUSTICE BUILDING BLOG. THIS BLOG IS DEDICATED TO JUSTICE BUILDING RUMOR, HUMOR, AND A DISCUSSION ABOUT AND BETWEEN THE JUDGES, LAWYERS AND THE DEDICATED SUPPORT STAFF, CLERKS, COURT REPORTERS, AND CORRECTIONAL OFFICERS WHO LABOR IN THE WORLD OF MIAMI'S CRIMINAL JUSTICE. POST YOUR COMMENTS, OR SEND RUMPOLE A PRIVATE EMAIL AT HOWARDROARK21@GMAIL.COM. Winner of the prestigious Cushing Left Anterior Descending Artery Award.

Saturday, July 09, 2011

TALLY HO

TOMORROW: "SIGNS, SIGNS, EVERYWHERE A SIGN..."
UPDATE: A retired Judge writes in on the Ties that bind, below.

The Mail Online, one of the UK rag sheets has picked up the story of the case of the "pictures in the potty"
here.

The Broweird SAO has announced that they will be prosecuting the snap-happy traffic mag since the SAO does not handle measly traffic infractions.

What we didn't know about Derek Jeter getting his 3,000th hit was that he was the first Yankee to reach that milestone.

We'd like to pick a day soon and have a TIE-OUT where all male lawyers in court in the REGJB (who are not in trial or in motions) don't wear a tie. Judges can opt in as well if they want.
Who's in? When?

UPDATE: We received this comment:
Former Judge (*happily enjoying life) has left a new comment on your post:

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!

Alcee's in hot water again as he's being sued for sexual harassment by a staff member of the Helsinki Commission (what do they do?). For those of you who studied for the Bar in a Starbucks, Representative Alcee Hastings was a Federal Judge in our district until he was Impeached!

It feels like it's going to be a long hot summer.
See You Monday.





Thursday, July 07, 2011

WAITIN ON A SUNNY DAY

UPDATE: Who likes a juicy story about two federal judges (Moreno and Zloch) feuding?
Who doesn't?
DOM has all the juicy details here along with the troubling possibility that Federal PD Kathy Williams' nomination to the Federal bench may be collateral damage of Zloch's anger at Moreno. As always Judge Moreno is both a gentleman and the true epitome of a Judge as he tries to navigate these rocky waters while giving a gentle boost to Ms. Williams' nomination.

UPDATE II- The Traffic Magistrate who snaps pictures:
The JAA Blog has links to the PC Affidavit (here) and the Sun Sentinel article here that Browierd Traffic Mag Rhonda "F-Stop" Hollander was taking pictures of men standing at the urinal in the men's bathroom. She also is alleged to have bitten the finger of a BSO deputy who was tasked with investigating the "Case of the Pictures in the Potty."

More fun in Browierd as it develops....


"It's raining. But there ain't a cloud in the sky..."
Bruce Springsteen, "Waitin On a SunnyDay"


Ahem...

Rick Scott (@ScottforFlorida) is now following you on Twitter!


jayne weintraub (@jcw1818) is now following you on Twitter!

You know you're big time when your email in box has those messages in it.

Apologizes to DOM for stepping on his federal toes and posting the jury note in Bill Matthewman's case. That is clearly DOM's milieu.


Wednesday, July 06, 2011

THE JURY NOTE

Last week Bill Matthewman obtained a remarkable acquittal for his client in federal court. We wrote about it a few posts ago here.

Here is the aforementioned jury note that was written by the jury who requested that it be read after the verdict.



VALDEZ.jury Note



DSK COMPLAINING WITNESS SHOCKER!
As incredible as it seems, the NY Post is reporting that the hotel maid who claimed she was attacked by the former head of the IMF performed acts of prostitution while ensconced in a hotel by the Manhattan DA's office for weeks after the attack.

There is also word today that the woman has filed a libel lawsuit against the Post.

Miami used to get the good cases.

See You In Court.


Tuesday, July 05, 2011

BACK TO WORK TUESDAY JULY 5, 2011

How was your holiday weekend? Did the rain get you down? We managed to get some rest and eat a Chicago style dog or two, and now we're raring to go.

Karma is a funny thing sometimes, and other times it is tragic. Here is a sad story of a motorcyclist who died when he hit is head in an accident in a ride protesting- you guessed it- New York State;s law requiring motorcyclists to wear helmets.

What's not funny sometimes is crime. This shocking incident shook us to our core. We have immediately reached out to the poor victim to offer her comfort and whatever help she may need. Sometimes a person just has to stop being a spectator and jump in and help. This case pushed us over the edge.

That big hullabaloo trial in Orlando is nearly over. We could care less and don't look here for updates on the verdict. And when we write we could care less what that means is that coverage of this trial is way over blown. A young child is dead and that bothers us greatly. These morons who are getting paid to feast on TV over this tragedy and speculate as if they are some sort of expert make us ill.

Those who can try cases do try cases. Those who can't try cases like to talk about trying cases. They should be ashamed to show their faces in public, after we have all seen them desperately clawing for TV time and publicity over the body of this dead child. And that's the last you will hear us speak about this case and those phony creeps.

Two weird things happened in Broweird over the holiday weekend.
1) Traffic Magistrate Rhonda Hollander was arrested on felony charges for what the JAA Blog calls "a bizarro" incident.

2) Bob Norman has the info on a Broweird ASA (Corey Ackerman) suspended over his prior conduct at RRA (Scott Rothstein's old firm).

Dog bites man (yawn). Judges in NY are leaving the bench to get more money. (Yawn). They don't feel appreciated. Poor things.

Rumpole Rant:
Here we are right in the middle of summer and our chief judges still refuse to recognize that the rest of the civilized southern legal establishment (and also Broward County) puts a summer dress code into effect that allows all lawyers (not just female lawyers) to appear in court for routine matters sans tie.
But not here in Dade County. No, here in Dade County our chief judges still expect male attorneys to dress as if it is the middle of January in Minnesota- (which is still shut down by the way)- with a coat and a tie. And by the way, this rant extends to our Chief Judge for the federal courts in the southern district. He doesn't get a pass.

See you in court.


Monday, July 04, 2011

HAPPY INDEPENDENCE DAY






H A P P Y 4TH O F J U L Y





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









Welcome to Minnesota.
We are currently closed and apologize for any inconvenience.
We hope to re-open shortly doncha know.
Have a good day.



And anytime you feel the pain, hey Jude, refrain
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 cold
er








r-mqc;gck.dr -in post. edit Minn closed+Beatles/sun/mqc

Friday, July 01, 2011

LONG WEEKEND AHEAD

UPDATE: MATTHEWMAN GETS A NOT GUILTY!
It took two trials, two Allen charges and two very long deliberations and one special post verdict jury note, , but Bill Matthewman walked his client out of Judge Dimitrouleas's courtroom Thursday night on a Conspiracy PWID +500 grams.
It takes a very good lawyer to get an NG in federal court. It takes a great lawyer to get one after a hung jury. And that's just what happened Thursday. A great lawyer prevailed. A Rumpolian WELL DONE Mr. Mathhewman. Well done indeed.

Post script: the case is USA v. Fabiola E Valdez. 11-80034-cr-WMD or 11-80034-cr Cohn as Judge Cohn was the original Judge. The DEA claimed Mr. Matthewman's confessed. But they have their precious policy of not recording post arrest statements. The jury sent out this note: We are disappointed by the agents' failure to record the statement, or videotape or photograph the surveillance of the defendant, which therefore caused the agents to fail to submit proof to us of beyond a reasonable doubt.

The original note should be up on Pacer soon. We no nothing about this case, but beyond what must have been stellar cross examination, you want to know where this case was won? It was won in the most important part of the case: Voire Dire! Mr. Matthewman got a jury that understood burden of proof, reasonable doubt and was not afraid to apply the law. What a great lesson on the eve of independence day. It's what we as Americans are all about.

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.

FYI- and in case the yahoos at the Florida Bar are interested (We can do that- we're anonymous!)
Court Options promotes a "Record Sealing Specialist" named Melanie Covey who is 1) not licensed (ok- maybe she has a driver's license) and 2) not regulated by any agency in her record sealing endeavors.

Here's the real rub (continuing with our barbecue theme): a Florida lawyer, no matter how experienced, is precluded from identifying themselves as a specialist in any area of the law. But some individual who may or may not have their GED apparently is allowed to solicit clients and identify herself as a "specialist" in a particular area of the law. Go figure.

The sexual assault case against former head of the IMF- Dominique Strauss- Kahn, is about to fall apart. The Times article is here.


OK: now the important stuff.

The 4th of July approaches. How do you take your hot dog? On the grill, boiled, fried, with kraut, or (our personal favourite) Chicago Style.

For you neophytes, a Chicago Style dog is steamed/boiled, and put on a seeded bun with yellow mustard, sweet raw onions, sweet relish, a tomato slice, a pickle slice, and a small pickle pepper. A dash of celery salt finishes the dog off. In some parts of the country it is entirely acceptable to put some french fries on top of the dog. However. it is absolutely forbidden to put ketchup on a Chicago Dog. Some of the real old time vendors in the Second City do not even carry ketchup in their establishment.

Below is a typical Chicago Style Dog.




Wednesday, June 29, 2011

UNLICENSED PRACTICE OF LAW

UPDATE: DIET SODA WILL KILL YOU. More in our continuing campaign against the slow poisoning of the american public by soda companies.

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.

The article is here.
So- drink diet soda and get fatter. What a deal!


UPL. Unlicensed practice of law. Non-lawyers charging individuals to assist them in filling out legal forms and/or motions.

That's what several attorneys are saying the insidious Court Options is doing in charging clients to attend "workshops" to fill out and file seal and expunge motions.

Check out their website here and let us know what you think.

Court options directly solicits clients with letters that make it very clear they can do what lawyers can do for less. The aim and substance of "the pitch" is to not waste money on attorneys.

Should the Florida Bar (motto: "Dues Please") step in?

Should a group of attorneys get together and sue Court Options.

Or should you all sit around and watch your business being taken away by a bunch of unregulated semi-professionals?

It's your money and your clients that are being taken.



amend/j-MQC;rumpole at sea;gk


CAN YOU HEAR ME NOW?

The Barbecue post was a big hit and we have some new joints to check out while making sure our waistline doesn't expand.

ATT SERVICE DOWN TUESDAY NIGHT: And guess where the problem was at?

From the Herald:
The trouble began about 6 p.m., AT&T spokeswoman Kelly Starling said. As of 8:30 p.m., technicians were working to identify and fix the voice service problem, which was due to “an issue with a switch in Broward County,” Starling said.

Broward. Figures.

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

No bones about it, good barbecue is important.
As we wind down in anticipation of the 4th of July holiday there's no time like the present to put the ribs on the table and decide which joint in South Florida is the best.

We start with the nominations:

Shortys- Dadeland. The original and one of the best. Always serves consistently good ribs with a pink interior and excellent sauces which go well on the french fires.

Uncle Toms on SW 8th Street- not the original because the ownership has changed several times since we stumbled in there in....well, a long time ago.

Georgia Pig- apparently in Broward, so that's strike one.

Little Reds State road 84. In Broward (strike one) reviewer called it "sublime" (strike two) but apparently serves collard greens and that's a big plus.

Tony Romas- only place in town that serves beef ribs.

The other issue that must be addressed is dry rub versus ribs cooked in sauce. Put us down for dry rub barbecue but give us some Shortys sauce because it is just so damn good.

The field is open for nominations and reviews....

First prize- an extra large box of prilosec.

See You at the rib joint smothered in grease and sauce.




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

UPDATE- a real live barbecue debate has broken out in the comments section, and just in time for the 4th of July. This is real important stuff so chime in.

GUILTY- 17 COUNTS. 1 NOT GUILTY, HUNG ON TWO COUNTS....


Jurors have reached a partial verdict on the retrial of former Illinois Governor Rod Blagojevich.

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....


WANNA GET ON THE 3RD DCA?
Be nice to Judge Sayfie. Her husband, Justin Sayfie was just named to the 3rd DCA JNC.
Orlando Sentinel has the info here. Hat tip to those civil guys at South Florida.

Query: Why does an Orlando newspaper have an article on a Ft. Lauderdale Attorney serving on a JNC for Miami and Monore? Just wondering.

Roy Black on Closing Arguments here.

Rumpole says: "Brilliance is the residue of design."
In our humble opinion cases are rarely won or lost in closing argument. Especially on the defense side, the defense needs to give the jury reasons to acquit, be it through affirmative direct evidence or testimony obtained on cross examination. The most brilliant and captivating speaker in the world can't win a case if he or she has nothing to talk about. All too often we see young lawyers ignoring evidence and putting all their hopes in a closing argument basket. What happens is those eloquent attorneys find themselves losing to the mediocre lawyers who had the evidence and facts on their side.

Jurors aren't stupid (spare us your emails) and they can see the forest through the trees. Give us some real good evidence over a pithy line in closing any day of the week. That being said Mr. Black is right on the money when he says that eloquence does not come from sudden inspiration or off the cuff remarks, but is born of hundreds of hours of sweat, work, and tears put into a case. As he rightly endorsed- we open a file entitled "closing argument" the day we are hired, and we don't stop putting in thoughts, ideas, post-it notes until we sit down on behalf of our client for the last time.

See You In Court.

Friday, June 24, 2011

JUST ONE MORE QUESTION....




Peter Falk passed away today at age 83.
RIP Detective Colombo.

REGJB Trivia:
Name the criminal defense attorney who donned a raincoat and gave a portion of his closing argument doing a Detective Colombo impersonation.


FERNANDLE WANTS WHITEY!
Some new information out of the Whitey Bulger arrest, courtesy of the NY Times:

Within hours of his capture, Katherine Fernandez Rundle, the Miami-Dade state attorney, said she was eager to try him on charges of orchestrating a 1982 murder of a gambling executive at Miami International Airport. If convicted, Mr. Bulger could face the death penalty.


Sometimes you're just in the mood for a special something for lunch.


PD SOS TO DOJ

As per the JAA Blog, Broward PD Howard Finklestein has sent a letter to the Department of Justice accusing the Broward SAO and BSO of engaging in obstruction of justice for their failure to investigate several law enforcement officers who apparently obtained controlled substances (steroids) by fraud.

The Broward PD drops a dime to the feds on the Broward SAO and Sheriffs Office.
And you wonder why we call it "Browierd".

The letter is here.

The news article is here.

The JAA Blog coverage is here.

And just because it's Friday here's a video of the Phillie Phanatic going down in the line of duty. Have a great weekend.



Thursday, June 23, 2011

BROTHERS IN ARMS

DOM probably won't blog about his case, so we will.

David scored a significant victory in the sentencing hearing today for Buju Banton, his Grammy-winning reggae singer/ client convicted, after two trials, of drug trafficking in a Tampa federal court. The Sentencing judge dismissed the 924(c) firearms count which carried a consecutive five year minimum mandatory sentence. That just left the 10 year min man on the drug case and that's what the court sentenced Buju to.


From a news account of the sentencing:

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."


See You In Court.

Memo to So Fla Lawyers: lay off the criminal stuff or we'll start blogging about debentured bond lawsuits and subrogation and stuff. Capice?

Wednesday, June 22, 2011

FLORIDA DEATH PENALTY UNCONSTITUTIONAL?

THURSDAY MORNING UPDATE: WHITEY BULGER ARRESTED! The legendary boss of the Boston Mob, on the run for almost 16 years, was arrested in California last night. The NY TImes has the info here.

DOM is in Tampa for Buju's sentencing the Herald reports here.


Yes!
Says Federal Judge Jose' Martinez, because the Florida scheme for death allows a Judge and not a jury to sentence a defendant to death and does not require unanimity by the Jury. (In Florida a jury must be unanimous for conviction on stealing a lollipop, but not for sentencing someone to die. Lollipops require unanimity, death a mere majority.)

Your favourite Federal Blogger broke the decision and story on his blog. This being a quasi-state/quasi-federal issue he did not violate the borders between the blogs and cause another blog war similar to the clone wars (which as you will recall erupted when thousands of star systems seceded from the Galatic Republic and the small planet Naboo was blockaded.)

Here's the Palm Beach Post article on the decision.



Applying Ring, Judge Martinez held that the Florida scheme fell short of due process:
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.

If you open your window right now and listen closely that sound you hear is a dozen or so death penalty lawyers in Miami writing motions to declare the death penalty unconstitutional.

See You In Court.


Monday, June 20, 2011

SCALIA REVEALED

Lost in the uproar of the Supreme Court's decision on prison over crowding in California
(Brown v. Plata) was Judge Scalia's total abandonment of his philosophy of limited, rational, and contextual jurisprudence. In its place was Scalia revealed- a blatant statist who screams loudly when his ox is gored. To wit:

The Scalia that Justice Scalia wants the world to see is a Judge bound by strict interpretation of facts and law. Personal feelings, petty prejudices and biases, or even the "feel-good" jurisprudence of compassion, as averred by Justice Sotomayor in her speeches before her confirmation hearing, fall to Scalia's interpretation of the cold hard facts of the original meaning of the text of the Constitution or the law. The result be damned (innocent people in jail for example) so long as the Judge narrowly and strictly interprets the context of the law.

But then comes along a case that just sends poor Nino over the edge and he abandons it all in his dissent in Brown:

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.


Read what you want into Nino's dissent in Brown, just don't ever argue to us again that he is a man driven by an adherence to a judicial philosophy regardless of the results, because that just ain't so.

The emperor has no clothes and the release of muscle bound inmates so scares Scalia that he is willing to do anything to prevent it, even abandon his veneer of philosophical jurist.

3RD DCA NOMINEES

Update: Scalia to the women of Walmart: Drop dead (and pretty yourself up while you're at it).

Update: Florida Marlins: Our manager is older(80) than your manager. Jack McKeon (guided Marlins to World Series in 2003) is back.
Query: If a person can manage a major league baseball team at age 80, why does Florida require its Judges to retire at age 70? For many people 70 is the new 50. Do we really want to lose valuable experience where it's needed most?


Update: Amnesty International has taken up the cause of Georgia inmate Troy Davis. The petition and website is here.
We admit to not knowing a whole lot about this case. Can anyone fill us in?


The following applicants have been nominated for a seat on the 3rd District Court of Appeals:

Circuit Judge Jennifer D. Bailey.

Circuit Judge Ivan F. Fernandez.

Circuit Judge Jose M. Rodriguez.

Bambi Groff Blum, Esq.

Thomas W. Logue, Esq.

Edwin A. Scales III., Esq.

Good luck.