SNARLS

Fast on the heels of Mondays monumental traffic jams caused by the rain and "you know who",
the commander in chief, Barak Obama will be here Tuesday afternoon, just in time for rush hour. 


One is the loneliest number:
DOM has the close up details of why Onan would have been much better off being represented by the Federal Public Defender's Office of the Southern District and having his case decided by the 11th Circuit instead of a biblical injunction against...certain deeds better off done alone in the privacy of your home, but legally accomplished nonetheless in a waiting room of a VA hospital with an attractive veteran nearby. Confused? Click here. 

Citizens dis-united: 
The U.S. Supreme court is might satisfied with the political landscape the$e day$ with billionaire$ able to drop tens of millions of dollars into campaigns with no oversight and no disclosure.  The court made that abundantly clear in its per curiam (latin for "you didn't just lose, you got creamed") decision in American Tradition v. Bullock in which the court said the holding in Citizens United  applies to Montana (and presumably the other 49 states). The dissent by Breyer is interesting.  with Sotomayor, Kagan, and Ginsburg joining (that's a 5-4 per curium affirmed for those of you keeping score at home). 



As Justice Stevens explained, “technically in­dependent expenditures can be corrupting in much the same way as direct contributions.”...
Moreover, even if I were to accept Citizens United, this Court’s legal conclusion should not bar the Montana Su­preme Court’s finding, made on the record before it, that independent expenditures by corporations did in fact lead to corruption or the appearance of corruption in Montana. Thus, Montana’s experience, like considerable ex­perience elsewhere since the Court’s decision in Citizens United, casts grave doubt on the Court’s supposition that independent expenditures do not corrupt or appear to do so.


So money doesn't corrupt politics. Duh!
  

It's Torture: 
For those of you firmly in the "Scalia is really a friend to the criminal defense bar camp" note that he had no trouble concurring with Justice Thomas's view of the eighth amendment  in his dissent in Miller v. Albama:
As I have previously explained, “the Cruel and Unusual Punish- ments Clause was originally understood as prohibiting torturous methods of punishment—specifically methods akin to those that had been considered cruel and unusual at the time the Bill of Rights was adopted. The clause does not contain a “proportionality principle...  
In short, it does not authorize courts to invalidate any punishment they deem disproportionate to the severity of the crime or to a particular class of offenders. Instead, the clause “leaves the unavoidably moral question of who ‘deserves’ a particular nonprohibited method of punishment to the judgment of the legislatures that authorize the penalty...

Lets us interpret the Thomas dissent for you:

The eighth amendment cruel and unusual prohibition applies to the manner of punishment, not the length. Torture is prohibited. Getting fifty years for stealing a candy bar is not, so long as a bunch of yahoo legislators approve such a law. 

A friend in need, is a friend indeed. 

See You in court.  

DREAM

UPDATE: Supreme Court rules life sentences without parole for juveniles are unconstituional. Miller v. Alabama.

If you're not reading Robert Caro's  The Passage Of Power, you're  missing out on the remarkable story of Lyndon Johnson's humiliating years as Vice President and the even more remarkable way he took control of the county within hours of becoming president. It is a breathtaking story full of pathos and containing more intrigue and twists and turns than any fictional story writer could invent. 


With the Miami Heat generating intense discussion, we turn to a less emotional subject: 
The Dream Act:
Marco came to the United States  with his mother when he was 18 months old.  His father had been killed before he was born. With relatives in the United States promising her a steady job and the chance of a better life for her son, Marco's mother entered the United States illegally. That was seventeen years ago. Today Marco has graduated high school as the valedictorian. His scores on math and science exams established him as one of the brightest prodigies in the United States. Schools like Stanford and MIT are interested. During the past seventeen years Marco's mother has lived a law abiding life, working for a cleaning service and having her payroll taxes deducted. 


What is to become of Marco, an illegal immigrant? 
Should he self deport as Mitt Romney wants?
Should he  be held responsible for the acts his mother did on his behalf when he was an infant?
Should he benefit from his Mother's crime? 
Should the United States extend citizenship because of his intellectual promise? 


The Dream Act (Development, Relief, and Education for Alien Minors) first proposed in 2001 by senators Hatch (R, Utah) and Durbin( D, Illinois) provides a path to permanent residency for certain aliens, who came to this country as minors, lived here continuously and in a law abiding manner, and who then complete two years of military service or two years of college. 


The bill in various forms has been re-introduced every year since 2006. 
On June 15, 2012 President Obama signed an executive order ending the deportation of illegal aliens who meet the conditions for permanent residence under the Dream Act. 
Fair? Foul? A usurpation of legislative power by the chief executive? 
Is this still a country of immigrants or is immigration at unsupportable levels one of the serious drains on our economy? Discuss. 

"WHEN THE GERMANS BOMBED PEARL HARBOR" ....

THE CAPTAIN RETORTS:

..... Quiet. Rumpole's on a roll.


POINT. COUNTERPOINT.


JANE HORACE YOU IGNORANT SLUT. http://www.hulu.com/watch/2306


When I first emailed Rumpole the other day, it was because he had removed my post on the HEAT victory Thursday evening. But, after he told me why he removed it, I challenged him to a Point. Counterpoint. After reading the comments section from the past three days, I think the readers have done a much better job than I ever could have done.

For most of the readers, this one included, we could care less what Ann Rand* would have written about Lebron James and his "decision" to take his talents to South Beach rather than stay in the "marble pits" of Cleveland with Mo Williams, J.J. Hickson, Anthony Parker, Anderson Varejao, and a 37 year old Shaq (his teammate starters in his final year with the Cavs).

It seems that the tenor of this debate has changed somewhat. What I thought this debate was supposed to be about was this:

POINT:"The Heat couldn't win a championship last year. They won't win one this year and they will implode next year, all because they are not a team and cannot handle adversity. Watch."

Counterpoint:
OKC drops four straight.  HEAT wins NBA Championship.


POINT:"As to the Heat- this goes with what I have been saying all along. This is not a team. This is three spoiled stars who are now down to two stars and look what happens- they can't win. Can't make a free throw. Can't make a layup. A good team will beat these spoiled brats any day of the week in a seven game series. "

Counterpoint:
Shane Battier, Mario Chalmers, Mike Miller, Udonis Haslem, Norris Cole, Joel Anthony.


POINT:"The Heat are down 2-1 against the Pacers. Game 4 is in Indiana. Miami Superstar Dwayne Wade was 2-13 and scored 5 points in the Heat's latest shellacking. Let us take a moment to analyze this series....seriously...... HAHAHAHAHAHAHAHAHAHAHAHA! What a bunch of spoiled babies. One player gets hurt and the whole team collapses. HAHAHAHAHAHAHAHAHAHA!"

Counterpoint:
LBJ 40-18-9 and DWADE 41-10-3.


POINT:
"Rumpole predicts: Celtics in six. "

Counterpoint:
HEAT in seven.


POINT:"I have extremely limited knowledge of basketball. My knowledge about strategy stopped sometime around the same time Dean Smith's four corners offense was outlawed with the college shot clock.
Put another way- I have as much knowledge about basketball as I do about case law. But what I do know is people. It's how I win cases. And it's why I am supremely confident that a well coached team will always beat a bunch of whiny prima donnas (the New England cheaters not withstanding.) "

Counterpoint:
Where do I begin.  You were right (see first red highlights).  Scott Brooks: NBA Coach of the Year in 2010; in just four years has taken his team to the NBA Finals, losing last year in the Conference Final to eventual champion Mavs.


POINT:"I am not an expert in Basketball. However, I stick to this proposition- good coaching and team work will beat a team of stars that do not play well together"

Counterpoint:
Right again.  Erik Spoelstra and his nine (James, Wade, Bosh, Battier, Chalmers, Miller, Cole, Haslem, Anthony) beat KD, Westbrook and Harden.  And they beat Garnett, Allen, Pierce and Rondo.


POINT:"For those of you who kept asking us what we say now about the Heat? Here now is our answer:
We think they're a bunch of losers with no heart. What do we think of the Heat? Give us a well coached team manned by players with heart and guts any day over this band of spoiled prima donnas."

Counterpoint:
See below.  We think the HEAT have a lot of heart and guts and they showed it best in their times of adversity.


POINT:"I think the Heat are in trouble. They are not a team. They are two stars, a third almost star and a poor supporting cast. A good team well coached will wipe the floor with them."

POINT:
"I still don't think the Heat has what it takes"

Counterpoints:

In case you have not been reading this Blog over the past fourteen months, all of the quotes above are from the man himself, Rumpole.

I think I'll end this with a quote from one of Rumpole's favourite leaders in British history. And the quote speaks volumes when you consider that most of America wrote the HEAT off at least three times during these playoffs; including most of the sportswriters and sports broadcasters; Skip Bayless, Steven A Smith, John Barry, Tim Legler, Stuart Scott, Chris Mullen, Michael Wilbon, just to name a few.

They wrote the HEAT off when the Pacers were up 2-1 in Round Two. What did the HEAT do: only win the next three games in a row, all without Chris Bosh in the lineup. And in the pivotal Game Four, Lebron James put up 40, 18 and 9.


They wrote the HEAT off again when the Celtics were up 3-2 in Round Three. What did the HEAT do: only win the next two games and take the series 4-3. And in the pivotal Game Six, Lebron James put up 45, 15, and 5.


They wrote the HEAT off again when the Thunder were up 1-0 in Round Four. What did the HEAT do: only win the next four games in a row and take the Championship series 4-1. And in the pivotal Game Two, Lebron James put up 32, 8, and 5.


For the Finals, LBJ averaged 28.6 points, 10.2 rebounds, and 7.4 assists in the five games. His closeout game was a resounding triple-double.


In the words of the late, great Winston Churchill:


"NEVER EVER EVER EVER EVER EVER EVER GIVE UP. NEVER GIVE UP. NEVER GIVE UP. NEVER GIVE UP"
Winston Churchill, October 29, 1941, Harrow School, U.K.

*intentional


And in response to the words of the great, but fortunately for us all, not late, Horace Rumpole, when he said on Tuesday, May 1, 2012, at the beginning of these playoffs: "The Heat couldn't win a championship last year - they won't win one this year". We say:

WE ARE THE

WE ARE THE

WE ARE THE CHAMPIONS .... OF THE WORLD

YOUR MIAMI HEAT

UPDATE: Coming soon: The captain rises to the defense of the Heat. 


No one will ever mistake the 2012 Miami Heat with the 1969 Mets, or the 1972 Dolphins, or the 1980 US Olympic Hockey Team. No, the Heat have all the emotional impact of a black stretch limo pulling up to a G4 at a private airport.

When Michael Jordan spent all those years falling just short in the playoffs, he didn’t demand a trade to play with Magic Johnson. When the Larry Bird led Celtics beat the Lakers, Magic didn’t play out his contract and sign with Boston.


When Ali walked into the ring in Kinshasa, Zaire against George Foreman- the George Forman who had arms the size of most men’s legs and the George Forman who in 1973 knocked Joe Frazier to the canvas five times in less than two rounds; the George Foreman who faced Ali with a record of 38-0, 35 by knockout- Ali didn’t demand that Ken Norton help him in the ring.


In the 1980 Olympics it was a bunch of college kids, mostly from Minnesota or Boston University, that faced the Russians- the greatest hockey players of their generation, and won.


Name the starting lineup of the 72 Dolphins. Their quarterback Bob Griese will never be remembered as the premier quarterback of his era. The 72 Dolphins achieved perfection because their coached molded an entire team. When Griese went down in the fifth game of the season, 38 year old journeyman Earl Morrall, claimed before the season by Coach Shula off of waivers for $100.00, stepped in and guided the team to wins through the rest of the season and the first playoff game.


Americans love an underdog. Namath beating the mighty Colts in 69. The miracle Mets of the same year. Sea Biscuit was an undersized, knobby kneed horse who was raced 35 times as a two year old before being claimed for $2,500.00. The horse went on to win the match of the century against Man of War and then recovering from a seemingly career ending injury, went on to win the Santa Anita Derby after having lost it twice before.


No one will ever look at the 2012 Miami Heat and think of Ali on the ropes doing the unthinkable and unbelievable. No one will remember the Heat the way they think of the 69 Mets or the 1980 US Hockey team. There are no Earl Morralls on this team of high priced superstars. There are no athletes on this team with the heart of Sea Biscuit. No member of the Miami Heat ever looked deep inside of himself and found a way to will his team to victory like Michael Jordan did or Magic Johnson did when he took over center for the Lakers in game six of the championship series. With hall of famer Kareem Abdul-Jabbar on the bench, Magic scored 42 points as the center and beat the Dr. J led 76’ers for the title.


Sure Lebron James is a good player. He has great talent. But he doesn’t have heart. When he couldn’t win in Cleveland he left. Magic never left LA; Larry Bird never left Boston. Mike Eruzione and Jim Craig never let their hockey team give up and Tom Seaver and Cleon Jones and Tommy Agee always believed that their Mets- the joke of the league during the 1960’s- could win it all.


The Heat victory is a victory for corporate America. With limos and luxury suites and seats that costs more than most people make in a month, they are the best team money can buy. The Heat and their fans will never know what it is like to take the field of play being an underdog – being given no chance- being written off by everyone but themselves. Ali reached deep down inside of himself and found the courage and heart of a champion; Lebron James skipped town when he couldn't  win with the Cavaliers.


The Heat are the champions; we give them their due. Go celebrate their victory if you want to. You can have them and all that they stand for.

A SEASON ON THE BRINK

Having battled back from the brink of elimination,  your Miami Heat now stand at the brink of an NBA Championship, their first in the Lebron era that was ushered in with confident assurances that multiple championships were not just likely, but inevitable. 


We shall see. 


DOM has a nice piece on the 11th Circuit's dismissal of Giglio issues in a Florida Death Penalty case
 ( Trepal v. DOC)


As June winds to a close Supreme Court Justices become increasingly edgy to start their summer vacations. Thus the speculation on the imminent decision in the Affordable Health Care case has become rampant. 
Closer to home, defense attorneys are waiting breathlessly for Judge Brown to release his administrative order implanting Florida's Affordable Court Appointed Attorney Act (Motto: "Cheaper is better."). Rumors that the FACDL among others will strike hard and quick at the law and the administrative order are- thankfully- true. 




Wednesday is the first day of summer, so naturally it's raining in South Florida. 


A HIGHER AUTHORITY:
The law suit of all lawsuits has been filed alleging that Hebrew National hot dogs are NOT kosher. As the South Florida Lawyers blogger would say: Oy!. 


Longtime and careful readers remember that we've always been partial to Chicago style dogs. 


See You In Court. 

NOMINATIONS

It's that time of the year again.
We received this email:

 The League of Prosecutors will be honoring a current prosecutor with the Prosecutor of the Year Award at its annual Justice Awards Dinner on Saturday, September 22, 2012 at 7:00 p.m. at Jungle Island.  The League of  Prosecutors is currently accepting nominations for the award.  The award is given to a current prosecutor who has demonstrated dedication to the profession, integrity, professionalism, initiative, responsibility, and has

 a positive attitude.  Only current members of the League of Prosecutors may make a nomination.

 Please submit nominations with a detailed explanation as to why the nominee should be honored with the Prosecutor of the Year Award to Barnaby L. Min at  bmin at miamigov.com  by August 1, 2012.For further information on the League of Prosecutors, the Justice Awards Dinner, or the Prosecutor of the Year Award, please visit our website at league of prosecutors. 

Speaking of prosecutors, the Broward SAO, whose policies are firmly rooted in the 19th century (or early twentieth century Soviet Russia, or twenty first century North Korea) has joined the 21st century by allowing attorneys to enroll in an electronic document service: 

Attorney Information Update Form


Now you can get your five year state prison plea offers for possession for first time offenders (make that black first time offenders) by email. Progress marches on. 


And speaking of Broweird, their State Attorney will be debating the other two candidates for State Attorney. The details are below:



STATE ATTORNEY DEBATE


Will somebody please ask Satz about his policy of prosecuting innocent people? If we had a dollar for how many times we've had a prosecutor in Broward tell us that their supervisor said to let the jury acquit the defendant, we would have more than enough money to buy a few dozen hours of air time for Satz's opponents. 


See You In Court. 

BRINGING THE HEAT

BREAKING: THE ROCKET IS FOUND NOT GUILTY. Roger Clemens  was found not guilty of al charges in his federal trial where he was charged with perjury related to the steroids investigation. A great win for Houston trial lawyer Rusty Hardin, who battled it seemed at times both the government and the judge in the case. The rocket can still bring the heat and the government was sent back to the dugout  after a swing and a miss. 


The CJA lawyers are back from their federal retreat over the weekend. It was said to be a great success.


Rodney King of LA riots fame has passed away at age 47. The NY Times has coverage here. 


The New Democracy party won enough seats in parliament in Greece Sunday to form a coalition government. The party is in favor of a bailout and keeping Greece in the EU. The election should calm jittery markets. For now.


In NYC in 2011 the police conducted over 700.000 stops and more than 350,000 frisks and more than  600,000 of those people were  black or latino. On Sunday Jews, Gentiles and Muslims, black people, white people, hispanics and asians - almost 10,000 in total- marched down Fifth Avenue to protest the loss of the 4th Amendment in the Big Apple.


Your  Miami Heat won game three in their championship series with the Oklahoma Thunder Sunday night to go up 2-1 in the seven game series. Game three is a strategic game. In the history of the NBA Championship series, under the current format the team who wins game three has gone on to win the series 11 of 12 times. That one exception? The chumps who blew the series last year. What team was that again that watched the Mavs celebrate a championship while moping  on their home court? 


It's the start of another hot and muggy week in the magic city and its favourite courthouse. 


See you in court. 

WHAT WE'RE DOING

What we're waiting for: The Supreme Court's decisions in Miller v. Alabama  and Jackson v. Hobbs 


Issue: Whether a sentence of life without parole for someone who was convicted of murder when he was fourteen violates the Constitution’s prohibition on cruel and unusual punishment.

What we're eating: Australian, Wagyu, grass fed beef. 

What we're reading: The Godfather of Poker: The Doyle Brunson Story:  Even if you don't the difference between an inside straight and a full house, the amazing life story of a True American original will keep you fascinated and laughing. Mr. Brunson was at various times: one of the top two or three high school milers in the US; a probable first round pick of the NBA Minnesota Lakers; given three months to live before the age of thirty; robbed ("hijacked" in his parlance) more times than you can shake a stick at; playing and betting golf with over a million dollars a round at stake; and of course perhaps the best poker player in the world. 

What we're hoping for: no rain this weekend and a competitive US Open. 

What we're worried about: The after effects of the Greek vote this Sunday and the European Union. 

What we're going to do about it: hopefully lie by the pool (see "what we're hoping for" above.) 


What we watched Friday night: Nik Wallenda walking across Niagara Falls.  The video is here. 

Enjoy your weekend.  

NOT SO SOCIAL MEDIA

UPDATE: More Mr. Markus. John Pacenti's rant about the prosecutorial misconduct in USA v. Dr. Shaygan. Check it out here. 
The courthouse was all a-twitter about the tweeting of film maker nee juror Billy Corben, who found the courthouse food and wi-fi not up to Hollywood standards 
Note to BC: try the salmon carpaccio with the leek salad and Oregon Chardonnay which 
is served on Thursdays only. Until then....spare us your
 criticism. 
While not social-media savvy, Corben can pick his lawyer when he needs one, and he made the right call by hiring  everyone's favourite federal blogger. The rule to show cause was dismissed today. 
The Herald's coverage is here. 
Mr. Markus was so impressed with Judge Joe Fernandez that he was moved to ("tweet") say this:
"If we were allowed to friend judges on Facebook, Judge Fernandez would be the first one.”


Rumpole notes: we don't "friend" but we do Tweet. 

ONAN

UPDATE: ABA Journal blaws links to our humble blog here.
Tomorrow: Hoolgian Penguins- not even the threat of minimum mandatories slow these artic toughs down.

SDOFB (DOM's Blog) has all the details on the investiture of Judge Adalberto Jordan's investiture as a United States Circuit Court Judge. 


We digress a moment to ponder...what if George Herbert Walker Bush (who turned 88 Tuesday) was elected to a second term? Then the pending nomination of Federico Moreno to the 11th Circuit would most certainly have been acted on and Judge Moreno would have been a Circuit Court Judge in 1992. Would he have been the first Hispanic Judge on the US Supreme Court when Bush 43 took office? 
"Of all the words of song and pen, the saddest are these: it might have been." 


Mr. 8-5 (not "eighty five, but "eight" "five") is now a Miami Dolphin. Whoopee. 
You don't see the Giants or the Steelers or the Ravens signing aging players who are more bark than bite. All those teams do is consistently win, year in, year out. 


We knew no good would come out of the George Zimmerman case. Now there are hearings examining the immunity/stand your ground law. The police and prosecutors are using this opportunity to bemoan the fact that they are now actually losing (sob, gasp) cases because of the law. Interesting to note that the good ol' boy-Republican law and order types are now being pressed into conflict with the good ol'boy- Republican second amendment "you'll have to pry my gun out of my cold dead hands" types. And in many cases they're one in the same!  Politics makes strange bedfellows, especially when you're sleeping with yourself. 


File those immunity motions before the pendulum swings back the other way. 


See you in court. 

1960...AGAIN.

"Treat failure as a teacher, not an undertaker." 
Spain rescues its banks;
Greece fiddles while Athens sinks under a mountain of debt; 
If you do not have plans on how to proceed if or when Greece sinks the European Union, then you only have yourself to blame. 


When will Joel Brown be implementing 1960? It's a fairly apt title for a bill, since it returns Florida to indigent criminal defense circa 1960 in terms of attorney pay and indigent representation. 
Giddeon shmiddeon!


The question has arisen as to whether the blog should print the names of attorneys who sign the limited registry? The issue is that the majority of attorneys opposed to the limited registry believe those attorneys who do sign are undermining the profession, are selling out, are the Bar's equivalent of scabs. 


We are 100% opposed to the limited registry. How can any attorney provided adequate representation in a murder case for $2,000.00?
That being said, being the sole owner and operator of a blog so popular and widely read (not to say admired) brings with it a set of responsibilities we never imagined. Using the blog to attack an attorney's legal/business decision, no matter how wrong in our opinion, does not sit well with us.* What are your thoughts? 


SODA UPDATE:
Sugar-sweetened drinks accounted for at least 20 percent of the increases in weight in the United States between 1977 and 2007, according to one study cited by the institute [of medicine]."


See You In Court. 


*This decision is limited to the special set of facts of this case, and this case only, and does not carry any precedential value whatsoever regarding those who wear black robes while at work. 

WAITIN ON A SUNNY DAY

"It's rainin', but there ain't a cloud in the sky...."
Bruce Springsteen, Waitin on a Sunny Day


President Obama asked his Attorney General to investigate the recent spate of leaks of national security information. From the secret hacking of Iranian computers to the administration's policy on drone strikes (The President makes the final call) there have been a series of articles lately, all of them casting the administration in a good light- which then put the President on the defensive in his presser yesterday to the charge his administration is leaking these items for political purposes. 
AG Holder bypassed the Special Counsel option and appointed US Attorneys for DC and Maryland to run concurrent investigations.  No surprise that "No Drama Obama" didn't want to go the Special Counsel route. Those guys are like hostess twinkies- once you create them they take on a life of their own and never just fade away. 


Prometheus will either be very good or a real snoozer. 


HRH The Duke of Edinburgh (Prince Philip) has left the hospital after a five night stay that caused him to miss the finales of Queen Elizabeth's Diamond Jubilee. 


Chris Pole is your newest Broward County Court Judge (should that read the way it does, or should there be another "county" after the first county because we are referring to a county court judge in Broward County?) 


ALWAYS LIE:
The cardinal rule of being a political consultant is never, never, never tell the truth about your candidate. Always lie. Always spin the negative into a positive and spin a positive into a momentous event.  But Steve Schmidt, John McCain's campaign manager in the 2008 election- and the man directly responsible for the selection of running mate Sara Palin- is ignoring the cardinal rule and telling the truth about his selection of Palin: 

“My regret is I should have been the guy to say, ‘Stop, it’s too risky,’ ” he said, walking slowly up the road to his home. “As opposed to the guy saying: ‘Let’s take the risk. We have to win this.’ ”

How does that make him feel? “Terrible, terrible, terrible,” he said. “I have a level of regret that is hard to put into words. The notion that I would be a participant in a decision that, had events turned out the other way, this person would have been in national command authority? I am sick about it.”

It makes us sick too, and we had nothing to do with the decision. 

Chuckie Cheese:
Query: What's dirtier than a Hialeah cesspool? 
A: The north Florida prosecution of former Florida GOP Chairman Jim Greer. Especially when former Governor Charlie Crist files an affidavit for the prosecution. Greer's lawyer called Chuckie's mouthpiece to see if the Governor turned hack attorney would consider revising his affidavit after further reflection. Chuckie and his gang ran crying to the FDLE.  Now everyone is pointing fingers and printing out emails. 

What's on your mind this weekend? 

NO PASSION FOR PUNISHMENT

The Washington Post has this thoughtful article on US District Judge Ricardo Urbina who announced his retirement after thirty one years on the bench because he had no passion for punishment. The endless conveyor belt of sentencing hearings finally took its toll on the Judge, who meditates every morning to clear his mind and identify whatever lingering prejudices he may have before the day begins. 


Rumpole says: we need more judges who agonize over sentencing hearings, not less. 

LOWER RATINGS:
Just 44 percent of Americans approve of the job the Supreme Court  is doing and three-quarters say the justices’ decisions are sometimes influenced by their personal or political views, according to a poll conducted by The New York Times and CBS News.

FOR WHOM THE BELL TOLLS

Ask not for whom the bell tolls Eric Spoelstra,  Lebron "SoBe" James, et.al., It tolls for thee.


Game Six tonight in Beantown. An elimination game for your hometown Miami Heat. 

Zombie sightings and attacks continue,  (the latest was in Louisiana) as does the JAA Blog's reporting of the work habits of Judge Robert Diaz:

(Caught in the act: Bobby Diaz hiding behind his ever present iPad Tuesday morning, after being busted off the bench yet again. )
The caption is from the JAA Blog here.


See You In Court. 

THE LIMITED REGISTRY & KAUFMAN

Adam Kaufman was acquitted of murdering his wife Tuesday evening after a fantastic job of lawyering by Bill Matthewman and Al Milian. David Ovalle's updated Herald article with juror interviews is here. 
 Florida loses a top criminal defense attorney when Matthewman dons the robes (and thus gains a blog target- sorry Bill, but you know how we feel about Judges...) and becomes a Federal Magistrate. 


It occurred to us moments after the verdict that this case could have ended quite differently. 


Imagine that a single mother of three collapses in her Liberty City apartment and dies in her bathroom. In the living room is her boyfriend, out on probation for domestic violence, who is high when the police arrive. A crack pipe is found on him when the police arrest him. 


The public defender conflicts because they represented  the deceased in the past and RC3 conflicts because they represented the victim in  the defendant's domestic violence probation case in a different matter. Up steps the limited registry attorney who takes the second degree murder case for a hard cap of $2,000.00. 


Does our defendant's case end the way Adam Kaufman's case ended? 


Granted, it takes a lot to look into the eyes of a person in the situation we described and not try to recommend a plea. But assume for a moment that the lawyer is diligent and before trying to plea  the case engages an ex parte medical examiner who finds the scar in the heart and opines that the woman died of a heart ailment and not strangulation. Now what?  Kaufman's wife died in November 2007 and (we are guessing here) he was arrested in 2009 and his case took three years to prepare and six weeks (we think)  to try. Who among us can afford to devote (now we're estimating) 500 plus hours of work for $2,000.00? (Those of you who can please email us immediately reference a small loan). 


The odds are that our defendant takes a plea to second degree murder, having lost faith in a lawyer who clearly has neither the stomach nor the personal resources to devote to the fight necessary to prove his innocence (and make no mistake, Mr. Kaufman had to prove his innocence in this case, which his lawyers admirably recognized and tactically achieved. ) 


Our client's innocence is proven only at great personal expense and sacrifice of the limited registry attorney. Such a sacrifice should not be expected of a professional who's  devoted years of training and practice to recognize the flaws in a case like Kaufman's and has the ability to exploit such flaws. 


The legislature is clearly willing to sacrifice Adam Kaufman's life in the name of balancing the budget. Cops don't make mistakes or lie, do they? Where there's smoke,  there's fire, correct? Isn't anyone acquitted really guilty but for the cheap tricks of some slick defense attorney? Taxpayers shouldn't pay for criminals to get off, should they? 


Medical examiners don't make mistakes do they? Homicide detectives don't screw up investigations by sleeping with crime scene techs, and married crime scene techs don't screw up crime scenes and get protection from their paramours, do they? 


Ask Adam Kaufman, or Bill Matthewman or Al Milian. 


See you in court. 


FYI- another zombie is arrested. The epidemic is spreading despite what the CDC says. 

PROTEST TOO MUCH

BREAKING: NOT GUILTY!!!! CONGRATS TO BILL MATTHEWMAN AND AL MILIAN. 
Of course ace reporter David Ovalle was on top of the verdict. His report is here. 


The United States Center For Disease Control has seen fit to issue this official statement:
“CDC does not know of a virus or condition that would reanimate the dead (or one that would present zombie-like symptoms),” agency spokesman David Daigle told The Huffington Post.
Lets take a quick look at some other governmental denials:
The 37th President of the United States, Richard M. Nixon: "I am not a crook."
The 42nd President of the United States, William J. Clinton: "I did not have sexual relations with that woman."
The 43rd President of the United States, George W. Bush: "Iraq has weapons of mass destruction." (Technically not a denial, but a trillion dollar whopper of a lie.) 
"There was no conspiracy to kill the president." The Warren Commission. 
Elvis Presley is dead.


We will be selling official Anti-Zombie kits through the Blog's partnership with Zombiezom dot com shortly. 


JUDICIAL CANDIDATES FORUM
Speaking of Zombies, don't forget the Judicial Candidates Forum Wednesday night MDCC Wolfson Campus:
Miami Dade Judicial Candidates Forum 2012







DECISION TIME
If all goes as planned, by the time you read this, the jury will be out in the Kaufman-Aventura-was she murdered or did she pass out? jury trial. Stay tuned.  
UPDATE:Captan reports jury went out at 9:55 am.
Super reporter David Ovalle reported here that the deceased's mother (who testified for the defense) got into it with the prosecutor, in front of the jury, during rebuttal argument. Rumpole practice tip: try not to pick a fight with your victim's next of kin in front of the jury. 


A PORSCHE AND A PLEA:
Don't miss DOM's coverage of two hucksters who ripped a client for over a quarter million dollars of cash, cars, jewelry and a condo for a plea and then didn't even bother to help the client on the Rule 35 (or 5K.1) sentence reduction. Shocking.


Please stay in touch with the FACDL leadership and write your own letter to Judge Brown explaining why you will not participate in the Limited Registry. By refusing to lower our standards and compromise our clients, we can defeat this law. 


See You In Court. 

Read more here: http://www.miamiherald.com/2012/06/04/2832770/fear-anxiety-drive-zombie-craze.html#storylink=cpy

JUST SAY NO

Dear Judge Brown:
After reviewing the new law creating a "Limited Court Registry" for court appointments, and reviewing the FACDL's letter on the matter (attached below) , please accept this as notice that we will NOT be applying for the limited court registry. Allow us a moment to explain why:


Criminal defense is a serious business. People are charged with crimes that have life-lasting and life altering  effects. There is the stigma of being charged with a crime. If convicted there is the black mark of a conviction and perhaps incarceration.  In an era of instantaneous electronic information, a person's criminal history stays with them-at least on the Internet- forever.  In an era when the legislature trusts your profession (the judiciary) less and less and thus creates more minimum mandatory prison sentences, the need for a professional who has spent years training in this specialized area of the law could not be more important.


 Senate bill 1960 represents more than an attack on criminal defendants and their attorneys, it represents an unprecedented attack on the criminal justice system. The bill creates an era and aura of disrespect for the Bill Of Rights. The right to a competent attorney; the right to discovery under the Florida Rules of Criminal Procedure; the right to a trial by jury and thus the right to confront and cross examine those who accuse you- all of these rights are dismissed by the creation of the limited registry.


In place of these rights, the limited registry creates a plea factory. The appointed attorney has NO incentive and little option to do more than work a few hours to obtain a plea for their client. The law implies that the police and prosecution are almost always right, and thus most people will not need- and Florida will not provide- a quality defense attorney.  Suffice to say that neither you, nor I, nor the Governor, nor any legislator who supported this law would accept for ourselves or our family a limited registry attorney.


The Limited Registry codifies what is already being openly whispered about- that in Florida, the amount of Justice you can obtain is directly proportional to the amount of Justice you can afford to pay for.
I for one will not participate in such an enterprise. The letter by Jude Faccidomo on behalf of the FACDL expresses their opinion that their members should also not participate in such a dangerous enterprise. Dangerous- because our criminal justice system teeters on the edge of disrespect by society. When the system loses respect, it is easier for police officers to lie, for prosecutors to abandon their responsibilities, for citizens to commit crimes.


There are times in a society when a tipping point is reached. And the road travelled depends directly upon the actions of individuals faced with a choice. The choice of conscientious criminal defense attorneys is in our opinion clear: at their own financial peril they should not join this attack on our bar, our courts, and our rights.


Your Humble Servant,
HR.
Senate Bill 1960

RAIN

Coming  Monday: Rumpole, Joel Brown, The FACDL, and Court appointments. Politics and $$ make strange bedfellows. 


Miami Heat crumble. Update below. 


It's been raining in Miami. Who moved us to Seattle?


If you haven't been reading the JAA blog, you're missing non-stop-relentless reporting on the absences of County Court Judges from their Broweird courtrooms.  Judge Robinson has been out eight days in a row. Judge Diaz had one case on his calendar Thursday  and then the JAA blogger/reporter snapped a cell phone pic of the peripatetic Judge in the elevator on his way to finding a felony trial for his interns to watch.

                             (Judge being stalked by blogger.)


And people think we give robe readers a hard time.


George Zimmerman's bond was revoked for having more money than he said he had. Why can't we have clients like that?


BIG FEDERAL VERDICT
Guilty verdicts for two South Florida Doctors on a big medicare fraud trial before Judge Setiz that lasted two months. Tough loss for veteran defense attorneys Sa, Rabin and Jose Quinon. Hung jury for Federal Court veteran Dennis Urbano and his client. 
Rumpole'e oft cited  Third Rule of Jury Trials: "Avoid Friday verdicts at all costs."  It worked well for John Edwards on Thursday. 


SHHSH....
Lots of "hush-hush" meetings on all sorts of things REGJB related. From getting into the building, to getting paid, we're on top of it all. 


BAN ON SODA
NYC Mayor Michael Bloomberg is promoting a NYC wide ban on sugary soda drinks sold in containers over 16oz. Why? Two reasons. 
1) Sugar is a dangerous substance that is addictive and kills; 2) Bloomberg obviously reads our humble blog. 


Enjoy your first summer weekend. Stay dry. Go Marlins and Celtics.
UPDATE: HEAT GET BASHED IN BEANTOWN
From the ESPN coverage:

The Heat have every reason to believe the referees took note of Boston's vociferous complaints that Miami's superstars were given preferential treatment and made the necessary adjustments. In Game 2, LeBron was not whistled for his first foul until there was 3:23 left in the third quarter. On Friday night? The whistle was blown on the league MVP a mere 32 seconds into the game.

Ah, but we digress.

In the wake of a resounding 101-91 Game 3 Boston victory, there's evidence this series can be competitive going forward, and that has nothing to do with how the games will be called.

It's all about Boston's defense and its ability to contain (within reason) two of the most lethal slashers in the game. It should come as no shock the Celtics' effort was anchored by two people in particular: the redoubtable Kevin Garnett and the mercurial Rajon Rondo , who followed up his magnificent Game 2 for the ages with a satisfying double-double (21 points, 10 rebounds).