David S Markus, the scourge of the limited registry, took his quixotic fight -via FACDL- to the 3rd DCA, challenging Joel Brown's administrative order implementing the limited registry ("reasonable doubt at a reasonable price").
The 3rd said NO, but it might be a pyretic victory for the dark lord, because while the 3rd denied some of what the petitioner sought, they ordered Judge Brown to respond (gasp!), which means that his honor will have to A) do some legal research and write a response (ok, stop laughing) or B) Hire a law firm.
The battle continues. "Never never never never never surrender."
Willis Reed, 70 Knicks, & Winston Churchill, 40 Brits.
Just say NO
FYI: we might be induced to lower our hourly fee. But someone will have to ask nicely.
BTW: 80 followers. Thanks.
Tuesday, August 07, 2012
SHE'S BEEN SLIMED
Yesterday's post (mail for you yanks) brought a singularly slimly and disingenuous piece of political advertising. Besides almost revealing exactly where the State Attorney lives (which is a crime in Florida), complete with photographs of the front and back of the area of her residence, the three-fold, double sided flyer, contained an excerpt from a PBA newspaper in which the State Attorney was labeled "the most corrupt politician in Miami-Dade County".
The flyer then asks why we should trust the State Attorney if the police don't?
Except of course that the PBA does not speak for all police officers in Dade County, and is run by a man who has displayed thuggish tactics against Assistant State Attorneys who were prosecuting police officers; who has had a well publicized feud with the State Attorney; and who may well be behind, or acting in concert with, "Big Vote For Justice", the putative political group responsible for the mendacious flyer.
What we can say for sure is this: Rod Vereen is way too classy to allow himself to be associated with this perfidious piece of political offal.
We can also say politics in Dade County just got dirtier, as if that was even possible.
Missing: The JAA broward blog. Or maybe they're just on vacation, like the rest of the attorneys in south florida, according to the South Florida Lawyers.
This is a remarkable photo, taken by the Mars Reconnaissance Orbiter, showing the descent of the Curiosity Mars Rover, with the parachute deployed. NASA now has a satellite orbiting Mars and a one ton vehicle set to explore the Martian surface. Well done NASA, well done indeed.
Keep cool....see you in court.
The flyer then asks why we should trust the State Attorney if the police don't?
Except of course that the PBA does not speak for all police officers in Dade County, and is run by a man who has displayed thuggish tactics against Assistant State Attorneys who were prosecuting police officers; who has had a well publicized feud with the State Attorney; and who may well be behind, or acting in concert with, "Big Vote For Justice", the putative political group responsible for the mendacious flyer.
What we can say for sure is this: Rod Vereen is way too classy to allow himself to be associated with this perfidious piece of political offal.
We can also say politics in Dade County just got dirtier, as if that was even possible.
Missing: The JAA broward blog. Or maybe they're just on vacation, like the rest of the attorneys in south florida, according to the South Florida Lawyers.
Keep cool....see you in court.
Monday, August 06, 2012
FACDL: BACK TO SCHOOL SUPPLIES DRIVE:
The Facdl's Homeless Outreach Committee is organizing a school supplies drive for homeless children.
From August 13-16 Judge Bloom has graciously donated her chambers on the sixth floor (the high rent district) to receive any school supplies you wish to donate.
What a great cause. Please donate. Crayons, notebooks, pens, pencils, all school supplies needed and welcome. Shout out to FACDL Prez Jude Faccidomo for getting this rolling and for attorney Karen Ruiz for chairing the committee and organizing the collection.
TOO MANY PRISONERS: Give the Federal Government several decades and bureaucrats will come to realize what the rest of us already know. Thus this report from the Justice Department: "The growing federal prison population, now more than 218,000 inmates, and a prison budget of almost $6.2 billion are incompatible with a balanced crime policy and are unsustainable."
And this from the US Sentencing Commission's report "Mandatory minimum sentences are often excessively severe, especially for people convicted of drug-trafficking offenses, who make up more than 75 percent of those given such sentences. Mandatory minimums have contributed in the last 20 years to the near tripling of federal prisoners, with more than half the prisoners now in for drug crimes."
Next up: new federal report:smoking might be bad for you.
Another Gun Massacre: This one in a Sikh temple in Wisconsin on Sunday where a person with a gun killed six people worshipping.
Of course the worshipers were to blame for not being fully armed and prepared for such an attack. Next time they'll know better.
Yup, it was a great day for America when the Supreme Court upheld the expansive view of the second amendment. More guns, more guns, more guns. That's what we need.
We have 79 followers. It would be nice to get to a simple
round number like 80.
Enjoy your week.
The Facdl's Homeless Outreach Committee is organizing a school supplies drive for homeless children.
From August 13-16 Judge Bloom has graciously donated her chambers on the sixth floor (the high rent district) to receive any school supplies you wish to donate.
What a great cause. Please donate. Crayons, notebooks, pens, pencils, all school supplies needed and welcome. Shout out to FACDL Prez Jude Faccidomo for getting this rolling and for attorney Karen Ruiz for chairing the committee and organizing the collection.
TOO MANY PRISONERS: Give the Federal Government several decades and bureaucrats will come to realize what the rest of us already know. Thus this report from the Justice Department: "The growing federal prison population, now more than 218,000 inmates, and a prison budget of almost $6.2 billion are incompatible with a balanced crime policy and are unsustainable."
And this from the US Sentencing Commission's report "Mandatory minimum sentences are often excessively severe, especially for people convicted of drug-trafficking offenses, who make up more than 75 percent of those given such sentences. Mandatory minimums have contributed in the last 20 years to the near tripling of federal prisoners, with more than half the prisoners now in for drug crimes."
Next up: new federal report:smoking might be bad for you.
Another Gun Massacre: This one in a Sikh temple in Wisconsin on Sunday where a person with a gun killed six people worshipping.
Of course the worshipers were to blame for not being fully armed and prepared for such an attack. Next time they'll know better.
Yup, it was a great day for America when the Supreme Court upheld the expansive view of the second amendment. More guns, more guns, more guns. That's what we need.
We have 79 followers. It would be nice to get to a simple
round number like 80.
Enjoy your week.
Sunday, August 05, 2012
Friday, August 03, 2012
DOG DAYS AND BEARS
This gem from Roy Black's blog. The author is anonymous:
“Excellence can be obtained if you care more than others think is wise, risk more than others think is safe, dream more than others think is practical, expect more than others think is possible.”
If you're a trial lawyer, you should be reading his blog every day, so that when he writes: "The search for favorable evidence should never end." you have an idea on how he prepares for trial.
If you're not reading the Bear Lawyer comic strip/blog, you're missing out
Trying to follow the ballots in the breaking Hialeah Absentee ballot scandal is like trying to count popcorn as it pops. There was a big to-do yesterday when the woman found in possession of 31 absentee ballots in Hialeah of all places, zoomed up to the SAO and then was placed in an official looking police vehicle. For us, the real question is whose names were on those ballots? Al Gore?
It's now officially the dog days of summer. August in Miami. Yuck.
Here's the thing about our post the other day about Richard E. Gerstein: you have to look at the man within the context of his times. Yes, today his statements and investigations about things like pornography and homosexuality seem ridiculous at best. But within the context of the 1960's, even during movements promoting great social change like the civil rights movement, you didn't see or hear a peep about rights for homosexuals. It took time for society to evolve and we do not think it's fair to judge Mr. Gerstein today through that lens of time. There were prosecutions for the possession and sale of pornography during Janet Reno's tenure as State Attorney as well. And perhaps one day in the not too distant future, young lawyers will be reading this blog ( we don't age. It's all about high dose vitamin C) and commenting on the ridiculous prosecutions for drug possession and how those policies ruined tens of thousands of peoples lives during the lat 30 years.
When dog bites man...ho hum. When man bites dog, it's breaking news. That's why the news that a Lauderhill police officer was planting drugs on people during traffic stops is not earth shaking, stop the presses news. Here is the Herald report. Yeah, Broward is just paradise.
So lets summarize: voter fraud in Hialeah; bad cops planting drugs in Broward; it's hot here in August.
*Yawn. *
Enjoy your summer weekend.
“Excellence can be obtained if you care more than others think is wise, risk more than others think is safe, dream more than others think is practical, expect more than others think is possible.”
If you're a trial lawyer, you should be reading his blog every day, so that when he writes: "The search for favorable evidence should never end." you have an idea on how he prepares for trial.
If you're not reading the Bear Lawyer comic strip/blog, you're missing out
Trying to follow the ballots in the breaking Hialeah Absentee ballot scandal is like trying to count popcorn as it pops. There was a big to-do yesterday when the woman found in possession of 31 absentee ballots in Hialeah of all places, zoomed up to the SAO and then was placed in an official looking police vehicle. For us, the real question is whose names were on those ballots? Al Gore?
It's now officially the dog days of summer. August in Miami. Yuck.
Here's the thing about our post the other day about Richard E. Gerstein: you have to look at the man within the context of his times. Yes, today his statements and investigations about things like pornography and homosexuality seem ridiculous at best. But within the context of the 1960's, even during movements promoting great social change like the civil rights movement, you didn't see or hear a peep about rights for homosexuals. It took time for society to evolve and we do not think it's fair to judge Mr. Gerstein today through that lens of time. There were prosecutions for the possession and sale of pornography during Janet Reno's tenure as State Attorney as well. And perhaps one day in the not too distant future, young lawyers will be reading this blog ( we don't age. It's all about high dose vitamin C) and commenting on the ridiculous prosecutions for drug possession and how those policies ruined tens of thousands of peoples lives during the lat 30 years.
When dog bites man...ho hum. When man bites dog, it's breaking news. That's why the news that a Lauderhill police officer was planting drugs on people during traffic stops is not earth shaking, stop the presses news. Here is the Herald report. Yeah, Broward is just paradise.
So lets summarize: voter fraud in Hialeah; bad cops planting drugs in Broward; it's hot here in August.
*Yawn. *
Enjoy your summer weekend.
Thursday, August 02, 2012
FROM ACORNS TO OAK TREES
We continue to be in a reflective mood.
When the Justice Building opened, no one wanted to move in.
The reasons: lawyers handling multiple cases downtown could move from court to court and floor to floor to handle their calendar. Most of them had their offices on Flagler and walked to court. Plus there weren't any restaurants within walking distance of the new courthouse and parking was a problem.
The more things change, the more they stay the same.
REG:
He was 6'5, and startlingly bald, and he cast quite a shadow when he strode into a courtroom. He was a WWII war hero with one good eye. He lost the other eye in a bombing mission over Germany, for which he received a purple heart.
He investigated Watergate when no one else would, and obtained the first conviction. He rallied the local police chiefs in the 1960's to crack down on homosexuality after a national magazine labeled Miami as a city friendly to those with that sexual orientation. He prosecuted the owner of Whelan's Drug store in Miami Beach for selling pornography: Henry Miller's Tropic Of Cancer. He cut a wide swarth through the political and legal history of Miami from the 1950's until his death in 1992. He hired Janet Reno and then picked her as his successor as State Attorney. He was tough, smart, controversial.
We are of course talking about Richard E. Gerstein, the man for whom the building we all work in is named.
Here is a Miami Archives Blog post about Gerstein, courtesy of Bill Cooke at Random Pixels. which may well be South Florida's second most popular daily blog.
There are gaggles of newly minted lawyers headed our way in August. It's important to know who planted those acorns that became the oak trees, in whose shade we all rest beneath.
See you in court.
When the Justice Building opened, no one wanted to move in.
The reasons: lawyers handling multiple cases downtown could move from court to court and floor to floor to handle their calendar. Most of them had their offices on Flagler and walked to court. Plus there weren't any restaurants within walking distance of the new courthouse and parking was a problem.
The more things change, the more they stay the same.
REG:
He was 6'5, and startlingly bald, and he cast quite a shadow when he strode into a courtroom. He was a WWII war hero with one good eye. He lost the other eye in a bombing mission over Germany, for which he received a purple heart.
He investigated Watergate when no one else would, and obtained the first conviction. He rallied the local police chiefs in the 1960's to crack down on homosexuality after a national magazine labeled Miami as a city friendly to those with that sexual orientation. He prosecuted the owner of Whelan's Drug store in Miami Beach for selling pornography: Henry Miller's Tropic Of Cancer. He cut a wide swarth through the political and legal history of Miami from the 1950's until his death in 1992. He hired Janet Reno and then picked her as his successor as State Attorney. He was tough, smart, controversial.
We are of course talking about Richard E. Gerstein, the man for whom the building we all work in is named.
Here is a Miami Archives Blog post about Gerstein, courtesy of Bill Cooke at Random Pixels. which may well be South Florida's second most popular daily blog.
There are gaggles of newly minted lawyers headed our way in August. It's important to know who planted those acorns that became the oak trees, in whose shade we all rest beneath.
See you in court.
Tuesday, July 31, 2012
THE BEST
COMING THURSDAY: It was 1962. Kennedy was President. Castro was settling in in Havana and Miami had a brand spanking new courthouse no one wanted to work in.
If you're under 40- go away. Go tweet or Facebook or get a latte at starbucks. This isn't for you.
Today's post is very simple. Who's the best Judge you've ever appeared in front of?
State. Federal. Circuit. County. Have at it.
Our thoughts: Any discussion involving the best at the REGJB usually starts and ends with the late Judge Cowart. A very smart man. Great judicial temperament. A true southern gentleman. Usually responded to most inane objections with "bless your soul", but when he needed to apply his razor sharp legal mind, his reasoning was spot on. Is remembered for telling Ted Bundy when he sentenced him to death that in another circumstance he wished Bundy would have been a lawyer appearing before him "but you chose another path pardner...." A great and memorable line.
But time has passed and these days the discussion should be a bit more lively.
The hardest working Judge? That's easy. Tom Scott, both as a circuit judge in the then Justice Building and then as a district court judge, Scott set the bar very high. Janet Reno said she never saw a judge try more cases in one year than Scott did when he was in the Justice Building. But does he deserve discussion as the best? Perhaps.
We would put the late Rob Pinero in the discussion. Hard working, sensible, fair, he was everything you wanted in a judge. He earned being in this discussion and we'd take him in any case. Period.
In Federal Court we had the great pleasure of trying cases before Jose Gonzalez and Ned David, two of the very best we have ever seen.
County court judges often become circuit judges but some stay their entire career in county court and become damn good judges. Put the late Henry Oppenborn and the current Keieger-Martin in that category.
Judge Fred Moreno has to have a place at the table here. County court judge, circuit judge. district judge, chief judge of the southern district- he's done it all here in South Florida and done a damn good job every step of the way.
These are our thoughts, but what are yours? Make some nominations, explain your reasons, and perhaps we'll have a a few runoffs until we arrive at a winner.
See You In Court.
FYI: sitting north of the border does not, per se, eliminate you from this discussion, but for the purposes of this discussion, being a judge in Broward...well, res ipsa loquitor.
If you're under 40- go away. Go tweet or Facebook or get a latte at starbucks. This isn't for you.
Today's post is very simple. Who's the best Judge you've ever appeared in front of?
State. Federal. Circuit. County. Have at it.
Our thoughts: Any discussion involving the best at the REGJB usually starts and ends with the late Judge Cowart. A very smart man. Great judicial temperament. A true southern gentleman. Usually responded to most inane objections with "bless your soul", but when he needed to apply his razor sharp legal mind, his reasoning was spot on. Is remembered for telling Ted Bundy when he sentenced him to death that in another circumstance he wished Bundy would have been a lawyer appearing before him "but you chose another path pardner...." A great and memorable line.
But time has passed and these days the discussion should be a bit more lively.
The hardest working Judge? That's easy. Tom Scott, both as a circuit judge in the then Justice Building and then as a district court judge, Scott set the bar very high. Janet Reno said she never saw a judge try more cases in one year than Scott did when he was in the Justice Building. But does he deserve discussion as the best? Perhaps.
We would put the late Rob Pinero in the discussion. Hard working, sensible, fair, he was everything you wanted in a judge. He earned being in this discussion and we'd take him in any case. Period.
In Federal Court we had the great pleasure of trying cases before Jose Gonzalez and Ned David, two of the very best we have ever seen.
County court judges often become circuit judges but some stay their entire career in county court and become damn good judges. Put the late Henry Oppenborn and the current Keieger-Martin in that category.
Judge Fred Moreno has to have a place at the table here. County court judge, circuit judge. district judge, chief judge of the southern district- he's done it all here in South Florida and done a damn good job every step of the way.
These are our thoughts, but what are yours? Make some nominations, explain your reasons, and perhaps we'll have a a few runoffs until we arrive at a winner.
See You In Court.
FYI: sitting north of the border does not, per se, eliminate you from this discussion, but for the purposes of this discussion, being a judge in Broward...well, res ipsa loquitor.
Sunday, July 29, 2012
Limited Registry Act II
What were you doing when the great and unexpected Saturday-FACDL Listserv-Limited Registry kerfuffle erupted? Were you watching the olympics, grilling some ribs, or emerging from the shadows of some cheap yet thrilling Saturday afternoon assignation?
For those of you who wear robes (and are thus not allowed to receive Listserv emails) prosecute (ditto) or were just blissfully enjoying a Saturday afternoon, the email from David S. Markus (NOT DOM- David O Markus, the fine federal attorney and proprietor of the Southern District Of Florida Blog) where he “named names” and listed the phone numbers of five defense attorneys who had signed up for the category of the limited registry that enables them to receive murder case appointments for a cap of $2,500.00 in fees burst across the legal landscape of Miami like an unexpected appearance of Halley’s comet, or a judge picking up the check at lunch.
Mr. Markus’ email was lengthy, explaining his position and his conversations with two of the attorneys who signed up and deigned to speak with him. One lawyer basically told him “FU. I can do this and make it work for me” while the other not only gave an impassioned plea on the need for quality defense for the indigent, but ended up agreeing to serve as a co-petitioner on Mr. Markus and the FACDL’s quixotic quest to sink the limited registry.
Know this: Mr. Markus is correct in all respects. With regards to the lawyer who thinks he can make this work for him economically with an economies of scales approach in which, by taking a lot of cases, the volume of work and fees makes up for the few cases he ends up trying for $2,500.00, the lawyer will fail because the committee overseeing the appointments to attorneys on the limited registry is going to impose a small cap on the number of open cases an attorney can have. Thus when the litigation of these cases bog down with intransigent prosecutors (“I know your client probably didn’t do it but the victim wants the max and their feelings and knowledge of the legal system supersedes mine”) and difficult clients (“Man, you just work for the state. That video ain’t me and that DNA ain’t mine”) the financial realities of working for years to earn $2,500 will trump visions of grandeur: “Let’s see. If I take a thousand cases at $2,500 that is...umm...two and half million dollars! So I have to try ten of them. I can still afford that vacation condo in the Keys....”
With regard to the lawyer out to save the world, Mr. Markus’ rejoinder to him was spot on: the way to ensure that indigent clients get good legal representation is not to give into the Legislature but to defeat the limited registry, because if nobody signs up, then the appointments automatically go to the general registry wheel where attorneys are not reduced to hourly fees less than than those who clean the REGJB bathrooms (who also deserve a big raise by the way.)
We struggled with publishing Mr. Markus’ email because he included the names and phone numbers of those misguided lawyers who got down on their bellies and prostrated themselves before the Florida Legislature who has blatantly sought to treat criminal defense attorneys in this state like “dogs needin a whuppin”. We won’t lick their shoes and our colleagues who have ought to be ashamed of themselves. That being said, we were cautious about using the blog as a public vehicle to upbraid our colleagues, however in need of upbraiding they may have been. Events however, have overtaken our caution.
So here is the email which most of you have probably read. Have at it.
lrdsmpdf
Sleepy summer weekend? HA!
Saturday, July 28, 2012
NO REFUNDS NO EXCHANGES
There's something vaguely disconcerting about this. Fox guarding the henhouse type of scenario. But that being said, the other day brought this news from the Statewide president of the FACDL ("pay your dues!!")
JUDGE FAJARDO SWORN IN:
If you missed the wonderful ceremony the other day, here is the recap of Judge Ariana Fajardo being sworn in. Congrats!
Coming Monday: The Best You've Ever Seen.
Only on your favourite, award winning* legal blog.
Enjoy your summer weekend.
*Honorable mention in the 2010 Croatian -US legal blog contest.
Personally, we just give the money back before the arraignment unless we have done a lot of pre-filing work. Rarely happens. Perhaps twice in the last five years.I am happy to announce that this morning the Florida Bar Rules Committee unanimously voted against changing the rule to prohibit non refundable fees! This would not have happened without the incredible dedication and hard work of our ad hoc committee. We made personal contacts with every member of the committee armed with talking points.This is a shining example of how FACDL makes a difference.Special thanks to David Rothman, Scott Fingerhut and Jim Miller for assisting in this cause.Derek Byrd, Esquire
JUDGE FAJARDO SWORN IN:
If you missed the wonderful ceremony the other day, here is the recap of Judge Ariana Fajardo being sworn in. Congrats!
Coming Monday: The Best You've Ever Seen.
Only on your favourite, award winning* legal blog.
Enjoy your summer weekend.
*Honorable mention in the 2010 Croatian -US legal blog contest.
Friday, July 27, 2012
ZLOCKED
South Florida Lawyers reported on how the State Attorney was Zlocked ( (c) Justice Building Blog 2012, all rights reserved) in her recent lawsuit to open up the August 14 "primary".
Trivia question: which current circuit court judge was reported to the bar by then chief judge Tjoflat of the 11th circuit when he was a defense attorney and made fun of the judge's name in a FACDL mailing? Judge Tjoflat is currently the longest serving federal appeals court judge since although he is eligible for senior service, he has not elected it. Judge Tjoflat was appointed to the 5th circuit by President Ford and confirmed in November 1975.
By the time you're reading this, the Bar Exam in Florida is OVER. Congrats to all those who finished, and we sincerely hope you never have to go back to Tampa... unless you want to.
The Olympics have already started and the opening ceremony is tonight.
USA...USA.... actually our loyalties lie with the host country. Rule Britannia and all that.
Meanwhile Mitt Romney's visit to our beloved London has set back US-Great Britain relations worse than the war of 1812. Open mouth...insert foot (albeit covered in silk socks and $1,000.00 shoes)
DOM has a "feisty" (his word, not ours) update.
Shooting tragedy: Carol City Highschool graduate Paul Royal, age 18, days away from starting his college football career, was shot and killed outside his home Tuesday the Herald reports. Royal who wanted to get out of Miami before becoming another statistic becomes just that: one teen every three hours is killed by gunfire in the United States. Hard to figure out how having more guns in circulation would have stopped this tragedy.
Another steamy summer weekend is upon us.
Trivia question: which current circuit court judge was reported to the bar by then chief judge Tjoflat of the 11th circuit when he was a defense attorney and made fun of the judge's name in a FACDL mailing? Judge Tjoflat is currently the longest serving federal appeals court judge since although he is eligible for senior service, he has not elected it. Judge Tjoflat was appointed to the 5th circuit by President Ford and confirmed in November 1975.
By the time you're reading this, the Bar Exam in Florida is OVER. Congrats to all those who finished, and we sincerely hope you never have to go back to Tampa... unless you want to.
The Olympics have already started and the opening ceremony is tonight.
USA...USA.... actually our loyalties lie with the host country. Rule Britannia and all that.
Meanwhile Mitt Romney's visit to our beloved London has set back US-Great Britain relations worse than the war of 1812. Open mouth...insert foot (albeit covered in silk socks and $1,000.00 shoes)
DOM has a "feisty" (his word, not ours) update.
Shooting tragedy: Carol City Highschool graduate Paul Royal, age 18, days away from starting his college football career, was shot and killed outside his home Tuesday the Herald reports. Royal who wanted to get out of Miami before becoming another statistic becomes just that: one teen every three hours is killed by gunfire in the United States. Hard to figure out how having more guns in circulation would have stopped this tragedy.
Another steamy summer weekend is upon us.
Wednesday, July 25, 2012
SUMMER CLEANING
Your Florida Marlins packed it in this year, trading former NL batting champ Hanley Raminrez to the Dodgers and Anibel Sanchez and Omar Infante to the Tigers. We think they pulled the trigger too soon.
Teams can make comebacks.
Speaking of comebacks, this documentary is about supermodels as they age.
Is it us or is the REGJB just empty this summer?
Mike Walsh is in trial in an interesting murder/self defense case before Judge Firtel. This is week two. You can check it out on the the 4th floor.
Gun Control in the United Kingdom: here is how the UK responded to gun massacres. In August of 1987 a gunman killed sixteen people in Hungerford using semiautomatic rifles. The next year the Firearms Act was amended to ban the possession of some semiautomatic weapons and shotguns with a capacity of more than three shells.
In March of 1996 a gunman killed sixteen school children at the Dublane school. In 1997 the Firearms act was amended to ban the possession of all semiautomatic rifles and handguns in the United Kingdom.
In the United States in 2007 a gunman using semiautomatic weapons killed thirty two people at Virginia Tech.
In 2012 in Colorado, a gunman killed twelve people and injured dozens in a shooting in a movie theater.
The response to the last two firearm massacres in the United States has been, with regard to gun laws, do nothing.
Wow. How tragic.
See You In Court.
Teams can make comebacks.
Speaking of comebacks, this documentary is about supermodels as they age.
Is it us or is the REGJB just empty this summer?
Mike Walsh is in trial in an interesting murder/self defense case before Judge Firtel. This is week two. You can check it out on the the 4th floor.
Gun Control in the United Kingdom: here is how the UK responded to gun massacres. In August of 1987 a gunman killed sixteen people in Hungerford using semiautomatic rifles. The next year the Firearms Act was amended to ban the possession of some semiautomatic weapons and shotguns with a capacity of more than three shells.
In March of 1996 a gunman killed sixteen school children at the Dublane school. In 1997 the Firearms act was amended to ban the possession of all semiautomatic rifles and handguns in the United Kingdom.
In the United States in 2007 a gunman using semiautomatic weapons killed thirty two people at Virginia Tech.
In 2012 in Colorado, a gunman killed twelve people and injured dozens in a shooting in a movie theater.
The response to the last two firearm massacres in the United States has been, with regard to gun laws, do nothing.
Wow. How tragic.
See You In Court.
Tuesday, July 24, 2012
LESS IS MORE?
QUICK TUESDAY UPDATE: Both South Florida and DOM cover the Gene Stearns win in the 11th circuit for Bank Atlantic. DOM argues before the 11th Circuit in Miami this week. Perhaps today?
The NCAA slapped Penn State hard yesterday. It will be 2022 before the football program full recovers from the penalties. But to take away all the football victories since 1998 seems ridiculous, since it punishes players who had nothing to do with Paterno's malfeasance. As we all know in Florida, "willful blindness" is not a defense.
LESS IS MORE? Only if you're from another planet or are a Republican.
Scenario: Its August 28th, 2012. A strange looking man is lurking outside the convention center in Tampa. It's 96 degrees and yet the man is wearing a long rain coat. His eyes appear glazed, he hasn't shaved or bathed in several days, and he is muttering to himself while pacing back and forth. A police officer approaches him and pats him down. He finds a .45 caliber Sig Sauer in a holster tucked into the back of the man. In his wallet is a valid CCW permit. As the officer continues his investigation a young man chases his girlfriend with a water pistol, squirting her as they both scream in delight. Which one can be arrested? *
Outside of drugs, Republicans seem firmly committed to the type of math that bankrupts companies and governments. Less is more. Less taxes equals more tax revenue. Less guns equals more gun violence. Less government equals more government success. Only with the war on drugs do they seem to believe that less drugs equals less drug addiction.
Regarding guns, the Republicans seem very committed to the idea that society can only be better, more peaceful, and less violent if everyone was armed. The more guns the better. There are hundreds of millions in guns in the United States and the death rate from homicide by firearm is roughly almost 4 per 100,000 people while in Canada, The United Kingdom, Switzerland, France, Norwa, Greece, Poland, Hong Kong, Chile, South Korea, and Japan the death rate is always less than 1 per 100,000. Source.
The Brady Center writes: U.S. homicide rates were 6.9 times higher than rates in the other high-income countries, despite similar non-lethal crime and violence rates (as reported in other studies). The firearm homicide rate in the U.S. was 19.5 times higher.
The researchers conclude that “Whatever our basic level of violence, the empirical evidence from ecological, case-control, and other studies indicate that readily accessible firearms - by making killing easy, efficient, and somewhat impersonal - increase the lethality of violence”
How many more innocent people-children and adults- need to die before we do something to stop the madness?
* As we reported yesterday, Tampa has passed an ordinance outlawing the possession of squirt guns but cannot pass an ordinance outlawing or restricting the possession of firearms as such a local ordinance about firearms (as opposed to anything else, like squirt guns, donuts, frisbees, etc) is prohibited by Florida Law.
Monday, July 23, 2012
CAN'T BAN THE GUNS DON'T YOU KNOW
Before we begin in earnest, a jolly good show by golfer Ernie Els who won the national championship (British Open to y'all) at Royal Lytham & St. Annes in Lancashire. Mr. Els won his second national championship ten years and one day after he won his first, and he becomes one of only a few golfers to win a major golf championship in three decades. Well done Mr. Els, well done indeed.
RNC CONVENTION IN TAMPA: FIREARMS WELCOME.
Security plans are being implemented in Tampa for the August 27th Republican National Convention. Local ordinances banning the possession of water guns, chains and hatchets have been enacted.
Firearms? Your second amendment rights are safe. Florida law PROHIBITS local ordinances regulating the possession of firearms. Seventy five people get shot up at movie theatre in Colorado, but in Florida your right to possess a firearm is safe and secure, because what we need are more guns in this society, not less. And spare us your far flung fantasies of if everyone in the theater was armed then the tragedy in Colorado wouldn't have occurred. If no one had access to a firearm then there would be no tragedies like this. End of discussion.
BAR WEEK:
Your favourite recent law student graduate is entering the final hours of prep for the Bar exam which is to be given this week in Tampa. As practicing lawyers we can all say "been there, done that" (hopefully once).
"APPOINT A LIMITED REGISTRY ATTORNEY"
Starting today, if you listen closely in court, you just might hear a limited registry attorney ("reasonable doubt for a reasonable price") appointed to an unfortunate soul needing quality criminal defense and instead receiving a "K-Mart"/McDonalds quality attorney.
We have not yet decided on whether to publish the list of those unfortunate and misguided souls who have signed up as unwitting co-conspirators with the Florida Legislature's naked attack on criminal defense attorneys in this state. But we invite any individual to write us a defense of why they chose to participate in this program, and we promise to post their missive on the front of the blog, unedited, and they need not sign their name if they wish to remain anonymous.
Not a great start to a rainy hot and muggy week. Even so, See You In Court.
RNC CONVENTION IN TAMPA: FIREARMS WELCOME.
Security plans are being implemented in Tampa for the August 27th Republican National Convention. Local ordinances banning the possession of water guns, chains and hatchets have been enacted.
Firearms? Your second amendment rights are safe. Florida law PROHIBITS local ordinances regulating the possession of firearms. Seventy five people get shot up at movie theatre in Colorado, but in Florida your right to possess a firearm is safe and secure, because what we need are more guns in this society, not less. And spare us your far flung fantasies of if everyone in the theater was armed then the tragedy in Colorado wouldn't have occurred. If no one had access to a firearm then there would be no tragedies like this. End of discussion.
BAR WEEK:
Your favourite recent law student graduate is entering the final hours of prep for the Bar exam which is to be given this week in Tampa. As practicing lawyers we can all say "been there, done that" (hopefully once).
"APPOINT A LIMITED REGISTRY ATTORNEY"
Starting today, if you listen closely in court, you just might hear a limited registry attorney ("reasonable doubt for a reasonable price") appointed to an unfortunate soul needing quality criminal defense and instead receiving a "K-Mart"/McDonalds quality attorney.
We have not yet decided on whether to publish the list of those unfortunate and misguided souls who have signed up as unwitting co-conspirators with the Florida Legislature's naked attack on criminal defense attorneys in this state. But we invite any individual to write us a defense of why they chose to participate in this program, and we promise to post their missive on the front of the blog, unedited, and they need not sign their name if they wish to remain anonymous.
Not a great start to a rainy hot and muggy week. Even so, See You In Court.
Friday, July 20, 2012
ANOTHER SHOE
"Downtown boys they talk so pretty,
It's so hard to be a saint in the city."
Bruce Springsteen, It's Hard to be a Saint in the City.
When scandals like this happen there is always a natural inclination to believe that there is more to come. Some sources tell us that there are more bailiffs involved and other sources tell us absolutely not. There really is no way to tell. But know this: this was not the only improper/illegal referral of cases occurring in the REGJB. Not even close.
What do you think? Was this the only bailiff doing this?
NEW ID INSTRUCTIONS IN NEW JERSEY
New Jersey has become one of the first states to recognize the problems inherent with eye witness identification. A judge now must tell jurors before deliberations begin that "for example, stress levels, distance or poor lighting can undercut an eyewitness’s ability to make an accurate identification. Factors like the time that has elapsed between the commission of a crime and a witness’s identification of a suspect or the behavior of a police officer during a lineup can also influence a witness" the new instructions warn.
Very Version Final Final Final Sharp-5xxxx-2
There is something unsettling about the bailiff scandal. It's hard to put our finger on it. Something about the client being called by the bailiff for money and more money and then a gift. Something about the lawyer letting the bailiff run the client in terms of quoting and collecting the fee. It just makes all of us look bad. We're not calling for anyone to be disbarred or for the bailiff to go to prison. We're just saying the whole episode is unseemly and it reflects badly on our profession and it cheapens what we do. In the end, that's what the punishment in this case (if there is any) needs to reflect. The effect on our profession, our courts, our reputation.
The more we think about this mess, the worse we feel.
But a nice summer weekend is coming up. Get outside and enjoy it.
It's so hard to be a saint in the city."
Bruce Springsteen, It's Hard to be a Saint in the City.
When scandals like this happen there is always a natural inclination to believe that there is more to come. Some sources tell us that there are more bailiffs involved and other sources tell us absolutely not. There really is no way to tell. But know this: this was not the only improper/illegal referral of cases occurring in the REGJB. Not even close.
What do you think? Was this the only bailiff doing this?
NEW ID INSTRUCTIONS IN NEW JERSEY
New Jersey has become one of the first states to recognize the problems inherent with eye witness identification. A judge now must tell jurors before deliberations begin that "for example, stress levels, distance or poor lighting can undercut an eyewitness’s ability to make an accurate identification. Factors like the time that has elapsed between the commission of a crime and a witness’s identification of a suspect or the behavior of a police officer during a lineup can also influence a witness" the new instructions warn.
And in cases involving cross-racial identifications, judges now instruct jurors that “research has shown that people may have greater difficulty in accurately identifying members of a different race. You should consider whether the fact that the witness and the defendant are not of the same race may have influenced the accuracy of the witness’s identification... Human memory is not foolproof. Research has revealed that human memory is not like a video recording that a witness need only replay to remember what happened. Memory is far more complex.”
A good start. Thanks to David S Markus (not DOM) here is the complete instruction:
New NJ Instruction On eyewitness identification
A Sharp Edge: Interesting case going on in Broward. Read the following document to get the details. Basically the Broward cops use a CI to infiltrate a 12 step program and take down someone who is relapsing by getting them to traffic in drugs. Sad and shocking. New NJ Instruction On eyewitness identification
Very Version Final Final Final Sharp-5xxxx-2
There is something unsettling about the bailiff scandal. It's hard to put our finger on it. Something about the client being called by the bailiff for money and more money and then a gift. Something about the lawyer letting the bailiff run the client in terms of quoting and collecting the fee. It just makes all of us look bad. We're not calling for anyone to be disbarred or for the bailiff to go to prison. We're just saying the whole episode is unseemly and it reflects badly on our profession and it cheapens what we do. In the end, that's what the punishment in this case (if there is any) needs to reflect. The effect on our profession, our courts, our reputation.
The more we think about this mess, the worse we feel.
But a nice summer weekend is coming up. Get outside and enjoy it.
Wednesday, July 18, 2012
REFERRALS
SEE OUR UPDATE BELOW:
Sorry to step on the Captain's toes, but this is breaking......
DADE BAILIFF OLGA DURAND ARRESTED.
Time was when a young ASA or PD, upon leaving their office, needed a few things to set up shop and get into business:
An office ( ✔); an easy to remember phone number ( ✔);
a beeper (and later a cell phone) ( ✔); a receptionist ( ✔);
a bondsman, a bailiff and a few corrections officers to feed you cases ( ✔).
With the advent of the internet we thought things had changed. We were wrong.
Olga Durand, who was last seen in the REGJB as the bailiff for Judge Reemberto Diaz, was arrested Wednesday for taking money from a defendant to assist him with his traffic cases.
Ace Herald reporter David Ovalle broke the story here. The Herald also has 4 surveillance videos, mostly of the individual who was cooperating handing envelopes to the bailiff outside of family court.
Rumpole says: Bailiffs (and bondsmen and corrections officers) steering cases to defense attorneys is the second oldest profession in Dade County (Ok, third behind selling tickets to the cockfights). There are two attorneys named in the arrest warrant as being the recipient of the cases that the bailiff was hustling. We refrain from mentioning their names at this time, because they have not been charged to our knowledge. However, until the Dade SAO gets of their ass and takes down the attorneys kicking back fees to bailiffs, bondsmen and corrections officers, this kind of crap - which takes money away from all the honest lawyers in Dade County (insert your punchline here) - will never go away.
Update: We've carefully read the arrest warrant affidavit and we do not see that the attorneys mentioned committed a crime. That's the best we can say about them. Since when did continually shaking a client down for money become the sole focus of a law practice? Because that is a fair assessment of what occurred here. Sure the lawyer showed up for court. But it does not appear the lawyer met with the client and carefully prepared a defense strategy. We feel pretty comfortable guessing that no detailed motions were filed. That a meeting with the client reviewing the prosecution's discovery never occurred. All that happened was the client was hustled to a lawyer and continually shaken down for more fees as the lawyers coasted on gaming the system and hoping the police would not show up. There is no crime in those facts (assuming the lawyers were not involved in the procurement of the fake certificate of completion of traffic school). But that is an awful way to practice law. In fact it is not practicing law. It is taking money under the color of a law license. It's embarrassing and demeans the rest of the defense bar.
SeeYou In Court.
Arrest Warrant
Sorry to step on the Captain's toes, but this is breaking......
DADE BAILIFF OLGA DURAND ARRESTED.
Time was when a young ASA or PD, upon leaving their office, needed a few things to set up shop and get into business:
An office ( ✔); an easy to remember phone number ( ✔);
a beeper (and later a cell phone) ( ✔); a receptionist ( ✔);
a bondsman, a bailiff and a few corrections officers to feed you cases ( ✔).
With the advent of the internet we thought things had changed. We were wrong.
Olga Durand, who was last seen in the REGJB as the bailiff for Judge Reemberto Diaz, was arrested Wednesday for taking money from a defendant to assist him with his traffic cases.
Ace Herald reporter David Ovalle broke the story here. The Herald also has 4 surveillance videos, mostly of the individual who was cooperating handing envelopes to the bailiff outside of family court.
Rumpole says: Bailiffs (and bondsmen and corrections officers) steering cases to defense attorneys is the second oldest profession in Dade County (Ok, third behind selling tickets to the cockfights). There are two attorneys named in the arrest warrant as being the recipient of the cases that the bailiff was hustling. We refrain from mentioning their names at this time, because they have not been charged to our knowledge. However, until the Dade SAO gets of their ass and takes down the attorneys kicking back fees to bailiffs, bondsmen and corrections officers, this kind of crap - which takes money away from all the honest lawyers in Dade County (insert your punchline here) - will never go away.
Update: We've carefully read the arrest warrant affidavit and we do not see that the attorneys mentioned committed a crime. That's the best we can say about them. Since when did continually shaking a client down for money become the sole focus of a law practice? Because that is a fair assessment of what occurred here. Sure the lawyer showed up for court. But it does not appear the lawyer met with the client and carefully prepared a defense strategy. We feel pretty comfortable guessing that no detailed motions were filed. That a meeting with the client reviewing the prosecution's discovery never occurred. All that happened was the client was hustled to a lawyer and continually shaken down for more fees as the lawyers coasted on gaming the system and hoping the police would not show up. There is no crime in those facts (assuming the lawyers were not involved in the procurement of the fake certificate of completion of traffic school). But that is an awful way to practice law. In fact it is not practicing law. It is taking money under the color of a law license. It's embarrassing and demeans the rest of the defense bar.
SeeYou In Court.
Arrest Warrant
DCBA JUDICIAL POLL - YOUR BEST & WORST
THE CAPTAIN REPORTS:
YOUR ANNUAL BEST AND WORST JUDGES LIST IS OUT, AKA THE DCBA JUDICIAL POLL ......
In this year's version, 13,152 members of the DCBA were asked to send in their ballots rating our Circuit and County Court judges, (those up for election), and the judicial candidates as to whether they were: Exceptionally Qualified (EQ), Qualified (Q), or Unqualified. There were a total of 1,439 ballots returned, although not every judge had that many total votes;(there were many "No Opinion" responses). The first order of criticism usually comes from those that say, "that is too small a number" to represent any true test of the qualifications of the judges. Au contraire my friends. First, pollsters use much smaller samples on a regular basis. And second, remember that there is a large segment of the membership of the DCBA that has never seen the inside of a State courtroom. These votes come from those members that regularly appear in court.
And your winners are:
CIRCUIT COURT
Top rated as Exceptionally Qualified:
Judge Stan Blake - 71%
Judge Beth Bloom - 53%
Judge Joel Brown - 50%
Judge Cindy Lederman - 50%
Lowest Percentage of Unqualified votes:
Judge Blake - 1.32%
Judge Dennis Murphy - 3.56%
Judge Bloom - 4.24%
Judge Darrin Gayles - 4.52%
Highest Percentage of Unqualified votes:
Judge Gisela Cardonne Ely - 32%
Judge Maria Espinosa Dennis - 23%
Judge Maria Korvick - 23%
Judge Valerie Manno Schurr - 22%
We have it from a very good source that the 1.32% (13 votes) that voted Judge Stan Blake as Unqualified come from one of two categories: 1. Disgruntled attorneys in family court who did not get awarded their legal fees, and 2. Disgusted attorneys who have viewed the video below and found out that the person/body part appearing at exactly the one minute mark is a stunt double and is none other than our own Judge Blake:*
For those of you Ipad and Iphone users unable to view the video, here is the link:http://www.youtube.com/watch?feature=player_embedded&v=wyx6JDQCslE&oref=http%3A%2F%2Fs.ytimg.com%2Fyt%2Fswfbin%2Fwatch_as3-vfl3J-I2Q.swf&has_verified=1
COUNTY COURT
Top rated as Exceptionally Qualified:
Judge Steve Leifman - 54%
Judge Andrea Wolfson - 52%
Judge Charlie Johnson - 49%
Judge Sam Slom - 47%
Lowest Percentage of Unqualified votes:
Judge Luise Krieger Martin - 5.10%
Judge Leifman - 5.35%
Judge Slom - 5.41%
Judge Johnson - 5.60%
Judge Shelly Kravitz - 5.67%
Highest Percentage of Unqualified votes:
Judge Ana Maria Pando - 60%
Judge Gladys Perez - 21%
Judge Patricia Marino Pedraza - 20%
Judge Maria Ortiz - 18%
Judge Gloria Gonzalez Meyer - 15%
CANDIDATES FOR JUDGE:
CIRCUIT COURT RACES:
Judge David Miller - 86% voted him EQ or Q
Mauricio Padilla - 51% voted him Unqualified
Robert Coppel - 92% voted him EQ or Q
Maria Verde - 36% voted her Unqualified
Alex Labora - 64% voted him EQ or Q
Maria Santovenia - 71% voted her EQ or Q
Victor DeYurre - 40% voted him Unqualified
Teresa Pooler - 81% voted her EQ or Q
COUNTY COURT RACES:
Frank Hernandez - 48% voted him Unqualified
Judge Marino Pedraza - 81% voted her EQ or Q
Diana Gonzalez - 72% voted her EQ or Q
Judge Pando - 60% voted her Unqualified
Michelle Alvarez Barakat - 29% voted her Unqualified
Judge Lobree - 89% voted her EQ or Q
Arthur Spiegel - 42% voted him Unqualified
Geer Elaine Wallace - 29% voted her Unqualified
Judge Wolfson - 92% voted her EQ or Q
Ivonne Cuesta - 82% voted her EQ or Q
Jacci Seskin - 54% voted her Unqualified
Tanya Brinkley - 76% voted her EQ or Q
Enrique Yabor - 50% voted him Unqualified
John Rodriguez - 41% voted him Unqualified
Judge Lundy Thomas - 86% voted her EQ or Q
Lourdes Cambo - 51% voted her Unqualified
Judge Don Cohn - 91% voted him EQ or Q
The entire Dade County Bar Poll Results can be found here:
http://www.dadecountybar.org/media/PDF%20Web%20Files/pollresults2012.pdf
*Judge Blake was quoted in the DBR, on the results and his high numbers: ""I have a sense of humor that I think helps people feel comfortable, both the lawyers and the litigants," he said. "They see that I don't take myself too seriously."
The election is set for Tuesday, August 14, 2012.
CAPTAIN OUT ...........
Tuesday, July 17, 2012
THE DRUG WAR
Which former US Attorney declared the United States war on drugs "a failure"?
None other than New Jersey Governor Chris Christie.
Cocaine and heroin are now no longer the prime targets. Prescription painkiller drug abuse is now the new top priority.
John Kerry, upon returning from Vietnam and before he entered politics, famously asked how do you ask a man to be the last man to die for a mistake?
Who wants to be the last Judge to sentence someone to a 15 or 25 year drug minimum mandatory?
When Governor Christie called the drug war a failure, he said that the war "imprisoned people who really needed treatment."
A quick aside about minimum mandatory sentences- where do they come from? How did the Florida Legislature decide that 28 grams of cocaine should merit a three year minimum mandatory prison sentence? Why not 30 grams and two years? Were studies done? Was there any rationale behind the 3 or 5 or 7 or 15 year minimum mandatory sentence? Or did we just lock people up for the hell of it, because the numbers sounded nice?
Here's the NY Times article on the drug war.
Donald Sobol, the author of Encyclopedia Brown passed away at age 87. And author Stephen Covey who wrote the 7 Habits of Highly Effectively People also passed away, he at age 79.
The BBC reports that President Assad of Syria may use chemical weapons against his own people. Nice.
None other than New Jersey Governor Chris Christie.
Cocaine and heroin are now no longer the prime targets. Prescription painkiller drug abuse is now the new top priority.
John Kerry, upon returning from Vietnam and before he entered politics, famously asked how do you ask a man to be the last man to die for a mistake?
Who wants to be the last Judge to sentence someone to a 15 or 25 year drug minimum mandatory?
When Governor Christie called the drug war a failure, he said that the war "imprisoned people who really needed treatment."
A quick aside about minimum mandatory sentences- where do they come from? How did the Florida Legislature decide that 28 grams of cocaine should merit a three year minimum mandatory prison sentence? Why not 30 grams and two years? Were studies done? Was there any rationale behind the 3 or 5 or 7 or 15 year minimum mandatory sentence? Or did we just lock people up for the hell of it, because the numbers sounded nice?
Here's the NY Times article on the drug war.
Donald Sobol, the author of Encyclopedia Brown passed away at age 87. And author Stephen Covey who wrote the 7 Habits of Highly Effectively People also passed away, he at age 79.
The BBC reports that President Assad of Syria may use chemical weapons against his own people. Nice.
Monday, July 16, 2012
MORE WIERDNESS
A juror serves on a high profile case and in the jury room votes for acquittal. The jury divides along racial lines and eventually returns a verdict on a lesser offense. The juror, upset at the result, calls the Judge to let him know what occurred.
What does Judge Michael Robinson of Broward do?
A) Disclose the juror's allegations to both parties and hold a hearing?
B) Speak to the juror to find out exactly what occurred?
C) Have a staff member call the juror back and strongly instruct the juror to not speak to anyone and order the juror to meet with the judge alone at 8:30?
If you said C, then you remembered we're dealing with a Broweird judge here.
The JAA Blog has all the details here.
The Juror's affidavit is here (the juror ignored the judge's "request" and obtained counsel.)
Affidavit Bent
Can someone explain to us what it is with Broward?
Is it the water? What causes people up there to behave this way?
The Herald endorses Kathy Fernandez-Rundle here.
After 19 years in the job the Herald says she has earned another term. The State Attorney has consistently held a 55-45% lead in our unscientific and informal poll.
What does Judge Michael Robinson of Broward do?
A) Disclose the juror's allegations to both parties and hold a hearing?
B) Speak to the juror to find out exactly what occurred?
C) Have a staff member call the juror back and strongly instruct the juror to not speak to anyone and order the juror to meet with the judge alone at 8:30?
If you said C, then you remembered we're dealing with a Broweird judge here.
The JAA Blog has all the details here.
The Juror's affidavit is here (the juror ignored the judge's "request" and obtained counsel.)
Affidavit Bent
Can someone explain to us what it is with Broward?
Is it the water? What causes people up there to behave this way?
The Herald endorses Kathy Fernandez-Rundle here.
After 19 years in the job the Herald says she has earned another term. The State Attorney has consistently held a 55-45% lead in our unscientific and informal poll.
Sunday, July 15, 2012
THE CASE AGAINST LAW SCHOOLS
The facts: Only 55% of 43,755 law school graduates had law related jobs 9 months after graduation in 2011.
At the top 20 law schools with the highest job placement rates, 83% of graduates were working as lawyers; at the bottom 20 only 31% were working as lawyers.
The average law school graduate in 2010 had school related debt of $98,500.
The cold hard numbers show that we have too many lawyers for the work available and too many law schools churning out even more unneeded lawyers. These law school graduates are being let loose on a dismal job market, and they are competing in this market with enormous mountains of debt, having been sold a pipe dream that graduation and passing the bar would automatically lead to a secure career. Somebody needs to put a stop to this train which is barreling out of control.
The NY Times article on this mess is here.
On Tuesday July 24 the latest law school graduates will convene in Tampa to take the Florida bar for two days. While youth may be wasted on the young, there is very little to envy about this group of young lawyers who have unprecedented challenges standing in their way to practice the career they trained for. We wish them luck.
DEATH PENALTY FOR PENN STATE FOOTBALL?
In light of the Freeh report released this week, should the NCAA step in and suspend Penn State football for this year and/or beyond?
Is it appropriate for football to be played in "Happy Valley" this September with all that we now know that went on there?
Coming Monday: The surprising response to a juror who says a verdict was racially motivated.
At the top 20 law schools with the highest job placement rates, 83% of graduates were working as lawyers; at the bottom 20 only 31% were working as lawyers.
The average law school graduate in 2010 had school related debt of $98,500.
The cold hard numbers show that we have too many lawyers for the work available and too many law schools churning out even more unneeded lawyers. These law school graduates are being let loose on a dismal job market, and they are competing in this market with enormous mountains of debt, having been sold a pipe dream that graduation and passing the bar would automatically lead to a secure career. Somebody needs to put a stop to this train which is barreling out of control.
The NY Times article on this mess is here.
On Tuesday July 24 the latest law school graduates will convene in Tampa to take the Florida bar for two days. While youth may be wasted on the young, there is very little to envy about this group of young lawyers who have unprecedented challenges standing in their way to practice the career they trained for. We wish them luck.
DEATH PENALTY FOR PENN STATE FOOTBALL?
In light of the Freeh report released this week, should the NCAA step in and suspend Penn State football for this year and/or beyond?
Is it appropriate for football to be played in "Happy Valley" this September with all that we now know that went on there?
Coming Monday: The surprising response to a juror who says a verdict was racially motivated.
Friday, July 13, 2012
SUPREME SMACK DOWN
Take a look at the Wadada Delhall opinion on the Florida Supreme Court website here. It's a big opinion, but starting under this heading "Improper Prosecutorial Comment" on page 59 of the opinion, there are some disturbing issues.
The death penalty was reversed because of the improper comments of the prosecutor. Some highlights include: calling all the mitigation evidence "an excuse" which is improper denigration of mitigation evidence. The Florida Supreme court has since 2000 put prosecutors on notice that they may not call mitigation evidence an excuse. The prosecutor continually- while ignoring the trial court's admonition to not do so- called the defendant "dangerous" Since 1983 the Florida Supreme Court has consistently warned prosecutors that arguments of future dangerousness "are prosecutorial overkill." See, Teffeteller v. State, 439 So.2d 840, 845 (Fla. 1983). Citing the prosecutor's conduct in both the guilt and penalty phase, the court wrote: "We have cautioned in the past that a prosecutor shall not exceed the bounds of proper conduct and professionalism by overzealous advocacy, which is especially egregious in a death case...The prosecutor in this case, by her overzealous and unfair advocacy, appeared to be committed to winning a death recommendation rather than simply seeking justice. On numerous occasions, as discussed earlier, her improper advocacy continued even after an objection was sustained. In one instance, the judge was forced to step in and specifically admonish her to stop it. Yet, she continued in spite of this admonition."
If you watch the video of the oral argument here, (nb. you need a flash player, so a Mac wont work) it is even worse. The justices were exasperated with the prosecutor's conduct detailed in the transcript and they questioned the attorney general if the prosecutor was an experienced prosecutor, and if so, why did the conduct continue after the judge sustained repeated objections?
Why indeed? And does the State Attorney have anything to say about it? This is a death case. If there is one place where such overzealous conduct cannot be permitted, it is in this type of case.
893 IS CONSTITUTIONAL.
Equally upsetting, but for different reasons, is the Florida Supreme Court's decision in State v. Adkins, in which the court upheld the constitutionality of Florida's drug possession statute despite the absence of any requirement that the prosecution prove mens rea.
Justice Pariente's concurrence starts: "Forty-eight states, either by statute or judicial decision, require that knowledge of a controlled substance—mens rea (―guilty mind)—be an element of a criminal narcotics offense ..."
Justice Perry's dissent is even more powerful in its opening:
The death penalty was reversed because of the improper comments of the prosecutor. Some highlights include: calling all the mitigation evidence "an excuse" which is improper denigration of mitigation evidence. The Florida Supreme court has since 2000 put prosecutors on notice that they may not call mitigation evidence an excuse. The prosecutor continually- while ignoring the trial court's admonition to not do so- called the defendant "dangerous" Since 1983 the Florida Supreme Court has consistently warned prosecutors that arguments of future dangerousness "are prosecutorial overkill." See, Teffeteller v. State, 439 So.2d 840, 845 (Fla. 1983). Citing the prosecutor's conduct in both the guilt and penalty phase, the court wrote: "We have cautioned in the past that a prosecutor shall not exceed the bounds of proper conduct and professionalism by overzealous advocacy, which is especially egregious in a death case...The prosecutor in this case, by her overzealous and unfair advocacy, appeared to be committed to winning a death recommendation rather than simply seeking justice. On numerous occasions, as discussed earlier, her improper advocacy continued even after an objection was sustained. In one instance, the judge was forced to step in and specifically admonish her to stop it. Yet, she continued in spite of this admonition."
If you watch the video of the oral argument here, (nb. you need a flash player, so a Mac wont work) it is even worse. The justices were exasperated with the prosecutor's conduct detailed in the transcript and they questioned the attorney general if the prosecutor was an experienced prosecutor, and if so, why did the conduct continue after the judge sustained repeated objections?
Why indeed? And does the State Attorney have anything to say about it? This is a death case. If there is one place where such overzealous conduct cannot be permitted, it is in this type of case.
893 IS CONSTITUTIONAL.
Equally upsetting, but for different reasons, is the Florida Supreme Court's decision in State v. Adkins, in which the court upheld the constitutionality of Florida's drug possession statute despite the absence of any requirement that the prosecution prove mens rea.
Justice Pariente's concurrence starts: "Forty-eight states, either by statute or judicial decision, require that knowledge of a controlled substance—mens rea (―guilty mind)—be an element of a criminal narcotics offense ..."
Justice Perry's dissent is even more powerful in its opening:
"I cannot overstate my opposition to the majority‘s opinion. In my view, it shatters bedrock constitutional principles and builds on a
foundation of flawed common sense."
And in its closing: "The majority opinion sets alarming precedent, both in the context of section 893.13 and beyond. It makes neither legal nor common sense to me, offends all notions of due process, and threatens core principles of the presumption of innocence and burden of proof. I would find section 893.13 facially unconstitutional and affirm the trial court order under review."
Rumpole says: Something tells us if Justice Canady (author of the majority opinion) mistakenly picks up the wrong attaché' case containing 100 grams of heroin the next time he is traveling in an airport, he will not be prosecuted and sentenced to the 25 year minimum mandatory despite his approving citation to this reasoning: "Common‘ sense tells us that those who traffic in heroin will inevitably become aware that the product they deal in is smuggled, unless they practice a studied ignorance to which they are not entitled."
Although our job just got a little harder, see you in court.
And in its closing: "The majority opinion sets alarming precedent, both in the context of section 893.13 and beyond. It makes neither legal nor common sense to me, offends all notions of due process, and threatens core principles of the presumption of innocence and burden of proof. I would find section 893.13 facially unconstitutional and affirm the trial court order under review."
Rumpole says: Something tells us if Justice Canady (author of the majority opinion) mistakenly picks up the wrong attaché' case containing 100 grams of heroin the next time he is traveling in an airport, he will not be prosecuted and sentenced to the 25 year minimum mandatory despite his approving citation to this reasoning: "Common‘ sense tells us that those who traffic in heroin will inevitably become aware that the product they deal in is smuggled, unless they practice a studied ignorance to which they are not entitled."
Although our job just got a little harder, see you in court.
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