A TRIBUTE TO JUDGE GLADSTONE

At Rumpole's request I am posting this tribute to Judge Gladstone as written by the Trial Master:

Many years(decades) ago I was retained to represent a lawyers son who got arrested for trafficking in marijuana in a larger amount that was stored in a vacant house near Palmetto High School. The son was accepted at an ivy league school for college. Although standing was a real concern as well as the rest of the motion to suppress Judge Gladstone granted the motion probably because he realized the vast harm a conviction would carry with this otherwise outstanding student. I believe based on his reputation of looking out for the juveniles he did what he thought was best for the child, not withstanding the harsh law. He was a great Judge and his likes will not be seen again for a very long time, if ever. New Judges assigned to Juvenile rotate out as soon as they can for greener pastures. But Judge Gladstone stayed out of devotion and care. 

PHILBIN FIRED! (FINALLY)

ESPN and the Miami Herald have announced that Joe Philbin is no longer the Head Coach of the Miami Dolphins.  (That must have been a long plane ride home from London.)  The interim Head Coach is Tight Ends Coach Dan Campbell.  He played for Bill Parsells and Sean Payton, and is real motivator.  It is said that he is the player's favorite coach.  The hope has to be that he can motivate a team in disarray, and uninspired, to play to their capabilities.

If I am Campbell, the first thing I do is tell my Defensive Coordinator that instead of a two gap defense, which the players hate and is reactive not aggressive, to now play a one gap, aggressive, up the field defense, which plays to the strengths of the personnel (Suh and Wade for example).  If he can't or won't, fire him and put the defensive line coach in as the coordinator.  Shake things up.  Give the players something to believe in.  This should be an interesting two weeks.

NFL 2015 WEEK 4

We had another monster week last week, going 8-1 in our picks. Sitting at week four with a fat bankroll, it's now all about money management. If you have been following us and you have a similarly  large wallet, you now want to get your money in when you have the best of it, and keep it on the sidelines when the odds are not in your favor. 

Remember: "Money won is twice as sweet as money earned." Fast Eddie Felson. 

JETS vs Dolphins, London. Games in our town tend to be field goal fests. There is nothing here we like, but if you made the trip, and a few blog readers have, and want some action,  the London books have the Fins getting 2.5 and the o/u is 42.5. Take the J E T S Jets Jets Jets and go under. The line on the Dolphin's HC surviving another loss is equally dim. There is not enough money is the Western Hemisphere to lure Bill Cower here. 

Riding a winning streak means taking the Raiders, -2 in Chi town over the hapless Bears. 

Chargers at home -7 , over the Browns, who can't get out of their own way.  David Ovalle is happy at the end of the day, especially if he puts a few Herald dollars on his own team. 

Cardinals are another team riding a winning streak. Give the 7 at home in Arizona over the Rams, who are struggling. Take the over 43. The Cards can do that on their own. 

 

MINIMUM MANDATORY SENTENCES .....

THE CAPTAIN REPORTS:

MIN MANS ........... CAN'T LIVE WITH THEM ... CAN'T LIVE WITHOUT THEM

More than a few times on this BLOG, our founder, Horace Rumpole, has written on his feelings about minimum mandatory sentences.  You can read those posts here and here and
here and here and here and here and here and even as far back as July 30, 2010 found here.

On Wednesday, Governor Scott and the Florida Cabinet held their quarterly Clemency Meeting in Tallahassee.  The Clemency Board is made up of Governor Scott, Attorney General Pam Bondi, Commissioner of Agriculture Adam Putnam, and Chief Financial Officer Jeff Atwater.

The Governor and members of the Cabinet collectively are the Clemency Board. Clemency is an act of mercy that absolves the individual upon whom it is bestowed from all or any part of the punishment that the law imposes.

Article IV, Section 8 of the Florida Constitution provides that an executive order granting clemency requires the signature of the Governor and two members of the Florida Cabinet.

So, to be clear, nobody can receive clemency in Florida without the support of the Governor.

For those interested in reading the Rules of Executive Clemency, you can find them here.

On Wednesday, Orville "Lee" Wollard, sought clemency from Rick Scott.  In short order, Gov. Scott denied Wollard's request without the other three members of the Board even having a chance to weigh in on the matter.  Wollard was sentenced to 20 years in prison, under the 10-20-Life law, for committing an Aggravated Assault with a Firearm, (and discharging that Firearm), but hitting nothing more than a wall, in his home.  The case was dubbed the "Warning Shot" case. 

Lee Wollard was a family man who was living with his wife and two teenage daughters in Central Florida.  He worked for Sea World.  He was educated, earning an AA, a BA, and then a Masters degree in Business Management and Organizational Behavior, all the while working full time and attending night school.  On the date of the crime, Wollard's daughter's boyfriend attacked his daughter giving her a black eye.  He then attacked Wollard.  He left the house, only to return and confront Wollard again.  This time Wollard got his gun, and told the boy to leave his home.  The boy punched a hole in the wall and came at Wollard.  At that point Wollard, instead of shooting the boy, fired a warning shot into the wall.  You can read the entire history of the case here.

As for the Clemency case, it was covered by the Tampa Bay Times: "Wollard, 60, of Davenport, a former human resources specialist at Sea World, is almost midway through a 20-year term for firing a warning shot at his teenage daughter's boyfriend at his Polk County home in 2008 after the youth attacked him and tried to tear off his stitches. Under sentencing laws -- since changed by Scott and the Legislature -- the crime of aggravated assault with a firearm carried a minimum mandatory term of 20 years."

The article went on to say: "The Legislature last year cited Wollard's case when it rewrote state law to provide criminal immunity in cases of the threatened use of force. But the law was not retroactive, so it doesn't apply to Wollard's case. Rep. Neil Combee, R-Polk City, said Wednesday that he didn't understand why prosecutor Hill was so adamant about keeping Wollard imprisoned when he had offered him a plea deal of five years felony probation."

Yes, you read that correctly.  The plea offer in the case was Five Years Probation.  But, when Wollard rejected the plea offer and took his chances with the jury, his gamble did not pay off.  They found him Guilty as Charged and the sentencing Judge had no choice - he had to sentence Wollard to the mandatory 20 years in prison.

You can read the entire sad story here. 

Governor Scott had the ability to right a wrong here, but chose instead, the easy way out.  He showed no mercy to Lee Wollard.

ELECTION CENTRAL UPDATE .....

As I reported in the Comments section earlier this week, a new candidate has filed to run for Judge in 2016. He is Luis Perez-Medina. He has been a member of the Florida Bar for nine years. He has filed to run for Circuit Court Judge. He has filed in Group 34, a seat being vacated by the retirement of Judge Gill Freeman. Two other candidates have already filed to run in that Group including Renee Gordon and Denise Martinez-Scanziani.

UPDATED: We apologize for getting Mr. Perez-Medina's name wrong.  FYI, Mr. Perez-Medina was a DC in Cueto, Sigler, and Hendon.  He is currently assigned to the Public Corruption Unit.

Who is Luis Perez-Medina?  If you know anything about this veteran of the State Attorney's Office, please chime in.

Currently there are five contested elections including four in Circuit Court and one race in County Court.  There are also four sitting Circuit Court judges up for reelection in 2016 that have not yet filed indicating their intention to run again.  They include Judge Scott Bernstein, Judge Rosa Rodriguez, Judge Nushin Sayfie, and Judge John Schlesinger.  We have communicated with three of the four judges, all but Rosa Rodriguez, and each of the three judges have told us that they intend to file for reelection.  In County Court, incumbent judges up for reelection in 2016 that have not yet filed include Judges Wendell Graham, Judith Rubenstein, and Fred Seraphin.  Only Judge Graham has confirmed to us his intention to run; we have not yet heard back from the other two judges.

And to take you into the weekend, we leave you with a scene from one of our all-time favorite movies, and one of the classic cross-exams of all time: MAGIC GRITS



CAPTAIN OUT .....
Captain4Justice@gmail.com

CHIEF AND RED LIGHTS

Leslie Rothenberg, formerly of the Dade State Attorneys Office, the Circuit Court bench, a putative run at the State Attorney position, and currently on the 3rd DCA, has been elected chief Judge of the 3rd DCA starting Summer, 2017. 

And to think, we knew her when.

FACEBOOK

The only thing missing from this Miami-Dade State Attorney Office Facebook page is a selfie of the prosecutors.  On the Facebook page on this post is a picture of the defendant, defeated, cuffed, in custody. 

Office of the State Attorney - Katherine Fernandez Rundle

September 28 at 9:42am · 

Thank you to prosecutors Kimberly Archila and David Emas for all the hard work in this case under difficult circumstances.

A long time ago, a coach once told us "son, when you score, act like you've been there before." 

We've always tried to follow that philosophy with jury trials. But our SAO doesn't.  Tsk. Tsk. 

RED LIGHT…GREEN LIGHT. 
Judge Steve Leifman has ruled…. the red light camera system does not comply with state law. You can get your red light camera ticket dismissed. Just call 1-888-rum-ptix, and we will take care of it for you. 

SELFIES

It was bound to happen. 

An attorney in Milwaukee won a  first degree murder trial. 
Then he took a selfie with his client. 
Then he posted it on Facebook. 
Then he got into trouble with the court. 
The story is here. 

Query: What is the difference between the attorney taking a selfie and an enterprising reporter taking a picture of the attorney with his arm around his client on the courthouse steps after an acquittal ( an emotional scene we have taken part in several dozen times)? 

It might not be the brightest thing to do. But we don't see it as violating any court order or Bar rule. A win is a win is a win. 





NOT STATE COURT…DUH

What is it about the feds that causes them not to just act snooty and superior to state court, but makes them trash state court whenever they can take a cheap shot? 

David Ovalle tweeted this today when covering a sentencing hearing:

David Ovalle ‏@DavidOvalle305  now11 hours ago

When it bogged down, Judge Lenard even told lawyers "This is NOT state court" where judge rubberstamps the agreed upon plea-deal sentence

Judge Leonard, who we might remind her, started as a judge in state court, made the statement during a sentencing hearing where both the prosecution and defense made the same recommendation for a sentence.

We actually think more state court judges should not rubber stamp plea deals in state court. But why the cheap shot?

Item: The Russians are establishing a military presence in Syria. The last time they did some thing adventurous it was in Afghanistan circa 1978-79.

"History repeats itself first as a tragedy, then as a farce."

Karl Marx.

See You In Court, where unlike federal court, we can plea out more than one case an hour. Efficient use of court time, tax dollars, etc.

E FILE KERFUFFLE

In Dade County it is common for those of us who practice in the REGJB to file for arraignment purposes one document that is 1) a notice of appearance; 2) plea of not guilty; 3) demand for discovery. 

Which is why on the e-filing menu they do not give you an option to file that document. There is a document entitled "notice of appearance and plea" without defining what the plea is. There is a demand for discovery document. But there is not one document covering all that we file. Of course. Your state tax dollars at work. And while we are complaining, when we file a document on a criminal case, the SAO does not automatically appear as a party and we have to add them with some ridiculous email address like " miami prosecution no plea without speak with supervisor and supervisor's supervisor and victim and police officer and victim's supervisor and police officer's supervisor.com" which is a lot to write every time you try and file a document. 

Or are we doing something wrong? 

THREE YEAR MIN MAN
As most of the nation legalizes or decriminalizes marijuana, the Miami State Attorneys office is seeking a three year minimum mandatory for a defendant who was growing marijuana for his wife who is dying of cancer. As we now sit here Monday morning, the following has occured;
1) the defendant was convicted of growing marijuana and has been incarcerated;
2) his dying wife no longer has her caretaker;
3) we will be paying for the defendant to be incarcerated;
4) thousands of people are making millions of dollars growing marijuana in Colorado, California, Oregon, and Hialeah. In three out of those four places, the growers face no threat of criminal prosecution.  

Does common sense call for a resolution here? Or will we be a safer society knowing this man is behind bars? 
Come on Ms. Rundle, show a little leadership, not to mention common sense and a little heart. 

 FOOTBALL. 
We went 8-1 in our picks yesterday. And if you think we are on fire with our picks, you should see our Draft Kings account$$$$. 

GAMBLING!!! (Shhhhs.)
BTW- if an enterprising blog reader sets up a Draft Kings private league, with, say, a $5 entry fee, we can all enter and play for money and have fun until the Dade SAO opens an investigation into GAMBLING IN THE COURTHOUSE!!!!, which they are free to do once they finish their own picks for the week, not to mention the NCAA bracket pools for money which has been around in that office since, well, since bell bottom pants were in fashion. But keep prosecuting those marijuana cases. It's noble work you all are doing. 

See You In Court, where prosecutors in glass houses with glass bongs shouldn't throw stones. 

NFL Week 3 2015

ORIGINAL SURVIVOR POOL. Give props to these fantastic four. Two picks for cheating deflators (Jags have never ever won in Gillette Stadium)  and two picks for the Seahawks. We will either wash out or have a week four. If we wash out then these four will continue. See, survivor pool rules. 2015, 2B.1(iv)(c-d).  





SURVIVOR POOL II. ENTER NOW. SEND AN EMAIL WITH THE SUBJECT LINE POOL B. Update: we have a pool! Will post later. Send in your picks if you haven't already. 

2015 week three b pool from Justicebuilding

Mad-dog corner: Doggy had a tough week last week, going 0-3. He tries to bounce back this week with these picks:  Indy -3 in a short week,  over Tennessee.  Eagles even over the Jets in New Jersey.  Broncos -3 over Lions.


Denver at Detroit. Sunday night. The visiting Broncos have ten days rest, are playing at night, in-doors, against a mediocre Lions team. Maybe the Broncos have issues on offense. But they will be ready. Give the 3, take the Broncos who go to 3-0. Over 44.5. 

Raiders + 3.5  at Cleveland. Weird things occurring at the mistake by the lake. Meanwhile, the Raiders who were 0-8 on the road last year, have an above average offense. They can hang with the Browns, who have an emerging QB controversy. Take the team on the rise. Take the over 41.5. WIN (Raiders) and WIN (over total was 47). 

Cardinals -6 1/2 at home over 49'ers. This is a trap game. The 49'ers were never in the game last week, and our theory about teams regressing to the norm would have the high flying Cardinals coming down to earth a bit, and the 49'ers bouncing back. But theories are for chumps. This  Cardinals team was doing something special last year until Carson Palmer went down, followed by every other back-up QB they brought in. The Cardinals are superbly coached by Bruce Arians, and WR Larry Fitzgerald made us a ton of money last week in our Draft Kings games. Take the over 44.5.

Bills + 3 1/2 over the Fins. Another Bounce back game for one of these two teams. Instincts tell us the Fins come back, but we just don't like Miami's coaching. Plus theior players stink. The Bills are starting a rookie QB on the road for his first road game. You can easily make a case for the Fins. But we like the Bills defense and at the moment the Bills QB. If the Fins lose this one, the wheels come off the bus and it will be a long season.  Also take the over 41.5.

Jets vs Eagles. When you're wrong, you're wrong. Un-like certain individuals who wear robes, we admit it on the rare occasion when we make a mistake. The J..E..T…S  are for real. Superbly coached (as opposed to the Dolphins). As good a D as there is in NFL. And a passable Offense circa Ravens 2000. This team will complete.  Under 46.5 today. And just for fun we have the Jets in a few multi-team parlays. This is a classic bounce back game for Eagles. And like the Fins, if they fail today, the wheels come off the bus for the season. So don't put any big money on the game.  WIN (under total was 41). 

BOEHNER RESIGNS!!

BREAKING: DEFENSE LOSES IN MARIJUANA GROW HOUSE TRIAL- defense was medical necessity- That Defendant grew marijuana for his wife who had cancer. Jury rejected offer for  pizza for dinner (no munchies) and returned a guilty verdict a few hours after deliberating. 
Rumpole #1 rule for trials: avoid Friday afternoon verdicts!! 
Judge Al Milian took defendant into custody. (3 yr min man and all that). PD took the loss, ASA David Emas for the win. 

Pardon us for a moment- we usually never intrude on a post. A few late Friday house keeping items. 

Pool II: We will run a survivor pool B if we get ten entrants. It will be difficult enough to keep everyone straight. Please put "B POOL" in the subject of your pick for each week. We will run it if we get ten entrants. Fbpool12 at gmail 

"You're fired"- Did a judge fire a JA by text recently? 

Ineffectual, incapable of controlling his own caucus, John Boehner, resigns.  A true believer in the institution, who has been in a Republican leadership role since the days of Newt Gingrich, Boehner was never able to establish or invoke any real successful legislative agenda.  Besieged by radicals in his own party, he was re-elected to the Speakership earlier this year by the smallest majority since the Great Depression.

What will he do with his last month in office?  Will he throw the Senate approved compromise Immigration Bill out on the floor for an open vote?  If he does, it will pass.  Immigration will no longer be an issue in the 2016 election.  He could cut the legs off of candidates like the Trumpster, Huckabee, and others.  He would give a boost to Bush and Rubio (who disavowed this bill, even though he sponsored it).

Will he now allow an open vote on the Continuing Resolution without the defunding of Planned Parenthood?   Will he do all the things that he knew required bi-partisan support by sitting down with Pelosi and pushing bills through?

What a way to redeem your legacy, and rid yourself of the monicker of being the weakest Speaker in the history of our Republic.

AFFLICT YOUR SOULS

 And in the seventh month, on the first day of the month, ye shall have an holy convocation; ye shall do no servile work: it is a day of blowing the trumpets unto you.

And ye shall offer a burnt offering for a sweet savour unto the LORD; one young bullock, one ram, and seven lambs of the first year without blemish:
Numbers 29:7 

And this shall be a statute for ever unto you: that in the seventh month, on the tenth day of the month, ye shall afflict your souls, and do no work at all, whether it be one of your own country, or a stranger that sojourneth among you:
Leviticus 16:29


Also on the tenth day of this seventh month there shall be a day of atonement: it shall be an holy convocation unto you; and ye shall afflict your souls, and offer an offering made by fire unto the LORD.
Leviticus 23:7










 

TOUGH LUCK

THE CAPTAIN REPORTS:

TOUGH LUCK .....................

And no we are not speaking about tonight's Monday night football game between the Colts (and their starting QB Andrew Luck) against the New York J-E-T-S.

Last week, as one of our readers pointed out in the Comments section, Circuit Court Judge Robert Luck, a Scott appointee, drew opposition for the 2016 election.

In September of 2013, Governor Rick Scott appointed prosecutor Robert Luck to an open seat on the Circuit Court.  Judge Luck was assigned to the Criminal Division and has been there for two years.  Luck began his legal career serving as a law clerk for Judge Ed Carnes, on the 11th Circuit Court of Appeals, (2004-05, 2006-2008).  He spent one year in the appellate division of Greenberg, Traurig from 2005-06.  He joined the US Attorneys Office in Miami in 2008.  He then spent five years serving as an AUSA, (trying 19 jury trials), before being tapped by Gov. Scott.

Little known fact about Judge Luck - he co-authored a book entitled The Facts and only The Facts, in Race to Injustice: Lessons Learned From the Duke Lacrosse Rape Case.

By all accounts, the reviews on Judge Luck have been very good.

Enter Yolly Roberson.  Ms. Roberson filed to run against Judge Luck in the upcoming 2016 election.  This will be Judge's Luck first appearance on a ballot.  Not so for Ms. Roberson who has appeared on at least five ballots.  Yolly Roberson first won election to the Florida State House in 2002 and served four terms, getting re-elected in 2004, '06, and '08.  She was term limited and completed her eight years serving in the House in 2010.   She served as Democratic Whip from 2004 to 2006.

Ms. Roberson was born in Haiti in 1955.  She emigrated to the United States and went to college and earned a degree in Nursing in 1983.  Five years later she earned her JD from the New England School of Law.  She worked for the Public Defender's Office in Boston before moving to South Florida and becoming an Attorney for the City of Fort Lauderdale.  According to The Florida Bar, Ms. Roberson became a member in 1991 and currently runs a solo practice out of an office in North Miami.

Back in 2010, when Kenrick Meek decided to run for the U.S. Senate (against Independent candidate Charlie Crist and eventual winner Marco Rubio), that opened up Meek's U.S. House seat in House District 17.  Ten candidates filed to run in District 17.  You may remember that election, because one of the ten, criminal defense lawyer Rod Vereen, entered the race as an Independent.  Yolly Roberson was one of the nine Democrats who sought to win the Dems primary.  That primary election was eventually won by Frederica Wilson who then went on to defeat Vereen in the general election.

Little know fact about that 2010 House primary contest: one of Roberson's eight opponents in the primary election was her ex-husband, Phillip Brutus.

The Luck v. Roberson contest in Group 66 is one of five current contested judicial election set for 2016.

CAPTAIN OUT .......
Captain4Justice@gmail.com

Rumpole adds: Nice post Captain. 

We wholeheartedly support Judge Luck. Stop by his court and watch him. He is all you want in a judge. 

Second: A little Monday morning trivia. Roberson previously ran for judge. But she didn't win or lose.  1) What happened? 2) Her actions in that first race have a current impact on the judiciary. How so? 

See you in court. With the loss by the Ravens and Fins the survivor pool is decimated. Anyone want a B pool? start next week, play to the end, play the winner of the A pool? Email us at the FBpool12 address and let us know. 

NFL WEEK TWO 2015

UPDATE: IT HAPPENS EVERY YEAR  BLACK SUNDAY. A FAVOURITE GOES DOWN AND WIPES OUT THE POOL. THE SAINTS LOSS TO THE BUCS WAS THIS YEAR'S MASSACRE.  14 Players go down including Rumpole, Colby, Rick Freedman, De La Over,  Lucy Lew, Lurvey, and DOM. Better luck next year. 

We went 4 of 5 last week (naturally) in our picks, and squeaked out a week one survival thanks to the last second heroics of Tony Romo and the Cowboys over the Gints. 

Mad Dog Corner: Chris "Mad Dog" Russo", currently on Sirius Satellite Radio, is the finest sports talk radio host in the business. Doggy tweeted out his picks this week after going 2-1 last week: 
Giants -2.5 over Falcons; Packers -3.5 over Seahawks; Eagles -5 over Cowboys."

This week we like the following teams;
The Packers -3.5  over the slumping Seahawks on the road at Green Bay.

Eagles -5 over the Desless Bryant Cowboys, and we also like under 55. 

Colts -7 over the J..E..T..S Jets Jets Jets on Monday night.  

Arizona -2 over the slumping Bruins in Chi Town, and under 46.5.  

Ravens -6 on the road at the Oakland Alameda County Stadium  over da Raiders. 

Survivor Pool: BLACK SUNDAY 
There are some nice picks this week, headed up by the Saints at home over the Buccaneers (Rumpole's pick), Colts over the Jets in Indy,  Ravens over the Raiders in Oakland, and the Eagles over the Des-less Cowboys in Philly. 

THE SAINTS LOSS WIPED OUT THE POOL. ONLY THE LUCKY SURVIVED

Pool 2015 week two from Justicebuilding

"I didn't leave the Democratic party, they left me."
Ronald Wilson Reagan. 




 

BYE BYE, MARCO

I actually wrote this post some time ago, but the time did not seem right.  It is now though.

During the three hours of idiocy last night on CNN, did anybody notice the one answer to a question that really meant something to Floridians?  Trump criticized and challenged Marco Rubio for his voting record and absences from the U.S. Senate.  In attempting to excuse this, Rubio responds  that he is dedicating his life to running for  President.  He stated:  "I am leaving the Senate.  I am not running for reelection, and I am running for President . . "  In other words the representation of the people of Florida is inconsequential, and he doesn't care about his duties to us anymore.

Has anybody wondered why it is that no Republicans have declared to replace Rubio as the junior Senator from Florida, and only one Democrat (Murphy) has declared his candidacy?  What's going on here?  Have Scott and Rubio reached some sort of accommodation?

Pursuant to Sec. 99.012 F.S., Rubio must resign his Senate seat immediately upon qualifying for another office, like if he places his name on a ballot anywhere for the Presidency of the United States (New Hampshire sometime around December 11, 2015).  He can not withdraw that resignation, and thus can not run for re-election for the US Senate.  The statute prohibits an office holder from either running for two offices at the same time, or maintain an elective office beyond the effective date of the office holders prospective effective term of office for which they are running. (His term in the Senate ends on January 1, 2017 and the inauguration of the next President is not until January 20, 2017)  So why hasn't Rubio offered his resignation?  Why aren't Republicans knocking down the door to run?

Is it possible that Scott has agreed to re-appoint Rubio, if his Presidential bid is unsuccessful?  That would create a new "term in office" and allow Rubio to run in November, 2016 (if he meets the qualifying deadline) to retain his newly appointed office.  (By the way, under Senate rules he loses whatever seniority he has obtained.)  Or is it possible that Scott intends to appoint himself, and run to be retained in November, 2016?  Either scenario would keep leading Republicans who know of the deal from declaring.

The Captain seems to be very attuned to Republican politics.  Maybe he has some inside info, or a hint from one camp or the other.

It is time for the press to ask Rubio the question and insist on an answer?  (But he won't.)  "Are you stating that, even if your bid for Presidents unsuccessful, you are telling the people of Florida, you are not  running for re-election?"  I would say they should ask Scott, except he would only say, "Let's get to work."  Anything else is off-script.

WE REMOVED THE POST

Because of privacy concerns, we removed the previous post after a request. This is after all just a dopey blog and it shouldn't cause anyone any personal safety issues. We note that the story was emailed top us by several individuals who saw it on  the person's facebook page. Having not been on facebook in several years, we were not privy to the circumstances of the post. 

Social media. It's a new world. 

DOM has all the details on the lawyers nominated for the district court in the middle district, and South Florida Lawyers has the latest on Spencer's new You-Tube. 

Query- should we do a defense lawyer draft? 

You are arrested. Who would you hire? Email us and we will pick a dozen people and then do an email draft and you will draft in your position and explain your choice. We will pick 13th. First twelve are in.

Talk amongst yourselves while we work on a new post.

NFL WEEK ONE 2015

This is what you've all been waiting for. 

Lawyers new to the REGJB have heard the rumors.
Longtime and careful readers of the blog have waited since the Super Bowl. 

Now it is here. 

Our 2015 football picks.  (BTW Tottenham won today for the first time.) 

Longtime and careful readers jumped on the little gem we gave you Thursday night- under 50, and like us they are already starting the season as a winner. 

Packers vs Bears. We are here, at the game, and it's a beautiful day for football in Chi-town, but not for long, because da Bears can't compete with the cheesy Packers. Packer -5. 


Browns at Jets. This is the battle for the first pick in next year's draft. If there is one game the JETS can win this year, its this game against the hapless Browns. The J..E…T…S  bring a top tier Defense and …and ….and…..not much else. The High Flyers are 3.5 point Favourites and we are taking the points and rolling with the Brownies and betting that the JETS go  0-16 this year. 

 Fins at Skins. If your home town Dolphins are going to be a playoff team, then these are the games they need to win- on the road, against lesser teams. The Fins are 4 points favourites in DC, and while we are not sold on Miami, we are taking a leap of faith and laying the 4.  

Football teams are much like stocks. We made a small (not so small) fortune this year selling oil and energy stocks short starting in January. Now we thing energy has bottomed and its time to starting buying for value. The Redskins are in free-fall. much like oil in July  of this year.  Bet against them and the JETS- sell them short as it were-until they prove otherwise. 

Chiefs vs. Texans- over 40.5. 

For your 4pm game, take the Chargers -3.5 and over 45 against the Lions at home. 

SURVIVOR POOL- UPDATED You know it, you love it, you wait all year for it. The world famous, earth-shaking,  viagra taking, survivor pool. Headlines this week: lots of people like the Fins over the Skins, and former Judge Colby, now a west coast denizen and  Ken "pick-em" Weisman's arch survivor pool enemy, has not been heard from. 

Pool 2015 week one from Justicebuilding

And coming tomorrow, exclusively on your Justice Building Blog: "The Judge; Her Boyfriend, and the hitch-hiker. A Miami story." Tomorrow on the JBB. 

Enjoy opening day. We will here in Chicago.

ARE YOU READY?

For some football? 

The season starts tonight. If you want to pick the Steelers or the Cheating Deflators in the Survivor Pool make your selection tonight.  Send an email to fbpool12@gmail.com. Any email to any other address will not get you a pick. 

And if you Deflator Brady or Big Ben on your Fantasy team make sure he is in the starting lineup before kickoff in cheaterville. 

RULE BRITANNIA
Very quietly, HRH Queen Elizabeth II, of whom we are a loyal subject,  became Britain's longest serving monarch this past Wednesday at 5:30 PM, GMT, when she surpassed Queen Victoria, her great-great grandmother. 

Walter Bagehot, the English Journalist observed that the monarch has three rights: the right to be consulted, the right to encourage, the right to warn. Would be our own judges take heed of such limited rights.

DAVID OVALLE FAN CLUB

Not everyone is a fan of the fourth estate. 

NOTICE
We saw this email the other day:

From: _______ Date: September 9, 2015 at 2:43:16 PM EDT To: Harold Brown Subject: FACDL-Miami I have found out that there is a police officer which may have been an eyewitness on my case who the state does not know about.  I want to know what the witness will say but don't want to set a deposition because the state will show for this case.  The police officer will likely not speak to me without a subpeona.  Can I issue a subpoena but not notice the state since he is not listed as one of their witnesses?  Thoughts?   Thanks for your help Rumpole says:  Our initial thought was a simple "No".  But then we thought that perhaps there is some use of a subpoena absent a deposition that would allow the attorney to speak with the witness without notice to the prosecution. The prosecution is allowed to investigate their case without notice to the defense, why wouldn't the defense have the same right?  Just a thought.  A COUPLE OF PREDICTIONS Your 2015 Miami Dolphins, featuring one of the top five players in the NFL in Ndamukong Suh,  will be contenders for the division championship into December.  The J…E…T…S are on the clock with the first pick in the 2016 NFL draft, having gone 1-15 in this season, followed by the Cleveland Browns who went 2-14.  The Jets could also have the anti-perfect season and go 0-16.  We love the Eagles, and they could be Super Bowl bound from the NFC.  The AFC is wide open. Almost any team could get hot and make a run.  Peyton Manning? We see a career ending injury this year. Steelers/Deflators? Under 50.5 looks nice.

GERMANY TO THE RESCUE OR...WHILE THE US SLEPT.

"You can fight a war for a long time,
or you can make your nation strong. 
You cannot do both."
Sun Tzu, The Art Of War. 


Humanitarian -refugee crisis strikes Europe. Germany...??Germany!!! To the rescue. 

Tens of thousand of Syrians, fleeing their country, struggled across Europe as Hungary raced to build a wall (you think the Donald has an original idea in his vapid head?) and England,  which should know better, agreed, grudgingly, to take a few hundred, and France (no surprise here) turned up its collective nose, and the rest of the European Union began to cite the maze-like set of rules designed to turn refugees away. Officials in the Czech Republic even went so far as to begin marking numbers in ink on refugees' arms, immediately bringing up thoughts of the Holocaust to the entire civilized world (except the Czechs). 

There was humanitarian disaster in the making as the world, including the United States and the UN shrugged. a three year old boy washed up dead on the shores of beach, his siblings lost at sea. The world yawned. People drowned trying to reach freedom, and tens of thousands of people holding children struggled across the roads of Hungary. 

"What a shame" people thought. "Somebody should do something" people said over wine at dinner.

Enter Germany. The country which wrecked the European continent twice in the 20th century did a very American thing. It opened its collective arms and welcomed the refugees to its country. German citizens met the buses and train loads of refugees with homemade food, clothes, toys for children, and smiles, welcoming these people who have done nothing more than flee their war-torn country in hopes of a better life for their children (that should sound familiar to every single American with the exception of Native Americans). 

The Germans, known for their strict adherence to rules, waived the rules of the EU, and just responded to the crisis, thereby saving tens of thousands of lives, and dare we say- showing a little bit of  humanity and perhaps contrition for their acts in the last century. 

Germany to the rescue. While the US sat silently on the side. Who woulda thunk it? Something about this is downright shameful to the US. 

Well done Germany and Angela Merkel, Well done indeed. 

WELCOME JUDGE CHARLES JOHNSON TO THE CIRCUIT COURT BENCH

THE CAPTAIN REPORTS:

CONGRATULATIONS GO OUT TO OUR NEWEST CIRCUIT COURT JUDGE .....

CHARLES "CHARLIE" JOHNSON

Today, from a list of six finalists, Governor Scott announced the appointment of County Court Judge Charles Johnson to the Circuit Court.  "Charlie" started as an ASA here in Miami-Dade County and worked in that office from 1989-2010.  He was then appointed to the County Court bench where he has served for the past five years.  Judge Johnson replaces outgoing Circuit Court Judge Victoria Sigler.


The other finalists were: Judge Wendell Graham, Judge Lourdes Simon, Judge Jason Dimitris, Ayana Harris, and John Wylie

Congrats Charlie, WELL DONE.

With Labor Day Weekend comes the traditional end of summer.  Enjoy your long, hot, three day weekend.  You can find us at the pool sipping bloody mary's in the am and mojitos in the pm.  And we'll be listening to one of our favorite songs of all time, performed by Rod Stewart, as he wrote about a summer fling, (the first time he had sex so he says), that ended with his return to school in September.

CAPTAIN OUT .......
Captain4Justice@gmail.com

"HUCKLEBERRY PRESIDENTIAL CANDIDATE" DOUBLES DOWN ON HIS ATTACK ON THE CONSTITUTION

AND ON AND ON AND ON . . :  Talk about a march to martyrdom.  Even from her jail cell, this woman can't stop.  She has asserted that the marriage licenses issued Friday to gay couples in Rowan County are void, because she didn't authorize them, according to her attorney.  Did anyone ever tell her, not to spit into the wind or tug Superman's cape.  Judge Bunning already threw her a curve ball to rival his father's.  Imagine the fast ball that is coming her way from the 6th Circuit.

AND THE BEAT GOES ON:  Check out this article re: Ted Cruz and the Davis controversy.  This is so spot on it could not be said better.  


UPDATE:  The jail house door has slammed behind Ms. Davis as she is found in contempt of court.  The bottom line: don't openly defy a federal judge, unless you are ready for 3 hots and a cot.

Ms. Davis is described as being in disbelief.  She thought it would be nothing more than a fine, that others were willing to pay for her.  The judge (the son of former Kentucky Senator and Detroit Tigers pitcher Jim Bunning) said, that would act as no deterrence to further defiance on her part.  So off to the lockup she goes until her office starts issuing marriage licenses to all who are qualified.

For those who may have been hiding under a rock (actually I have had that urge myself), Kim Davis, the County Clerk in Rowan County, Kentucky, is facing a judge today on a contempt charge for refusing to issue marriage licenses to gay couples.  In speaking about the ongoing nonsensical controversy regarding Ms. Davis, Republican candidate for the Presidency, the Right (wing) Reverend Mike Huckabee stated:  "Kim is asking the perfect question: 'Under what law am I authorized to issue homosexual couples a marriage license?'  That simple question is giving many in Congress a civics lesson that they never got in grade school," Huckabee said in a Wednesday statement, according to "Right Wing Watch."

Huckabee wrote that the Supreme Court cannot make law.  I repeat my question of many weeks ago, what is it about this guy (and others in the Republican field) that makes him claim to love America, but hate the things that make us America?  What is it about the Constitution that he did not learn in his Civics class?

I will answer your questions, Reverend Huckabee, you moron.  Ms. Davis is an elected official who swore to an oath that states:

"I, ....., do swear that I will well and truly discharge the duties of the office of .............. County Circuit Court clerk, according to the best of my skill and judgment, making the due entries and records of all orders, judgments, decrees, opinions and proceedings of the court, and carefully filing and preserving in my office all books and papers which come to my possession by virtue of my office; and that I will not knowingly or willingly commit any malfeasance of office, and will faithfully execute the duties of my office without favor, affection or partiality, so help me God."

Those duties apply to all of the citizens of Kentucky, not just the ones who agree with her and her religious beliefs.

The sad part is that she could provide someone in her office to perform this duty as it relates to "gay marriages" without her personal involvement.  It is the office she supervises which issues the marriage licenses.  If she does not believe her office should perform this statutory duty, then resign, but no government office has the right to discriminate, and make no mistake about it the Supreme Court has stated that her actions are discriminatory.

Huckabee, you self-righteous medieval throwback, this country is founded on the rule of law, and the rule of law must prevail.  If you don't understand or believe that, then go back to the pulpit and get out of the body politic.  You are as dangerous to the American way of life as any demagogue we have ever had to tolerate.  (Except maybe Ted Cruz or Marco Rubio or Scott Walker or Bobby Jindal or Ben Carson or ...........)

AFTER ALL THESE YEARS

UPDATE WARREN SCHWARTZ: 
We've heard that long time REGJB fixture Warren Schwartz had some unexpected surgery today, but that he is doing fine and resting comfortably. We are sure all of our readers join in wishing him a speedy recovery. 

Longtime and careful readers of the blog remember that years ago, in simpler times, we used to summarize the opinions of the 3rd DCA, until it became too tedious to read "per curiam , affirmed."  (literally, "we laughed at your lame argument"). 

The majority of the other decisions were remanding summary denials of rule 3.850 motions for a hearing on the merits. Thus is came as a bitter surprise that after few adult beverage drinks this evening, we went to the 3rd DCA website, and the very first opinion we saw, held the following in Maxwell v. State: 

The State concedes, and we agree, that counsel’s failure to communicate the 10-year plea offer to Maxwell constituted error. “A defendant is entitled to an evidentiary hearing on a motion for post-conviction relief unless: (1) the motion,

files, and records in the case conclusively show that the defendant is entitled to no relief; or (2) the motion or particular claims are legally insufficient. Lee v. State,

789 So. 2d 1176, 1177 (Fla. 3d DCA 2001). “Where the record does not conclusively refute post-conviction claims of ineffective assistance of counsel, the defendant is entitled to an evidentiary hearing on those claims.” Id.

...

The trial court thus erroneously concluded that Maxwell failed to state a colorable claim for relief. We therefore reverse the denial of relief as to ground four for trial counsel’s failure to timely convey the State’s plea offer, and remand

the case for the trial court to either attach those portions of the record that conclusively refute Maxwell’s claim or to hold an evidentiary hearing. The denial of relief as to all other grounds raised is affirmed.

Query: If the "state conceded" the point on appeal that a failure to communicate a plea offer required an evidentiary hearing, where was the state when the trial court was summarily denying the petition? 

Enough is enough. We call on the 3rd DCA judges to do the following: 

1) Buy four dozen boxes of dunkin donut holes. 
2) Buy a corresponding number of coffees. 
3) Hold a three hour course on a Saturday at the Justice Building wherein each judge will be required to approach the blackboard and write the following twenty times: "I will grant an evidentiary hearing in all rule 3 petitions where the petitioner raises an issue of fact and law." 

How many hundreds of times do we need to read this type of opinion until the lesson sinks in. 

BTW - the current judicial practice of having the prosecution write the order summarily denying the rule 3.850 motion seems very suspect in our opinion.  Does Justice Scalia do that? How about judges on 11th Circuit, or even our judges in the southern district of Florida? No. None of them are too busy to do their own readin-and ritin.