Criminal Law

CASES

Posted on June 13, 2008
Criminal law -- Search and seizure -- Investigatory stop -- Reasonable suspicion -- Where law enforcement officer initiated traffic stop after determining that the registered owner of vehicle had an outstanding warrant, officer asked defendant to step out of truck with his driver's license, and once defendant started exiting vehicle, officer knew he was not the registered owner because of his race, officer's actions in pursuing defendant, who fled in response to police presence, were reasonable given defendant's abandonment of a vehicle he clearly did not own on a public roadway, officer's knowledge that defendant was not the owner of vehicle, and defendant's flight from scene -- Motion to suppress properly denied     33 Fla...

CASES-Civil

Posted on June 13, 2008
Torts -- Medical malpractice -- New trial required where trial court erroneously permitted plaintiff's counsel to argue to jury, over defendant's timely objection, that defendant had failed to provide appropriate care to plaintiff during postoperative period, a theory of medical negligence that was not within issues presented at trial -- Complaint alleged that defendant plastic surgeon had negligently failed to obtain plaintiff's informed consent to proposed surgery and negligently performed the surgery and that the design of the procedures defendant had performed was flawed, but did not allege any postoperative negligence by defendant -- Issue of postoperative negligence was not tried by consent -- Remarks, which were calculated to elicit an emotional response from the jury, were not harmless --Although plaintiff presented sufficient evidence to support verdict against defendant based on the three theories of medical negligence that were pleaded in complaint, two-issue rule does not preclude reversal in this case -- Trial court did not err in denying defendant's motion for directed verdict on liability and did not abuse its discretion in denying defendant's motion for new trial based on admission of photographs into evidence    33 Fla...

MEDIA 6/12

Posted on June 12, 2008
Campaign of Alex Arreaza for Public DefenderUS District Judge Ungaro Dismisses Jack Thompson v. FloridaDAILY BUSINESS REVIEWFlorida Supreme Court shuts down overzealous litigants (Thompson, et al)Miami Judge Jeri Beth Cohen's campaign letter bears names of nonsupportersWALL STREET JOURNAL BLOGKozinski Calls for Investigation of Himself "I have asked the Judicial Council of the Ninth Circuit to take steps pursuant to Rule 26, of the Rules Governing Judicial Conduct and Disability, and to initiate proceedings concerning the article that appeared in yesterday?s Los Angeles Times...

JAABLOG REVOKED (AGAIN)

Posted on June 12, 2008
                                                                            JAABLOG BLOCKED AGAIN IN THE BROWARD COUNTY LAW LIBRARY                        We're starting to wonder: who's really behind this censorship?                                          MAKE UP YOUR MINDS ALREADY

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JAABLOG SPORTS PRESENTS

Posted on June 12, 2008
                                   The Comeback Kid?                 OR         Washed Up For Good?                                                                                 IS DALE ROSS RUNNING FOR CHIEF JUDGE IN 2009?

PUBLIC SAFETY COMMISSION MEETING

Posted on June 12, 2008
The PSCC, a statutorily created body charged primarily with keeping the jail cap at federally mandated levels, had its quarterly meeting today.  The usual members were present (BSO, DOC, BACDL, Ken Keechl, Dr. Mack, etc.), plus the courthouse brass involved with the Commission (Tobin, Ortman, Forman, Bidwill, Holmes, Gardiner, Finkelstein, Michaelson, Morton)...

THE FLORIDA LEGISLATURE NEEDS YOUR HELP

Posted on June 12, 2008
 Judge Hamilton Burger clocks in after his lunchAt the direction of the Legislature, the Office of Program Policy Analysis and Government Accountability is conducting a study of workload management by the circuit and county court judges.This is the study spearheaded by Senator Victor Crist...

WELCOME TO OUR WORLD MIKE MAYO by RUMPOLE

Posted on June 12, 2008
From the Justice Building Blog.  Thanks, as always, to Rumpole and friends.Thursday, June 12, 2008:Sun Sentinel Columnist Mike Mayo wrote this in his blog recently about Broward Attorney Sean Conway?s decision to accept a public reprimand from the Florida Bar:Part of me is disappointed that attorney Sean Conway backed down from an important free speech fight against the Florida Bar for an Internet posting in which he called Broward Circuit Judge Cheryl Aleman "an evil, unfair witch...

CASES-Civil

Posted on June 11, 2008
Torts -- Medical negligence -- No error in dismissing with prejudice an amended complaint seeking damages for ?medical abuse and neglect resulting in wrongful death? under Adult Protective Services Act filed by personal representative and relatives of decedent who entered hospital for transplant surgery, was allegedly improperly intubated post-surgery resulting in profound encephalopathy and persistent vegetative state, and whose life support was terminated by family 79 days thereafter -- Claim arising from medical negligence cannot be prosecuted under Act -- To state cause of action under section 415...

CASES

Posted on June 11, 2008
Criminal law -- Evidence -- Statements of defendant -- Where a defendant makes a statement after receiving a Miranda warning which confirms an earlier voluntary statement made before Miranda warnings were given, the post-Miranda statement is admissible if the police officer did not engage in a calculated two-step strategy to undermine requirements of Miranda -- Because there was no deliberate use of a two-step strategy to undermine Miranda, trial court was correct in declining to suppress defendant's post-Miranda statements -- Although state contends defendant's pre-Miranda statements should not have been suppressed, state neither filed a cross-appeal nor brought forward a record sufficient to demonstrate error     33 Fla...

THE CONWAY/ALEMAN SAGA COMES TO AN END

Posted on June 11, 2008
SENTINELLawyer who blasted judge will get public reprimand"A Fort Lauderdale defense attorney facing a Bar complaint for decrying a Broward Circuit judge as an "evil, unfair witch" on a courthouse blog has agreed to resolve his case with a public reprimand...

JAABLOG REINSTATED

Posted on June 11, 2008
                                              ACCESS TO JAABLOG HAS BEEN RESTORED IN THE BROWARD COUNTY LAW LIBRARY                                                    "Strange days indeed, most peculiar mama,"                                                          -John Lennon from "Nobody Told Me"

Fund Raiser for Judge Catalina Avalos

Posted on June 11, 2008
                                                                                                                              Friday June 27, 2008 from 12 noon to 3 pm                        we are having a fund raiser to retain County Judge Catalina Avalos at our Office:                                                                          629 SE 5th ave                                                                             ft Lauderdale                                                                               Steve Melnick                                                                           954-462-7234   Political advertisement paid for and approved by Judge Catalina Avalos for County Court Judge group 27 non-partisan...

I'm a leopard and you're a moo cow...grrrrrrrrr..

Posted on June 11, 2008
 9th Circuit's chief judge and sexually explicit website

ALL CLEAR (FORMERLY "LOCKDOWN!")

Posted on June 09, 2008
The ALL CLEAR sounded at approximately 11:50 am ... back to work.The Broward County Central Courthouse is now accessible.  There was a lockdown with no entry or exit due to an apparent escape attempt of an accused robbery suspect Monday morning.

THE ADVENTURES OF PAUL BACKMAN, JQC PANEL CHAIR

Posted on June 09, 2008
 FT. MYERS NEWS-PRESSPanel to consider whether judge violated nine ethics rules"Illicit sex. Profane outbursts. Lies.And that's just the judges. The trial of Michael Allen, a 1st District Court of Appeal judge, is expected to begin today. He could be removed from the bench if the Judicial Qualifications Commission finds that the charges against him have merit...

JAABLOG PRESENTS: "YOU MAKE THE CALL"

Posted on June 08, 2008
                                                                                                      Ana Gardiner        vs...

4 on 17

Posted on June 07, 2008
Damoorgian     Affirm part, Reverse part  4D07-392-& 4D07-495-City of Hollywood, Florida v. Francis X. Hogan & Michael SpringstunJohn Murphy     Affirm                      4D07-1126-Lindo v...

CASES

Posted on June 07, 2008
Criminal law -- Sentencing -- Habitual offender -- Resentencing -- Where defendant objects at sentencing to the sufficiency of the state's evidence supporting habitual offender sentence, and on appeal the district court reverses habitual offender sentence on that basis, on remand for resentencing the state may present new evidence thatthe defendant is a habitual offender -- Resentencing is a de novo proceeding -- Allowing introduction of additional evidence at resentencing does not implicate double jeopardy concerns and does not violate due process33 Fla...

BOB NORMAN'S DAILY PULP

Posted on June 07, 2008
Ana Goes Down (To Civil)by Bob Norman Sat Jun 07, 2008 at 01:33:22 PM So Chief Judge Victor Tobin announced Friday that Chief Criminal Judge Ana Gardiner was being moved (at her own request, of course) out of her position to become a judge in the civil division...

DBR ON GARDINER DEMOTION

Posted on June 07, 2008
 DAILY BUSINESS REVIEWCriminal division to get new administrative judgeBroward Circuit Judge Ilona Holmes will take over as administrative judge in the next month, replacing Judge Ana Gardiner, who asked to move to the civil side, Chief Judge Victor Tobin said...

CHIEF JUDGE TOBIN STEPS UP

Posted on June 06, 2008
Administrative Order Assigning Judges (effective 7/14/08)Holmes: Administrative Judge, Circuit Criminal; Bidwill: Chairperson, Circuit Criminal.And...."(9) The first appearance judicial assignment is: to be determined after Governor Crist's appointment to fill the current vacancy" Administrative Order Designating Administrative Judges And Chairpersons (effective 7/14/08)                                         CONGRATULATIONS JUDGES HOLMES AND BIDWILL

17th Judicial Circuit State Attorney's Office Newsletter

Posted on June 06, 2008
                                                                                                                     June 2008

JERRY SPENCE NO LOSS RECORD

Posted on June 06, 2008
Spence?s No-Loss Record Stands with Fieger AcquittalPosted Jun 2, 2008, 05:38 pm CDT By Terry Carter     Photo by John Sobczak              Geoffrey Fieger, whose confrontational style and sharp tongue are matched only by his outsized dollar awards from juries, got what amounts to the biggest verdict of his career today when a federal jury in Detroit acquitted him and a law partner of charges they made $127,000 in illegal political campaign contributions...

MIKE SATZ: HERO OR VILLIAN?

Posted on June 05, 2008
BROWARD NEW TIMESPink Slip JusticeWhen a clique is in charge, you don't stand a chance - even at the State Attorney's Officeby Bob Norman"Sonia King says she was appalled when one of her coworkers made the proposition: If she would marry an illegal immigrant, she could make $10,000 in cash...

JAABLOG RUMOR MILL

Posted on June 05, 2008
              Shakeup in the Broward Criminal Courts?We're hearing it may be musical chairs soon.Some of the names in play: Holmes, Gardiner, Gates, C. Kaplan, Bidwill.Tell us if we have it wrong, congratulate us if we have it right...

CHANGE OF VENUE?

Posted on June 05, 2008
                                            The jury selection process has begun in the Norris Gaynor homeless beating murder case...

Fight!

Posted on June 05, 2008
                                                                                                        Ostrow v...

MEDIA 6/5

Posted on June 05, 2008
DAILY BUSINESS REVIEWThe Strange Saga of Jack ThompsonState court layoffs begin, 222 jobs to be eliminated"Four criminal court case managers. One mental health court case manager. Four attorneys helping criminal and family judges with their legal research...

ARREAZA FILES COMPLAINTS

Posted on May 30, 2008
   (DBR Photos)        Finkelstein                        Arreaza                                                                          SENTINELBroward P...

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