Criminal Law

JAY GORDON: DRAGONSLAYER

Posted on May 15, 2008
                                                                                                Martin Colin               Renee Goldenberg                                              Jay Gordon Takes A Stand Against Palm Beach And Broward Family CourtsDAILY BUSINESS REVIEW (DBR)JQC Investigating Palm Beach Judge Colin For Not Disclosing Relationships To AttorneysBACKGROUNDMotion To Disqualify Goldenberg (long - Gordon tells his whole story)

Cases-Civil

Posted on May 15, 2008
Torts -- Loss of consortium -- Injured plaintiff's same-sex partner who maintains a long-term committed relationship with plaintiff cannot maintain a claim for loss of consortium -- Consortium claim under Florida law is a derivative claim dependent upon legal status that does not exist between same-sex partners who are prohibited from becoming legally married   33 Fla...

CASES

Posted on May 15, 2008
Criminal law -- Sexually violent predators -- Civil commitment --Mandamus -- Petition by petitioner who is civilly committed under Jimmy Ryce Act to compel Department of Children and Families to conduct mental examination of petitioner and to provide him with written notice of his right to petition committing court for release, and to compel committing court to conduct limited probable cause hearing to determine whether there is probable cause to believe that condition has so changed that it is safe for him to be at large --Where it is alleged that Department has not conducted the required annual examination and furnished committing court its report, such a claim is properly addressed by motion filed with committing court --Conflict certified -- Where Department has satisfied its obligationto conduct examination, but committing court has neglected to conduct limited probable cause hearing, issue is properly raised by petition for writ of mandamus in appellate court  33 Fla...

4 on 17

Posted on May 15, 2008
Bowman             Affirm part, Reverse part    4D06-3300-Dennis v. State*Lazarus              Affirm                                  4D06-4012-Diaz v...

To access this complete feed in the blog feed reader login or register for free.

SAME AS THE OLD ROSS

Posted on May 14, 2008
BOB NORMAN'S DAILY PULPConfirmed: Scheinberg Out At SAO"Either this is related to the Judge Ana Gardiner expose or it's one hell of a coincidence. Scheinberg allegedly partied with Gardiner while prosecuting a murder trial in her courtroom and talked about the case over drinks at Timpano's...

2008 NEW TIMES' BEST LAWYER AWARD

Posted on May 14, 2008
 Congratulations to this year's winner J. David Bogenschutz.Best Lawyer"That's right. We're going with Bogenschutz, the shrewd advocate for damn near every lousy public official in Broward County (Ken "Jailbird" Jenne, Al "Urinal Man" Capellini, and "Weepy" Larry Seidlin are three recent clients)...

BACDL EVENT

Posted on May 14, 2008
WHO: THE BROWARD ASSOCIATION OF CRIMINAL DEFENSE LAWYERS            IN CONJUNCTION WITH THE FEDERAL BAR ASSOCIATION  WHAT: FEDERAL SENTENCING SEMINAR: A POST BOOKER ANALYSIS -             CONDUCTED BY THE U...

4 on 17

Posted on May 14, 2008
Levenson         Reverse & remand           4D06-4810-Lockhart v. State*Greenhawdt     Denied                             4D06-4899-Crossin v...

CASES - Civil

Posted on May 14, 2008
Torts -- Assault -- Sexual battery -- Workers' compensation immunity-- Action against corporation and its retail store manager brought on behalf of minor who was allegedly assaulted and sexually battered by store manager while she was employed as sales clerk -- Trial court properly found that workers' compensation law was exclusive remedy for claims against corporation for negligent hiring, retention,supervision and training of store manager     33 Fla...

CASES

Posted on May 14, 2008
Criminal law -- Argument -- Silence of defendant -- Prosecutor's comments regarding defendant's failure to make an exculpatory statement after police stopped her and found cocaine in her bag, even if made prior to her actual arrest, amount to unconstitutional comments upon defendant's protected post-arrest silence -- Invited error -- While defendant's testimony on direct examination that she was silent when police discovered the cocaine and that the reason for her silence was that she was too shocked to speak invited a limited degree of inquiry responsive to her statement that she was too shocked to speak, prosecutor's comments exceeded scope of invited response when he suggested that instead of being too shocked to speak, she should have been shocked enough to affirmatively proclaim her innocence -- Harmless error -- Comments on defendant's silence were not harmless where there exists reasonable possibility that improper prosecutorial comments on defendant's silence influenced jury verdict -- Inference of guilty knowledge arising from defendant's exclusive possession of cocaine was rebutted by evidence that she successfully passed through customs and drugs were not discovered and by evidence that she was traveling with an acquaintance who might have put the cocaine in her bag as she postulated -- Remand for new trial     33 Fla...

"TESTILYING"

Posted on May 13, 2008
 The Bad LieutenantNEW YORK TIMESFederal Judges Call Out Dishonest Cops(Thanks to Rumpole)                      IT'S A GOOD THING FEDERAL JUDGES ARE APPOINTED FOR LIFE

MEDIA 5/13

Posted on May 13, 2008
SENTINELMike Mayo: Lean times all around, but Florida prisons are booming"The numbers are startling. Five years ago, Florida's prison population was 77,316. By August, the Department of Corrections expects the figure to top 100,000, an increase of 28 percent from 2003...

"JUDGING ANA" FALLOUT?

Posted on May 12, 2008
BOB NORMAN'S DAILY PULPA Piece of Courthouse Gossip"A reliable source tells the Pulp that prosecutor Howard Scheinberg is leaving the State Attorney's Office to join the law firm of Rothstein Rosenfeldt Adler..."

THE HUIZENGA FELONY DUI W/INJURY PRECEDENT

Posted on May 11, 2008
  Bogenschutz       KaplanSENTINELMike Mayo: DUI case makes wheels of justice seem unbalancedTopix: Double Standard"(A)nother example of how our justice system treats some more leniently than others.Huizenga had high-powered defense attorney David Bogenschutz fighting at every stage, delaying and mitigating the little time he had to serve...

NY TIMES EDITORIAL

Posted on May 10, 2008
RACIAL INEQUITY AND DRUG ARRESTSPublished: May 10, 2008Copyright 2008 New York TimesThe United States prison system keeps marking shameful milestones. In late February, the Pew Center on the States released a report showing that more than 1 in 100 American adults are presently behind bars ? an astonishingly high rate of incarceration notably skewed along racial lines...

MEDIA MAY 10 - OSTROW/HUIZENGA

Posted on May 10, 2008
SENTINELRepublicans Abandon Ostrow"[Ostrow] said he was not a Republican or a Democrat, but that he was going to file as a Republican to run," said Chip LaMarca, chairman of the Broward Republican Party. "He actually said, 'If you are asking me if I am a Republican or support the Bush administration, the answer is no...

OSTROW SPEAKS

Posted on May 09, 2008
BOB NORMAN'S DAILY PULPOstrow Speaks About Airport Cocaine Arrest   (Thanks to "Anonymous")

IS 948 DEAD?

Posted on May 09, 2008
                                                              It's been a month since State v...

BlueBroward.org

Posted on May 09, 2008
BlueBroward.org maintains a community calendar for Democratic organizations, grassroots groups, and campaigns.  Because only 25.4% of Broward's voters are registered Republicans, the BlueBroward.org calendar lists the vast majority of appearances to be made by judicial and public defender hopefuls...

Opportunism Disguised As Community Betterment

Posted on May 08, 2008
                Opportunism: The art or practice of taking advantage of opportunities or                 circumstances, or of seeking immediate advantage with little regard for                                                    ultimate consequences...

OSTROW BUSTED

Posted on May 08, 2008
                        "I feel I would help establish a connection with the bench."                                                           -Gary Ostrow                                   Public defender candidate faces cocaine charges"While in Tallahassee on May 2 filing last-minute papers to run for Broward County public defender, criminal defense attorney Gary Ostrow was arrested on a charge of cocaine possession, according to a Florida Department of Law Enforcement report...

32 Applicants For Spechlers Seat

Posted on May 08, 2008
JNC COUNTY COURT APPLICANTS MAY 8, 20081.    William W. Haury, Jr.2.    Edward H. Merrigan, Jr.3.    Joseph Zager4.    James Wells5.    Jorge E. Hurtado6.    Christopher Mark Neilson, P...

FUNDRAISER TO RETAIN PEDRO DIJOLS

Posted on May 08, 2008
On Friday May 23, 2008 12 noon- 4 pm--at our law office 629 SE 5th ave, There will be a fundraiser For Pedro Dijols, All are welcome to attend. There will be food and refreshments served.any questions please call meSteve Melnick954-462-7234Political advertisment paid for and approved by Judge Pedro Dijols for Circuit Court group 3 non- partisan...

ASK ME ALEX?

Posted on May 08, 2008
SENTINELMike Mayo: Should Help Me Howard Segment Go On Ice?"Arreaza said it's not right that Finkelstein gets regular free airtime in an election year. He sent a protest letter to WSVN general manager Robert Leider this week, citing federal broadcast rules for candidates...

Cases-Civil

Posted on May 07, 2008
Torts -- Negligence -- Supervision -- Child care center is not liable under theory of negligent supervision for injury sustained when bathroom door slammed on child's hand, partially amputating his pinky fingerReported at 33 Fla. L. Weekly D1253b 

CASES

Posted on May 07, 2008
Criminal law -- Child abuse -- Defendant was erroneously convicted of child abuse where state failed to present any evidence of the mental injury element of the offense -- There was no evidence that defendant's acts could reasonably be expected to result in an injury to the intellectual or psychological capacity of the child, as evidenced by a discernable and substantial impairment in the ability to function within the normal range of performance and behaviorReported at 33 Fla...

THE SEVENTEENTH

Posted on May 07, 2008
The Online Newsletter of the State Attorney's Office, 17th Judicial CircuitMay 2008

JAABLOG HYPOTHETICALS

Posted on May 06, 2008
                                 JAABLOG invites institutions of higher learning to utilize the following Ethics Hypotheticals in its curriculum:CASE STUDY ONE:DEFENDANT: Black Male...

MEDIA: MAY 6

Posted on May 06, 2008
SENTINELLaura Seidman Takes A BeatingTopix: Seidman"Broward Politics Blog" (Broke Seidman Story)Judge Shutter: Making A DifferenceJim Lewis Running, But Not For JudgeDAILY BUSINESS REVIEWThe "Name Game" In Broward and Miami Judicial ElectionsHERALDOur Opinion: Imprisoning Felons Comes At A High CostORLANDO SENTINELDOT Targets Judge Who Threw Out 7,000 Transponder TicketsCantero Talks About Quitting High CourtJQC Gives Aleman Treatment To Seminole JudgeTALLAHASSEE DEMOCRATCrist asks court for advice on judge60 MINUTESDallas County DA Does The Right Thing (thanks to "Anonymous")

ON THE HORIZON

Posted on May 06, 2008
                                                                                                                   2010 General Election                                                          Circuit Court Judges                           Aleman, Carney, Gates, Greenhawt, Imperato, Lebow, Luzzo,                                             O'Connor, Tieman-Bristol, Vitale, Williams                                                          County Court Judges                        Beller, Cowart, Dishowitz, Ireland, Lazarus, Pollack, Pratt, Robinson,                                                 Seidman, Shutter, Skolnik, Trachman              (Please post a comment if any 2010 courthouse public servants have been forgotten)

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.