Criminal Law

IT'S ON: CONWAY V. FLORIDA BAR

Posted on March 06, 2008
                                    VS.                                        Attorney Sean Conway                 Francisco Angones                                     Free Speech Advocate                 Florida Bar PresidentI spoke to Fred Haddad earlier today...

TURN AND FACE THE STRANGE

Posted on March 05, 2008
FROM MIAMI'S JUSTICE BUILDING BLOG:"COURT CRISIS CONTINUES":GOODBYE TRAFFIC MAGISTRATESGOODBYE SENIOR JUDGESGOODBYE "ACTING" CIRCUIT COURT JUDGES

Summer's heat - is on its way....

Posted on March 04, 2008
                                                                                                                                                  

THE SEVENTEENTH

Posted on March 04, 2008
THE ONLINE NEWSPAPER OF THE STATE ATTORNEY'S OFFICE, 17th JUDICIAL CIRCUITMARCH, 2008

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JAABLOG RUMOUR MILL

Posted on March 03, 2008
           In the wake of Judge Zack's rebirth, we hear a strong buzz around the hallways that everyone's favorite, Judge Larry Seidlin, will also soon join the ranks of the exonerated.  Great news for our Larry, who should hit the airwaves shortly thereafter...

JUDGE ZACK CLEARED BY MIAMI SAO

Posted on March 03, 2008
SAO CLOSEOUT MEMO(scroll down; first page is blank)

BROWARD BAR AWARDS

Posted on March 03, 2008
           Lynch, Ahearn, Spechler, Ross, Cowart, and Skolnik congratulate each other on a job well done

TAKE THE JAABLOG PLUNGE

Posted on March 02, 2008
                                                                                                                        SLIMED                     JAABLOG is an open forum...

Media - March 1, 2008

Posted on March 01, 2008
Without transport, some probation offenders set free - Local law enforcement officials say they don't have the time or money to keep doing the job, and state corrections officials say they're not ready to take over the task.Florida legislators cut deal to keep judicial system afloat - The state is confronting its worst budget crunch in decades, stemming from a stalled housing market and weakening economy that forced $1 billion in cuts to the current state budget last October...

CASES

Posted on March 01, 2008
Criminal law -- Trafficking in cocaine -- Confrontation of witnesses -- Where state called witness and asked him questions about statements incriminating defendant, knowing that the witness would invoke his Fifth Amendment right not to answer the questions, defendant's right to confront witnesses was violated -- State's questions of witness created impression for jury that there was incriminating evidence against defendant, and defendant was unable to overcome this impression through cross-examination because witness would not testifyReported at 33 Fla...

CASES

Posted on February 29, 2008
Criminal law -- Possession of cocaine with intent to sell or deliver within 1000 feet of church -- Possession of less than 20 grams of cannabis -- Constructive possession -- Error to deny motion for judgment of acquittal on counts charging possession of cocaine and cannabis where drugs were found in baggies which were concealed in ceramic house on kitchen counter of residence jointly occupied by defendant, his girlfriend, and girlfriend's children and state did not present sufficient evidence to show beyond reasonable doubt that defendant knew of presence of drugs and had ability to exercise dominion and control over themReported at 33 Fla...

ONE IN A HUNDRED

Posted on February 29, 2008
The following excerpted article was published by Rumpole Thursday on the Justice Building Blog.  Leave it to the folks in Miami to sum up what's going on in Broward better than any of us.  Thanks, as always, to Rumpole and friends.ONE IN A HUNDRED: BROWARD DOES THEIR PARTby RUMPOLEOne in a hundred americans is in prison or jail, and here's why Broward is helping to keep that number high:The Broward Blog contains the welcome news that Broward Attorney Valerie Small-Williams was acquitted of the misdemeanor charge of failure to obey a police officer...

NORM KENT FOR NORML

Posted on February 29, 2008
                                                                                                              AFTER ALL THESE YEARS                                            PUSHING 60 WITH POT                                                 by NORM KENT I am close to being a senior citizen...

Free McDonald's McSkillet Burrito (Breakfast Only)

Posted on February 28, 2008
                                                                        McDonalds on 2/28 and 2/29/2007 is offering a free McSkillet Burrito during breakfast hours with a purchase of a medium or large drink...

JAABLOG PRESENTS: "You Make The Call"

Posted on February 28, 2008
                                                                                                                                                ATTY STEVEN SCHAET   VS   JUDGE ROBERT LEE                                                                                                                                        YOU MAKE THE CALL!STEVEN SCHAET WRITES:Here is a situation I have come across which I find tough to stomach...

CASES

Posted on February 28, 2008
Criminal law -- Attempted second degree murder with firearm -- Sentencing -- Vindictiveness -- Resentencing following successful appeal of trial court's order summarily denying rule 3.850 motion for post conviction relief -- Trial court erred in increasing the length of sentence by three years with no independent legal basis or identifiable conduct by defendant as basis for the increase, notwithstanding fact that increased sentence was an attempt to achieve a sentence equivalent to previously imposed sentence by taking possible gain time reductions into consideration -- Conflict certified -- Court notes that its holding is not that there was actual vindictiveness, but that presumption of vindictiveness was not overcomeReported at 33 Fla...

NOT GUILTY!

Posted on February 28, 2008
 Valerie Small-WilliamsAttorney Valerie Small-Williams was acquitted of the misdemeanor charge of failure to obey a police officer today at 6:34 before Judge Leonard Feiner.Val had been stopped outside the gates of her home in Pembroke Pines for speeding in her Jaguar...

4 on 17

Posted on February 28, 2008
O'Connor         Affirmed                4D06-3975-Whitingham v. State*Fogan              Reversed              4D07-251-Kositsky v...

CASES - Civil

Posted on February 27, 2008
Civil rights -- Qualified immunity -- Crime lab officials and employees were entitled to qualified immunity in connection with testing of plaintiff's blood samples to determine his blood alcohol level because facts alleged by plaintiff, viewed in light most favorable to him, do not show violation of constitutional rights -- Plaintiff alleged that state crime lab officials and employees violated his Fourth and Sixth Amendment rights by failing to reveal retest results, which showed blood alcohol concentration below ...

CASES

Posted on February 27, 2008
Criminal law -- Double jeopardy -- Probation -- Modification -- Imposition of electronic monitoring device as an additional condition of probation after conclusion of sentencing hearing violated Double Jeopardy Clause where monitoring device was not statutorily mandated -- Previous conviction of lewd or lascivious exhibition did not require trial court to impose electronic monitoring as condition of probation under section 948...

Aleman asks Supreme Court not to Publicly reprimand her

Posted on February 27, 2008
The judge's lawyers, Dave Bogenschutz and Perry Hodges, wrote that Alemán is "a judge with a teachable spirit who earnestly wanted to make the right decision in light of a difficult constellation of facts and circumstances."                                   Broward judge seeks leniency for 'arrogant, discourteous' behavior 

FACDL Oral Argument defending Petition Quo Warranto argued this morning

Posted on February 27, 2008
                              Charles J. Crist v. Florida Association of Criminal Defense Lawyers, Inc.Clearly the Supreme Court did not seem too sympathetic...

A federal judge has closed portions of Miami's downtown courthouse

Posted on February 27, 2008
                                                                               MOLD                                                        Mold Threatens Miami Courthouse; basement 'disgusting'...

JAABLOG BUDGET CRISIS VIGIL

Posted on February 26, 2008
                                                                                 DAYS SINCE THE JAABLOG CHALLENGE WAS OFFERED: 1                              NUMBER OF JUDGES THAT HAVE OFFERED A SMALL PORTION                                   OF THEIR SALARY TO SUPPORT THEIR ASSISTANTS: 0

Break-in officers-Jason Maldonado, Richard Rivera and Jeffrey Jenkins

Posted on February 26, 2008
                                                      Three police detectives were ordered to undergo extra training after they broke into an apartment by prying the lock with a knife ? without an arrest warrant...

TAKE THE JAABLOG CHALLENGE

Posted on February 25, 2008
                                                                                                             Charity Starts at HomeJAABLOG challenges all members of the Florida Judiciary to donate 5% of their pre-tax earnings to their local court administration budgets...

COURTHOUSE FANTASY BASEBALL LEAGUE

Posted on February 25, 2008
                                                                            It's that time again, baseball is right around the corner...

SOUTH OF THE BORDER

Posted on February 24, 2008
Rumpole published an insightful piece Sunday morning, authored by an anonymous Miami Assistant State Attorney and an Assistant Public Defender.  It is powerfully written and excerpted below.  Thanks, as always, to Rumpole and friends at The Justice Building Blog...

CASES

Posted on February 22, 2008
Criminal law -- Attempted premeditated murder -- Aggravated battery with deadly weapon -- Separate charges based on single stabbing of victim -- Jury instructions -- Self-defense -- Forcible felony exception -- It is error for trial court to read forcible-felony instruction to jury where defendant is not charged with independent forcible felony -- Erroneous reading of this instruction constitutes fundamental error only when it deprives defendant of a fair trial -- District court properly concluded that fundamental error did not occur during defendant's trial -- Erroneous instruction did not deprive defendant of fair trial in view of fact that self-defense was not the only strategy pursued by defendant and defendant's claim of self-defense was extremely weak     Reported at 33 Fla...

CASES

Posted on February 21, 2008
Criminal law -- Aggravated fleeing or eluding an officer -- Judgment of acquittal -- There was insufficient evidence of driving at ?high speed? or with ?wanton disregard? for safety of persons or property, while fleeing or eluding an officer with lights and siren activated, to support conviction of aggravated fleeing or eluding an officer, where officer testified that he did not have lights and siren on during most of pursuit -- Error to deny motion for judgment of acquittalReported at 33 Fla...

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