Criminal Law

Jan 11 FLW HIGHLIGHTS

Posted on January 31, 2008
Note on citations:  An attorney went on a DCA's website to find an opinion and it was not listed on the day cited in my blurb.  I put the date of the FLW volume in my cites on these things, not the date of opinion.  I write these for my own research and it allows me to quickly find the written opinion in my FLWs...

4 on 17

Posted on January 31, 2008
Andrews              Affirmed                                         4D06-2124-Real Investments, LLC v...

NOTE TO DOCTORS AND DEFENSE LAWYERS

Posted on January 31, 2008
I had a client in court today, deemed Incompetent to Proceed, by two doctors.  He did not qualify for hospitalization.  The forms were in order to transfer him to Mental Health Court, when the ASA announced he could not stipulate to the reports...

MEDIA 1/30

Posted on January 30, 2008
DAILY BUSINESS REVIEW:JUSTICE SYSTEM FACING CRIPPLING CUTS:http://www.dailybusinessreview.com/news.html?news_id=46870GAG ORDER EASED IN TERRORISM CASE:http://www.dailybusinessreview.com/news.html?news_id=46858SENTINEL:IMPERATO BARS MEDIA FROM HOMELESS BEATING CASE:http://www...

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19TH JUDICIAL CIRCUIT EXPERIENCES TRUE LEADERSHIP

Posted on January 30, 2008
 Chief Judge William L. Roby "TREASURE COAST JUDGES SWITCH COURTS FRIDAY"BY JOE CROFT CorrespondentMonday, January 28, 2008 © 2008 The E.W. Scripps Co.http://www.tcpalm.com/news/2008/jan/28/30judges-switch-courts-friday/Treasure Coast judicial assignment changes taking effect Friday will provide new faces on the benches in a number of 19th Judicial Circuit courtrooms...

NEW YORK TIMES FEATURES WAYNE SPATH

Posted on January 30, 2008
 (NYT)NEW YORK TIMES:"ILLEGAL GLOBALLY, BAIL FOR PROFIT REMAINS IN U.S." (1/29):http://www.nytimes.com/2008/01/29/us/29bail.html?_r=1&scp=2&sq=liptak&st=nyt&oref=slogin FORT LAUDERDALE, Fla. ? Wayne Spath is a bail bondsman, which means he is an insurance salesman, a social worker, a lightly regulated law enforcement agent, a real estate appraiser ? and a for-profit wing of the American justice system...

FORMER ASSISTANT PUBLIC DEFENDERS MAKE GOOD

Posted on January 30, 2008
                                       MIKE GLASSER IN THE CHIPS/GINGER MIRANDA HONORED BY THE BARPOKERPAGES...

JAABLOG BAD LIEUTENANT AWARD

Posted on January 30, 2008
                                                                         This month's Bad Lieutenant Award given to Fort Pierce Police Officer Dwight Toombs...

CASES - Civil

Posted on January 30, 2008
Torts -- Negligence -- Slip and fall -- Action by plaintiff who fell from ladder in his own house while he was providing a glass of water to satellite system installer against installer and his employer -- Summary judgment was properly entered in favor of defendants because there is an absence of a legal relationship that gives rise to a duty of care upon which plaintiff could recover against defendants -- Defendant, by requesting that plaintiff climb the ladder, did not assume a duty to provide for plaintiff's safety and security in climbing the ladderReported at 33 Fla...

CASES

Posted on January 30, 2008
Criminal law -- Attempted murder -- Assuming information charged defendant with attempted felony murder, he was not charged with non-existent crime in light of Section 782.051, Florida Statutes, which makes ?attempted felony murder? a crime, and thus no fundamental error occurred as result of a conviction for a non-existent crime -- Although the conviction of a crime not charged in information may be a denial of due process and fundamental error, information charging defendant included statutes which set forth crimes of both attempted premeditated murder and attempted felony murder -- State provided defendant with sufficient notice to prepare his defense, and any defect in information did not prevent defendant from a defense at trial -- Robbery with weapon -- Evidence was insufficient to sustain conviction for robbery with a weapon where state's circumstantial evidence that a robbery occurred consisted of victim's testimony that he possessed a wallet containing $17...

$26,000 REWARD

Posted on January 30, 2008
REWARD POSTER FOR RICHARD'S KILLERS:http://media.miamiherald.com/smedia/2008/01/30/13/Homicide_of_Richard_Entriken1.source.prod_affiliate.56.pdfHERALD:http://www.miamiherald.com/466/story/399643.htmlSENTINEL:http://www.sun-sentinel.com/news/local/broward/sfl-130reward,0,108301...

JAABLOG WELCOME

Posted on January 29, 2008
LEAVE ALL FIELDS BLANK IF YOU WOULD LIKE TO POST YOUR COMMENTS ANONYMOUSLY(except the security code; it stops spam, and is the only required field)

COFFEE TALK WITH GOVERNOR CRIST

Posted on January 29, 2008
  Charlie CristDISCUSS: WOULD CATEGORIZING SMALL AMOUNTS OF PERSONAL USE COCAINE A MISDEMEANOR CURE                 MANY OF THE PROBLEMS FACING FLORIDA'S CITIES AND CRIMINAL JUSTICE SYSTEM?"TALK AMONGST YOURSELVES"

BACDL GALKIN AWARD CEREMONY

Posted on January 29, 2008
 H. Dohn Williams and Chuck MortonWHAT: BACDL DINNER HONORING THIS YEAR'S HARRY GALKIN AWARD WINNER, MR. H. DOHN WILLIAMSWHERE: THE TOWER CLUBWHEN: WEDNESDAY, MARCH 5, 2008 at 5:30 PMRSVP: ERIC SCHWARTZREICH, PRESIDENT BACDL, BY FEBRUARY 25th (954-525-8000)COST: PD/SAO: $85...

THE MISSED DIS-JUSTICE SYSTEM by Norm Kent

Posted on January 29, 2008
                                                   FROM THE DESK OF NORM KENT:I have spent the last few months watching the first appearance and magistrate process inaction...

FUNERAL: THURSDAY 5-9

Posted on January 29, 2008
RICHARD'S FUNERAL:Fred Hunters: 2401 South University Drive,  Davie, FloridaTHURSDAY, JANUARY 31, From 5 to 9pm, SERVICE AT 7:00 PMFor further information: 954-989-1550.

47 APPLICANTS FOR DAMOORGIAN'S SEAT

Posted on January 29, 2008
                                                  MESSAGE FROM RICHARD ZADEN, CHAIRPERSON OF THE 17th CIRCUIT JNC:We'll meet for a first round of pre-interview deliberations on February 7...

GAG ORDER ISSUED IN HOMELESS BEATING CASE

Posted on January 29, 2008
 Cynthia ImperatoJudge Imperato issued a gag order in the Homeless Beating Case.  You won't hear a peep from Gottlieb, Kroll, Halpern, Holden, Cavanagh, or the police, from this point on.  Some depos have been sealed, and the Judge will decide whether or not to allow the press to report on the alleged DVD confession of Ammons that may implicate the other defendants...

PUBLIC DEFENDER'S OFFICE SCORES MASSIVE VICTORY

Posted on January 29, 2008
                                                                          FINKELSTEIN, CUDDIHY, WEEKES, PERLMAN, ANDRE, AND MCLAWRENCE SPEARHEAD              COMMUNITY WIDE EFFORT TO SECURE JUVENILE PROSECUTION OF 12 YEAR OLD BOY                                                               THE QUESTION:                    SHOULD THE CHILD ACCEPT THE OFFER IN LIGHT OF QUESTIONABLE EVIDENCE?SENTINEL:LAUDERHILL BOY OFFERED PLEA DEAL:http://www...

THE TWISTED SAGA OF EDWIN SANCHEZ

Posted on January 29, 2008
                                                        Ana Gardiner              Eileen O'Connor                            Al LambertiI have had more than my share of trouble with Court Deputy Sanchez over the years, dating back to my time as an Assistant Public Defender in Judge Gardiner's division, where Sanchez was assigned...

JAABLOG PRESENTS: "You Make The Call"

Posted on January 29, 2008
                                                                 Attorney Kathleen Achille                    Judge Marc Gold                                                    ACHILLE vs GOLD                                                                                                                      YOU MAKE THE CALL!ACHILLE LETTER TO GARDINERTRANSCRIPT OF SIDEBAR PROCEEDINGS

CHIEF JUDGE TOBIN'S STATE OF THE CIRCUIT SPEECH

Posted on January 29, 2008
 Vic TobinState of the Judiciary Report for the 17th Circuit for the Young Lawyers' Luncheon:http://www.17th.flcourts.org/CJ-YLSpeach.htm

BROWARD BENCH & BAR LUNCHEON FEBRUARY 19th

Posted on January 29, 2008
   (DBR PHOTOS)              Dale Ross                        Thomas Lynch IV                     Jay SpechlerWHAT: Broward County Bar Association Bench & Bar Luncheon honoring former Chief Judge Dale Ross, former Administrative Judge for the Circuit Civil Division Thomas Lynch IV, and former Administrative Judge for the County Courts Jay Spechler, for their service to Broward County...

Gathering For Richard Tonight At 9:00

Posted on January 27, 2008
                First Step Sober House will be holding its regularly scheduled Twelve Step Meeting tonight.                      They are hoping that Richard's friends, colleagues, and supporters attend as well...

A LITTLE BIT ABOUT RICHARD

Posted on January 27, 2008
Everyone knows Richard from his great work with 1st Step Sober House, but most folks probably don't know about his incredible past.  Richard, 58, was born in the Richmond District of San Francisco, minutes from Haight-Ashbury, undoubtedly the right place at the right time...

RICHARD ENTRIKEN MURDERED

Posted on January 27, 2008
                                                                                                1st Step Sober House Founder Richard Entriken                        "Richard's dream will be kept alive...

SUPREME COURT CONSIDERS RULE CHANGE

Posted on January 25, 2008
                                                                                      PROPOSED CHANGE TO FLORIDA RULES OF JUVENILE PROCEDURERULE 8...

4 on 17

Posted on January 24, 2008
Stanton Kaplan -  Affirmed   4D06-1046-Ramkhalawan v. StateMichael Kaplan - Reversed for new trial  4D06-3745-Reid v. StateSusan Grennhawdt - Reversed & remanded  4D06-4036-Perez v. PerezCheryl Aleman - Reversed & remanded  4D06-4629-State v...

JAABLOG DAILY AFFIRMATION

Posted on January 24, 2008
                                                                                                           Judicial Therapist Stuart Smiley                           "I'm good enough, I'm smart enough, and doggone it, people like me...

WHEN YOU JUST CAN'T STOP

Posted on January 23, 2008
                                          1-888-ADMIT-IT                                                   24 hour Confidential Help                   Gambling addiction permeates all professions

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