Criminal Law

WEDNESDAY NOTES/4TH DCA

Posted on September 16, 2009
4TH DCA BROWARD OPINIONS RELEASED 9-16-09Bidwill - Reversed and remanded (Williams Rule Issues)        Avalos - Affirmed in Part, Reversed in Part, and Remanded (Botched Jury Instructions)O'Connor - Affirmed (Post-Conviction Relief)        Speiser - Affirmed in part, reversed in part, and remandedLevenson - Affirmed in part; Reversed in part; and Remanded (Insuffct...

TUESDAY

Posted on September 15, 2009
Is fund raising different than contributing? - Click here for Bob Norman's reporting on a story that's near and dear to our hearts (for obvious reasons).  Bob nails it, as do all the other good people involved in the story, who quickly handle an uncomfortable little scenario like the pros they are, except for maybe a little hiccup coming with the Judge's Order ...

MONDAY NOTES

Posted on September 14, 2009
   On the warpath: Satz vents after recent rash of bad publicityViolent crime down, property crime up - Click here for the Sentinel's reporting on the most recent FBI crime stats.  After spiking during the first half of the year, violent crime ended up dropping in Broward, as it did in neighboring counties (Broward was the only place violent crime went up during the first half of 2008)...

SURPRISE, SURPRISE: GUILTY COPS GET A FREE PASS

Posted on September 09, 2009
 Did you know Judge Imperato worked as a police officer once upon a time?Police Officers Emanouel Legakis and Miranda Decker were sentenced today.  Found guilty by jury of one felony count of Official Misconduct, Judge Imperato withheld adjudication and sentenced them each to a year of administrative probation (no in-person reporting required)...

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JAABCAM

Posted on September 09, 2009
1.) Colleagues Bill Scherer and David Di Pietro on their way to court this morning, in the matter of Kasler v. Seidlin (David is an SAO alum); 2.) Carmel's on the case. Seidlin's attorney Russell Adler interviewed by Channel Seven's Cafiero, after the hearing...

WEDNESDAY NOTES

Posted on September 09, 2009
 Diane Cuddihy, Real Life HeroCounty Commission meeting tomorrow - The following message is from BACDL President Russell Williams:Thursday, at 5 pm, is the Commission meeting regarding the Sheriff's budget.  The Sheriff has submitted a budget to the county which DOES NOT include any funding for jail treatment programs...

LEOPARDS NEVER CHANGE THEIR SPOTS

Posted on September 06, 2009
                                                     Banality on Tour - Campaign '76 (Satz's Ford Pinto not pictured)Miami Herald: Caravella case is among string of bogus convictions" ...

CARNEY RESPONDS/MISSING SCRIPT/SAO NEWSLETTER

Posted on September 04, 2009
The following is a purported communication from Judge Robert Carney, posted under "Off the Chain!" at 10:29 this morning:    "While I don?t ordinarily contribute to this blog, I feel it might be appropriate to set some facts straight...

OFF THE CHAIN!

Posted on September 03, 2009
CORRECTION - Public Defender Howard Finkelstein let us know in no uncertain terms today that Anthony Caravella, sentenced to prison twenty-five years ago on what looks to be a faulty conviction, did not appear before Judge Rob Carney during his murder trial...

JAABCAM

Posted on September 03, 2009
1.) Statewide Prosecutor Oscar Gelpi and BACDL's Teresa Williams forget they're locked in mortal combat long enough to have their picture taken; 2.) It's official - Broward formally secedes from the Union.  Having ditched the U.S. and Florida Constitutions years ago, the U...

WEDNESDAY NOTES

Posted on September 02, 2009
4TH DCA 17TH CIRCUIT OPINIONS RELEASED 9-2-09Tuter - Convictions Affirmed; Sentences Vacated and Remanded for resentencing before a different judge... at sentencing the trial court expressly considered (Defendant's) protestations of innocence and failure to show remorse in determining what sentence to impose...

LUCKY LARRY RUNNING OUT OF LUCK?

Posted on September 01, 2009
 Uh oh, better get Maaco ...We're told Larry Seidlin isn't out of the woods just yet.  Apparently, the family of Barbara Kasler have enlisted the biggest gun around to pursue the Judge civilly.  That's right, Bill Scherer has reportedly been retained to OJ Larry after the criminal complaints didn't stick...

YESTERDAY'S PAPERS

Posted on August 30, 2009
Judge Bober busted a young female Defendant doing the nod in court last week.  Apparently, she was so out of it even the hard to infuriate Bober felt the need to take her in, after she tested positive for some trank like substances that would make Keith Richards woozy...

SWINE FLU SCARE AT THE SAO

Posted on August 27, 2009
Concerned ASAs are buzzing about a recent H1N1 Virus scare at the SAO.  Here's the email that went around from Satz's right hand man Monica Hofheinz, addressed to "All SAO Units", on August 17, 2009 at 5:07 PM:We were just made aware today that an employee of this office was diagnosed with the H1N1 Virus (Swine Flu)...

JAABCAM

Posted on August 27, 2009
1.) Lawyers and defendants at the West Satellite appear before both Judge Feld and the State.  This picture of ASA Monica Benitez in the witness box was taken before court today.  Sure enough, after the "All Rise!", the young ASA stayed put and prosecuted from stage left, complete with clever comments about which case the judge should call next...

SOMETHING IN THE WATER AT BSO?

Posted on August 25, 2009
Grady and Bleiweiss may have company soon.  Another male BSO Deputy is being accused of fondling another man during a "pat down".  Apparently, the inappropriate search included deep inside underwear territory, complete with some highly suggestible comments about "weapons"...

STATE BACKS DOWN

Posted on August 24, 2009
Details are sketchy, but the State has apparently backed off its position to no longer offer substantial assistance in Judge Carlos Rodriguez's division.  We're told they filed some sort of pleading, which we'll post as soon as we get it.  We'll also try to get a comment from ASA John Gallagher, although we're pretty sure it'll start with an "F" and end with the word "off".

SEIDMAN SAYS "NO" TO FAULTY INTOXILYZER

Posted on August 21, 2009
Judge Lee Seidman issued a strongly worded order this morning granting defense motions to suppress breath test results ("The Veiga Motion").  He is the first judge to rule of the roughly fifteen who sat en banc to hear the issues (twelve county court and Gold, Murphy and Towbin-Singer from the Circuit...

WEDNESDAY NOTES

Posted on August 20, 2009
OPINIONS RELEASED 8-19-09A lot of boring post-conviction relief stuff this week, except for the 4th backing up the PD against Judge Levenson trying to appoint them to represent a witness in a murder case (see prior reporting on JAABLOG for background)...

SCRAPING AWAY THE VENEER ONE DAY AT A TIME ...

Posted on August 18, 2009
Re-elect Democrat Michael Satz Copyright © 2000 South Florida Sun-SentinelThe only time Broward County State Attorney Michael J. Satz has faced opposition was the first time he ran for office 24 years ago.  This year, he's being challenged in the democratic primary by a political newcomer, Adam Balkan, 31, a former assistant state attorney who worked for Satz...

JAABCAM

Posted on August 17, 2009
1.) Time, Newsweek, and now JAABLOG.  Prison reform advocate Bob Butterworth finally snares the media triple crown; 2.) speaking of media, here's John DeGroot and Howard Finkelstein.  Be sure to check out Stupid Journalism Tricks #1  over at John's blog, where he's been busy crunching numbers and coining phrases like "Satzspin bullshit"; 3...

HERE WE GO AGAIN ...

Posted on August 17, 2009
The JNC process is gearing up again to fill the vacancy created by the resignation of Robert Carney.  The JNC has until Tuesday, October 13th to supply the names to the Governor to fill the spot, before Carney's retirement begins on December 31st, 2009...

THE GALLAGHER & COHEN TRANSCRIPTS

Posted on August 13, 2009
Click here for the transcript detailing ASA Gallagher's problems in Judge Carlos Rodriguez's division.  The original blow-up had something to do with a case ASA Eva Solomos was handling, whereby a "meeting of the minds" on a substantial assistance agreement never happened, meaning the defendant was stuck with a fifteen year minimum mandatory prison sanction...

4TH DCA 17TH CIRCUIT OPINIONS - ANA STRIKES AGAIN

Posted on August 12, 2009
OPINIONS RELEASED 8-12-09Gardiner - Reversed for a new trial (how's the promotion to civil going Ana?)" ... Defendant was charged with capital sexual battery. After an extensive pretrial period, the State disclosed its expert for the second aspect of the DNA evidence only on the first day of trial...

KING CASE DROPPED

Posted on August 11, 2009
As predicted, the SAO nolle prossed Michael King's case a few minutes ago. King gets to go homeless again, and Bleiweiss has to keep his jail clothes on, as reported earlier today by the Sentinel.

MORE SAO BRADY PROBLEMS

Posted on August 11, 2009
The hearing on the aggregated DUI Motions is already bearing fruit.Details are sketchy, as we are still awaiting the transcript from part one of the hearing on July 31st (part two commences on August 18th).  This is just what we're hearing at this point...

We're Back ...

Posted on August 10, 2009
Our email is chock full of Anonymous Tips, so please be patient while it's all sorted out.  It's no fun climbing back on the horse after a nice break, but here goes ..."Boy the way Glen Miller played" ... tongues were wagging last week after Judge Dale Cohen held an evidentiary hearing on this Motion To Recuse, filed by attorney Steve Melnick...

JAABCAM: BERMUDA!

Posted on August 10, 2009
1.) The Bermuda Parliament - a miniature version of the one in London.  The Parliament Chamber sits directly below (2.) the Supreme Court, on a hilltop in Hamilton (the accused sits or stands in the glass box in the middle foreground); 3.) Magistrates Court (our version of county court)...

MIRACLE OF MIRACLES! MERCER SKATES!

Posted on July 30, 2009
BILL SCHERER'S FORMER SON-IN -LAW GETS MISDEMEANORS! - remember back in May when Tony Mercer got popped for trafficking and possessing all sorts of nasty chemicals, carrying at least one minimum mandatory prison sanction?  Today we learned he escaped all felony charges...

4TH DCA 17TH CIRCUIT OPINIONS

Posted on July 29, 2009
OPINIONS RELEASED 7-29-09Gates - Reversed and remanded (State concedes their error)      Luzzo - Affirmed      Bidwill - Affirmed OPINIONS RELEASED 7-22-09O'Connor - Reversed and Remanded (suppression should have been granted)Grossman - Reversed and Remanded        Goldstein - Reversed and RemandedFrusciante - Appeal abated (the dead man's parental rights case)(Sentinel - In death, Broward father may become dad again)Aleman - no error by trial court       Eade - Reversed and remanded MEDIA: DBR's Inside Track on Jahra McLawrenceDominican-born attorney McLawrence runs for judgeship in FloridaDBR: Land offered to county for courthouse for $15 millionBroward Attorneys Fight Last-Ditch Battle To Save Treatment ProgramsCourt reporters are necessity in court system Sidestepping critics, Crist signs legislation designed to crack down on pain pill clinics A victory for court opennessChief federal judge Moreno exhibits humor, demands decorumCrist not consistent on judge nomineesUnlike Florida, Iowa reworked sex offender lawAttention Judge Gardiner: Hillsborough judge stars in Tru TV's new series Pet CourtHerald Editorial: Get rid of sex offender shantytown

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