Criminal Law

A NEW JUDICIAL LOW

Posted on March 13, 2009
Tongues have been wagging all week about a troubling issue out of the juvenile division.  This story is one that could have been avoided and must be immediately remedied for the future .On Monday, a juvenile in-custody defendant was forced to urinate in court, because no one was available to take him to the restroom...

TECHNICAL VIOLATION NOTIFICATION LETTER

Posted on March 13, 2009
The "Technical Letter" procedure for violations of probation is now in place in Broward County.  As first reported in October, 2008, Judge Holmes and the DOC's Thomas Sharrard developed the letter to replace the system of an automatic warrant being filed for a judge's signature on every violation...

JAABLOG'S ONCE UPON A TIME (COURTESY HOLLAND & NORMAN)

Posted on March 13, 2009
 "Let the Jury Decide!"As we were contemplating how to write up the most recent high profile overcharged Satz piece of garbage case filing since the Homeless Beating case, we found a beautiful JAABLOG'S ONCE UPON A TIME, all dressed up and delivered with a bow by our old friends Bob Norman and John Holland...

BSO NO LONGER TO SEGREGATE IC PROGRAMS

Posted on March 13, 2009
LETTER: Finkelstein to Lamberti "(On March 9th), we received word that the individuals in protective custody due to feminine characteristics will be receiving equal access to programs. Nevertheless, we continue to maintain that involuntary segregation of these individuals in unnecessary, wrong and hurtful...

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MONTHLY JURY TRIAL REPORTS FOR FEBRUARY 2009

Posted on March 13, 2009
February 2 thru February 27 2009 Data "obtained from the Clerk of Courts in the assigned divisions" and distributed by Jury Administration on a monthly basis to all Circuit and County Court Judges.*Jury must be sworn to count as a trial, whether or not a verdict is reached**If a judge is not listed, he/she did not preside over a trial in February*Circuit Court:Civil: 30 TrialsCriminal: 68 TrialsCounty Court:Civil: 5 TrialsCriminal: 10 TrialsDUI: 12 TrialsALEMAN: 1 Civil Trial/5 days/5 days avg days per trialBACKMAN: 6 Crim Trials/14 days/2...

4TH DCA 17TH CIRCUIT OPINIONS

Posted on March 11, 2009
*Stan's the Man*OPINIONS RELEASED 3-11-09Rothschild: Affirmed in Part; Reversed in Part     Levenson: AffirmedLevenson: We grant the petition for a writ of habeas corpus - manifest injusticeEade: Denied in part; Dismissed in part; and Redesignated and Affirmed in partCOMING ATTRACTIONS: JUDGE KAPLAN TELLS ASA TO APOLOGIZE TO DEFENDANT FOR LONG TERM LOCKUP WITH NO EVIDENCEWEDNESDAY MARCH 11The Governor's people interviewed the candidates  for Zack's seat on Tuesday; expect an announcement any minute now, if it hasn't been made already...

JAABLOG'S ONCE UPON A TIME

Posted on March 09, 2009
Part II in JAABLOG's series "Why Mike Satz stopped speaking to the press":PROSECUTOR FOR LIFE by Larry Keller SUNSHINE MAGAZINE July 7, 1996Copyright 1996 The Sun-Sentinel CompanyWhat is it that drives powerful prosecutor Michael J. Satz?It's a secret he's not sharing...

MONDAY NOTES

Posted on March 08, 2009
 "I gotta pick my nose, you're not gonna shoot me are you?"The comedic stylings of a very drunk out of custody defendant (pictured and quoted above) resulted in a weekend stay in the Broward County Jail.  Unlike the last time we reported on a hammered defendant, Friday's offender was loud, obnoxious, and thoroughly disruptive to the running of a very thick docket...

JQC CLEARS LABARGA

Posted on March 06, 2009
The JQC has cleared Supreme Court Justice Jorge Labarga of any wrongdoing in Labarga v. Kollin.Click the link for the JQC's letter.  Sorry Gary.  Pretty tough odds, but showing great courage taking on a 4th DCA/Supreme Court Justice.

"DO NOT RECORD"/ADIOS DEPOS?

Posted on March 06, 2009
BACDL's Adam Dougherty was kind enough to gather and provide the following information for all interested criminal defense attorneys:QUESTION:What numbers are currently registered by the Broward jails as "do not record" attorney phone lines? ANSWER:"All official bar listed phone numbers for all attorneys in Dade, Broward, and Palm Beach are captured, and therefore bypass the electronic recording system...

4TH DCA 17TH CIRCUIT OPINIONS

Posted on March 04, 2009

COFFEE TALK WITH SPENCER D. LEVINE

Posted on March 04, 2009

JAABLOG'S KITCHEN STINK

Posted on March 04, 2009

HEIDI BERKOWITZ FOR JUDGE

Posted on March 03, 2009

JAABLOG'S ONCE UPON A TIME

Posted on March 03, 2009

THE SEVENTEENTH

Posted on March 02, 2009

CLERKS v. JUDGES

Posted on February 28, 2009

FLPD QUOTA LAWSUIT

Posted on February 27, 2009

JAABCAM

Posted on February 26, 2009
1) DeHart and Thurston don't want to hear about some silly blog; 2) Press corps gears up for the Salesman trial; 3) Is it legal?; 4) Look what the cat killed and gave to Perry; 5) Roz in the house; 6) Glassman, Salesman, and Schwartzreich mid-trial.

JUDGE KAPLAN: "THIS IS CRAP"

Posted on February 26, 2009
 Judge Stanton Kaplan sets an exampleCop sees man sleeping by a shopping cart on the side of the road in Tamarac.  Cop orders man to come over to where he is standing.  Man objects, cop puts his hand on the man.  The man allegedly shoves the cop...

4TH DCA 17TH CIRCUIT OPINIONS

Posted on February 25, 2009
OPINIONS RELEASED 2-25-09Luzzo - Affirmed in part; Reversed in part and Remanded        Siegel - reverse denial of motions (CTS issue)Backman - Affirm 3.800(a)        NYT: Citing Cost, States Consider End to Death Penalty NYT Editorial: And Unequal Justice for Some (Immigration)NYT: An Immigration Attorney Is Accused of Being a Fraud, and His Clients Scramble for Help Congressman wants disgraced fed judge Kent impeached and stripped of retirementSentinel: PB corruption investigation (coming soon to a theater in Broward)Sentinel on Martinez disqualificationDBR: Should Florida end or alter mandatory retirement age for judges?"Broward Chief Circuit Judge Victor Tobin referred to the law as ?a double-edged sword...

FRIENDS OF "DOUBLE DOMER" RON DALLAS

Posted on February 25, 2009
 March 17, 1951- February 6, 2009Hello Friends-We would like to enlist your support in honoring the memory of our dear friend Ron Dallas with a lasting tribute on the University of Notre Dame campus (UND). We thought it would be special and appropriate to sponsor an outdoor bench near the Notre Dame Law School with a commemorative brass plate remembering Ron...

IT'S THAT TIME OF YEAR...

Posted on February 25, 2009
*SB 2020 - Public Officials/Salary/Bonuses (REDUCES JUDGES BY 5%)*Reduces the compensation of certain public officials for the 2009-2010 fiscal year. Prohibits the payment of bonuses to such persons. Provides for future legislative review.(Did somebody in Tallahassee decide The JAABLOG Challenge is good for everyone?)HB 383 - Discovery DepositionsProvides that discovery deposition may not be taken in case in which defendant is charged only with felony of third degree, misdemeanor, or criminal traffic offense when all other discovery provided by law has been completed; provides exception for good cause; requires trial court to consider certain factors before allowing deposition...

STRANGE BUT TRUE

Posted on February 24, 2009
Herald: Miami-Dade courthouse plaque apologizes for segregationWhile the Broward Criminal Courts maintain a statue of a man who wanted to exile all African-Americans

4TH DCA BACKS LEBOW

Posted on February 24, 2009
State v. Martinez "Even if we were to conclude that Weir and Gaines are not controlling and that extraordinary writ jurisdiction may be invoked to review an order entered after a criminal trial commences, we would deny the petition in this case because the trial court did not depart from the essential requirements of law...

JAABLOG'S ONCE UPON A TIME

Posted on February 24, 2009
IRON FIST by David Nickell XS Magazine October 19-25, Copyright 1994 Gold Coast Publications Inc.Michael Satz, the most powerful elected official in Broward County, inspires fear in defendants and employees alikeRun afoul of the law in Broward County - be it ignoring a stop sign or shooting your brother-in-law - and you will quickly discover the awesome power of a short, bald, humorless, middle-aged, little-known politician named Michael J...

THIS IS NOT A DRILL

Posted on February 23, 2009
 Oh, the humanity!The courthouse fire alarms are currently going off...this is not a drill...the cafeteria has definitely burned something as the halls are thick with a delicious bouquet of smoke...repeat, this is not a drill...UPDATE:At 12:35 the all clear sounds - "we have determined there is no emergency...

MEDIA 2/22

Posted on February 22, 2009
WA Post: SCOTUS to Debate Whether Convicts Should Be Guaranteed Access to Latest DNA TechniquesFirst ever trial of federal judge over sex charges starts todayNaked driver gets probation (TN)Law.com: Tough Cases Await U.S. Supreme Court Justices60 Minutes: Drinking Age Debate - 18 or 21? (Video)LA Times: Scientists' conduct leaves Spector's defense team vulnerable to criticismHerald: Aventura resident suing city over traffic camerasHerald: Driver in fatal Miami-Dade crash was cited 29 times in eight yearsHerald Opinion: Punish DUI drivers and bars that serve themHerald: Key charge against lawyer Ben Kuehne likely to be dismissedHerald: Mentally ill in jail in a new crisisMiami New Times: Dade Tries Out Jail/Hospital Combo for Mentally IllMiami New Times: Bad guys, party on! Three of Miami's best prosecutors are getting the boot (Rumpole)Sentinel: Art Marchetta v...

ANDY SIEGEL: WITNESS

Posted on February 20, 2009
The strange case of Kevin Bradley gets weirder.  Bradley, the man tased in open court while shackled and chained, is being prosecuted by the Broward State Attorney's Office for the incident.  Click the link for the transcript, PC Affidavit, newspaper articles, and background...

JAABLOG RUMOR MILL

Posted on February 20, 2009
Will Governor Crist ask for more names to be sent up to replace Judge Zack?We've heard the northern powers had anticipated Judge Zack's county court seat going to an African-American female.  Surprise, surprise, the local JNC sent up only one African-American, the decidedly male Mike Robinson...

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