Criminal Law

BACDL BASH

Posted on August 22, 2008
BACDL puts it in perspective                              The Broward Association of Criminal Defense Lawyers presents                                                    HAPPY HOUR AT THE JIB ROOM                                                     WEDNESDAY, AUGUST 27TH                               HAPPY HOUR ALL NIGHT/FREE FOOD/ALL ARE INVITED                     Deborah Carpenter-Toye's Jib Room is located at 2104 East Oakland Park Blvd...

FIRST APPEARANCE DIVISION NEARLY HERE

Posted on August 21, 2008
Hurleytime*DRAFT* *NOT FINAL* *DRAFT*DRAFT ADMINISTRATIVE ORDER ESTABLISHING FIRST APPEARANCE DIVISION

CASES

Posted on August 20, 2008
Criminal law -- Delivery of cocaine -- Possession of cocaine and cannabis -- Obstructing with violence -- Obstructing without violence -- Search and seizure -- Where officer observed an uninterrupted process that began with hand-to-hand contact between defendant and third party and ended with the transfer of cocaine from third party to a confidential informant in the officer's immediate presence; and officer testified that after hand-to-hand motion between defendant and third party, the third party's hand remained closed until he presented cocaine to the CI, there was probable cause to arrest defendant, despite fact that police did not see cocaine on defendant's person -- Error to grant motion to suppress  Reported at 33 Fla...

OSTROW SPEAKS

Posted on August 20, 2008
BOB NORMAN'S DAILY PULPOstrow: "I'm Getting Out Of The Race"Wed Aug 20 2008, at 07:06:22 PM Criminal defense attorney Gary Ostrow announced to the Pulp tonight that he is dropping out of the Broward Public Defenders race. "I'm not a politician so I'll just leave it for the politicans to do," said Ostrow...

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OSTROW OUT?

Posted on August 20, 2008
We're hearing Gary Ostrow may have dropped out of the race for Public Defender.  Stay tuned......

SNOW DAY

Posted on August 18, 2008
 Don't eat the yellow snowTROPICAL STORM FAY - SCHEDULE CHANGE ****   The 17th Judicial Circuit of Florida will be CLOSED Tuesday, August 19.

WHO'S GONNA GUARD THE HEN HOUSE?

Posted on August 18, 2008
                                                                                                                         Lemack                               Spechler                                             Next Sheriff?              Next BSO General Counsel?                                                     YOUR VOTE IS IMPORTANT!

HOBSON'S CHOICE

Posted on August 17, 2008
   (All Photos: DBR)          Pedro Dijols                        Mardi Levey Cohen                   Bernie BoberEver notice how some lawyers, whether Democrat or Republican, always contribute to the incumbent candidates?  It could be their best friend challenging, yet they will always pony up the bucks for the sitting judge...

FAY DAY

Posted on August 17, 2008
                                     The Courthouse will be closing Monday August 18 at 12 noon

WEEKENDER

Posted on August 16, 2008
Most Plaintiffs Who Reject Settlement Offers Do Worse at TrialThe gamble of going to trial doesn't pay off for most plaintiffs, according to a study of more than 2,000 civil suits from 2002 to 2005. Sixty-one percent of plaintiffs who turned down settlement offers ended up faring worse at trial, according to a New York Times story on the...

CASES

Posted on August 16, 2008
Criminal law -- Carrying concealed firearm -- Resisting officer without violence -- Error to deny motion for judgment of acquittal on firearms charge where state failed to prove that firearm in question had been concealed prior to its discovery by police -- No error in denying motion for judgment of acquittal on resisting charge where evidence was sufficient to establish that defendant was aware when he ran away that uniformed officer intended to detain him     Reported at 33 Fla...

Loan forgiveness program becomes law

Posted on August 15, 2008
THE NATIONAL LAW JOURNALLegal aid attorneys, state and local prosecutors and public defenders benefit.Marcia Coyle / Staff reporter August 15, 2008WASHINGTON ? President Bush today signed into law legislation expanding a student loan forgiveness program for students who become legal aid lawyers, state or local prosecutors, and public defenders...

20 YEAR MIN/MAN FOR ADDERLEY

Posted on August 15, 2008
                            

DBR PROFILES

Posted on August 14, 2008
"You probably will not see Circuit Judges Pedro Dijols and Dale Cohen sitting together and joking over coffee or lunch.That?s because one of Dijols? two challengers in the Aug. 26 election is Mardi Levey Cohen, Judge Cohen?s wife (She dropped the Cohen for the ballot...

MEDIA 8/14

Posted on August 14, 2008
 Jorge LabargaFLORIDA BAR NEWSEight names sent to the governor to fill two Supreme Court vacanciesST. PETERSBURG TIMESLike Father, Like SonDAYTONA NEWS-JOURNALReduce politicism in selection of Florida's judges "...Florida's process isn't as clean as it once was...

What's Going On At Becker & Poliakoff?

Posted on August 14, 2008
Eleven More....?Mismanagement? fuels Becker departures

4 on 17

Posted on August 14, 2008
DiJols    reverse - remand  4D07-1235-Koper v. StateTobin     reverse     4D07-2461-Cleveland Clinic Florida Hospital v. Karon Lamkin, LPNMKaplan    affirm   4D07-2494-Ochacher v...

COURTHOUSE LOSS

Posted on August 14, 2008
                                                             Brian BraistedBraisted, Brian, 57, of Coral Springs passed away August 11, 2008...

JUDGE STACY ROSS ACCEPTS NATIONAL PUBLIC SERVICE AWARD

Posted on August 14, 2008
                                                                 Tonja Haddad Coleman, Stacy Ross, Jacqueline HoldenFT...

Rumpole: Blogger/Public Defender

Posted on August 14, 2008
MIAMI NEW TIMESBlogger Rumpole Ruffles the Courts"Miami's criminal courthouse is abuzz with talk of a mysterious, irreverent blogger called Rumpole, an anonymous watchdog ? and also a public defender ? who keeps tabs on the justice system from the inside...

CASES

Posted on August 13, 2008
Criminal law -- Double jeopardy -- Separate convictions for driving under influence with serious bodily injury and leaving scene of accident with injury do not violate double jeopardy because only the DUI with serious bodily injury offense contains causation element -- Separate convictions of both DUI with serious bodily injury and driving without a valid license with serious bodily injury were improper where charges were based on one act of operating a vehiclein which only one victim was injured -- Conviction for driving without valid license with serious bodily injury reversed --Resentencing required on remaining offenses using corrected scoresheet     Reported at 33 Fla...

ISAAC HAYES

Posted on August 10, 2008
                                                                                                                                                 1942 - 2008

CASES

Posted on August 10, 2008
Criminal law -- Carjacking can occur even though defendant is not driving car -- Evidence that defendant jumped into victims' cars andn ordered them to drive and testimony by both victims that they followed defendant's instructions because they were afraid of what he might do if they did not comply was sufficient to support carjacking conviction  Reported at 33 Fla...

4 on 17

Posted on August 10, 2008
Lazarus    affirm 4D05-4847-Warthen v. State*Rothschild  affirm 4D07-1793.Grossman   reverse 4D07-2273-Provenzano v. ProvenzanoGates    reverse-remand  4D08-1258-Andrew v. StateM.Kaplan   petition granted  4D08-3114-Dixon v...

DOES HILLARY KNOW BEST?

Posted on August 09, 2008
                                                            There has been escalating talk recently as to whether Obama or McCain were qualified to be President under the Natural Born Citizen requirement in Article 2...

CASES

Posted on August 09, 2008
Criminal law -- Aggravated stalking -- False report of bomb -- Aggravated stalking conviction can be predicated on both non-criminal and criminal behavior -- No merit to defendant's argument that aggravated stalking conviction could not be predicated upon conduct made criminal by other statutes    Reported at 33 Fla...

ATTORNEY IN THE SPOTLIGHT

Posted on August 08, 2008
                  Clients Accuse Lawyer Of Taking Payments, Doing Little"I'm scared to death about what's going to happen to my life, my son's life," said a sobbing Melany Farooq...

The Miami Herald recommends

Posted on August 08, 2008
FOR BROWARD COUNTY PUBLIC DEFENDERBroward County Public Defender Howard Finkelstein breezed into office unopposed in 2004, when he took over the post long held by Alan Schreiber. Mr. Schreiber was an effective but controversial public defender who spent thousands of dollars on consultants, nutrition seminars, fancy furniture and happy-hour daiquiris in his office...

COURTHOUSE LOSS

Posted on August 07, 2008
 The Honorable Harry Glenn Hinckley, Jr.Hinckley, The Honorable Harry Glenn, Jr., of Ft. Lauderdale, FL passed away on Monday, August 4, 2008 at his residence. He is survived by his beloved wife Suzan Hinckley; son William P. Hinckley of Glendale, CA; daughter Erin H...

SUMMER BREAK

Posted on August 06, 2008
                                                                                                              Circuit Judge Matt Destry                 JAABLOG RETURNS SHORTLY WITH NEW, UNIMPROVED CONTENT

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