Criminal Law

CARLTON MOORE EVENT

Posted on August 06, 2008
Thursday, August 7th 2008 5:00pm VIP Reception*** with Jorge Perez 6:30pm General Admission*** Event Host Committee   ALAN LEVY                              BOB MOSS                      JOSE ?PEPE? LOPEZ                     JOE HARRIS BARBARA G...

CASES

Posted on August 04, 2008
Criminal law -- Counsel -- Appellate -- Ineffectiveness -- Appellate counsel was not ineffective for failing to challenge imposition of minimum mandatory term based on jury's finding that defendant had discharged a firearm during commission of his crime -- Appellate counsel was ineffective for failing to pursue a claim that trial court erred in enhancing defendant's conviction for third degree murder, a second degree felony, to first degree felony based on use of firearm, and in imposing sentence accordingly -- Issue could have been raised by rule 3...

CASES

Posted on August 02, 2008
Criminal law -- Aggravated assault with firearm -- Evidence -- Hearsay -- Former testimony -- No abuse of discretion in allowing into evidence the deceased victim's testimony from defendant's adversarial preliminary hearing -- Testimony met all requirements for admission as ?former testimony? -- Victim was no longer available, testimony was taken at preliminary hearing involving charges against defendant, and identification of perpetrator was at issue at trial and at preliminary hearing -- Confrontation of witnesses -- Victim's preliminary hearing testimony satisfied strictures of Crawford v...

Controlling News

Posted on August 02, 2008
Obama's global tax A plan by Barack Obama to redistribute American wealth on a global level is moving forward in the Senate...U.S. Intel: Iran plans nuclear strike on U.S. Iran has carried out missile tests for what could be a plan for a nuclear strike on the United States...

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MEDIA 8/1 (Dijols, Goldenberg & Sanchez)

Posted on August 01, 2008
SENTINELDijols Gets The NodGoldenberg gets the Group 34 nodSanchez FiredTopix: SanchezSanchez Termination Form (pdf)"Please don't kill me, Leisa": One Stinking Hot Satz and Bogenschutz Blue Plate Special Coming UpNo Broward Double Standard Here: Coker Pressing Charges Against SonHERALDHire more public defender lawyers"How is it that so many wrongful convictions occur? The principal reasons include:1) Erroneous eyewitness identification: ``I'll never forget that face!''2) Incompetent and dishonest forensic experts: ``The blood, hair, fingerprint, etc...

4 on 17 (7/30/08)

Posted on August 01, 2008
Speiser - Affirm/Reverse/Remand     Gates - Reverse/Remand     Goldenberg - AffirmZeidwig - Reverse/Affirm/Remand     Newman - Reverse/Remand     Rosenberg - Affirm/Reverse/RemandBirken - Affirmed     Henning - Reversed     Andrews - Affirm     Rothschild - ReversedAramony - Reversed     Gardiner - Reverse/Remand     Backman - Remand     Weinstein - Reverse in Part/Remand     Dijols - Affirm     O'Connor - Affirmed     Moe's Order Quashed re County Judge Murphy's DisqualificationRothschild - Affirmed     Carney - Reversed (Maraj v...

CASES

Posted on July 31, 2008
Criminal law -- Plea to armed robbery and attempted felony murder must be overturned because facts do not support armed robbery charge, which was based on defendant's use of an automobile as a weapon -- Appeals -- In those cases where the record affirmatively demonstrates the crime to which defendant pled guilty could not have occurred, fundamental error occurs -- Right to appeal not waived by entry of negotiated plea under circumstances of this case in which both charging information and factual basis presented to support the plea affirmatively demonstrate that the crime to which defendant pled could not have taken place -- Trial court may either enter conviction for simple robbery and resentence defendant as to that count or allow defendant to withdraw plea and face trial on original charge, minus the armed component of the robbery -- State shall have option of determining how to proceed on remand - Reported at 33 Fla...

Cases-Civil

Posted on July 31, 2008
Torts -- Negligent infliction of emotional distress -- Impact rule -- Action brought against retailer following abduction of plaintiff from retailer's parking lot -- In granting summary judgment in favor of defendants on basis of impact rule, trial court erred in focusing on whether physical injury occurred as opposed to considering whether issues of material fact existed concerning whether plaintiff had been touched during her abduction -- For plaintiff to have endured a contact sufficient to render an action sustainable, the plaintiff need meet only slight requirements -- Summary judgment was improper where plaintiff's affidavit raised issues of fact as to applicability of impact rule -- Civil procedure -- Plaintiff's affidavit in opposition to motion for summary judgment did not, as defendants contended, directly contradict deposition testimony in which she stated that she could not remember whether she had been ?physically touched? by assailants -- Plaintiff provided credible explanation for discrepancy in her affidavit when she explained that she had misunderstood the word ?touched? to mean assault or sexual touching, not merely physical contact   Reported at 33 Fla...

CASES-Civil

Posted on July 30, 2008
Torts -- Discovery -- Psychotherapist-patient privilege -- Order requiring that plaintiff's psychiatric records be produced for in camera inspection violated psychotherapist-patient privilege where plaintiff did not plead and has otherwise unequivocally renounced any claim for mental anguish or mental pain and suffering arising from accidentReported at 33 Fla...

CASES

Posted on July 30, 2008
Criminal law -- Armed robbery -- Jurors -- Trial court erred by refusing to strike jury after jurors were made aware of another robbery count against defendant which was severed -- Jury instructions -- Trial court erred by refusing to read portions of standard jury instructions without providing any reasons     Reported at 33 Fla...

NWPC Endorsements and Recommendations 2008

Posted on July 29, 2008
FOR IMMEDIATE RELEASE     Barbara Williamson, President of the Gwen Cherry Chapter of the National Women's Political Caucus, (NWPC), announced the Broward County Chapter's endorsements and recommendations for 2008.  Applicants were selected based on their responses to the NWPC's questionnaire...

MOLLICA FUNDRAISER

Posted on July 29, 2008

PLACE YOUR BETS

Posted on July 29, 2008
FORT LAUDERDALE-- The Supreme Court JNC advises the following applications have been received as of the 5 p.m. deadline Friday, July 25, 2008:1. H. Scott Fingerhut, 45, Miami, Attorney2. Michael D. Gelety, 56, Fort Lauderdale, Attorney3. Judge Vincent G...

MEDIA 7/29: SENTINEL COUNTY ENDORSEMENTS

Posted on July 29, 2008
SENTINELGonzalez has earned election to the benchAvalos the pick for Group 27Crist appoints Hurley to fill vacant judge's postFormer BSO Sheriff Jenne agrees to 5 year disbarment"Bogenschutz had originally sought a three-year suspension and the Florida Bar had sought permanent disbarment...

SUN SENTINEL BIOS & UNABRIDGED CANDIDATE INTERVIEWS

Posted on July 27, 2008
Dijols/Bober/Levey    Goldenberg/Mollica    Howes/Eichner/EhrlichFeren/Rickard/Sugar    Gonzalez/Feld    Avalos/Richards    Wennet/AbramsonRoshawn Banks, et al    Finkelstein/Arreaza                              ALL THIS AND MORE FOR A LOW $5,803...

FUN WITH THE CAMPAIGN FINANCE DATABASE

Posted on July 25, 2008
PUBLIC DEFENDERFinkelstein: $31,033.60 ($500.00 personal contribution)Arreaza: $17,620.00 ($8,000.00 personal contribution)Ostrow: $200,000.00 (personal contribution)JUDGES Dijols: $291,909.99 ($202,000.00 personal contribution)Bober: (Database not updated as of 6:00 PM 7/25)Levey: $8,650 ($7,500...

BLACKS NEED NOT APPLY?

Posted on July 25, 2008
 Diversity MattersAccording to the 2006 Census, African-Americans make up 25.3% of the population of Broward County.  Hispanics make up 22.8% of the population, and Asians 3%.  Whites make up 48.7% of the population.We are a minority-majority...

YOU MAKE THE CALL

Posted on July 25, 2008
                                                                                             ASA Anita White                        Judge Marc Gold                                                            WHITE v...

MEET JUDGE HURLEY

Posted on July 25, 2008
           County Judge Jay Hurley                     Navy Lt. Hurley with son John Lucas                                                 Change of Address                                          Forward all correspondence to:                                 The Honorable Jay Hurley, Mount Olympus        Governor Charlie Crist appoints Jay Hurley to replace County Court Judge Jay Spechler...

ABA WEEKENDER

Posted on July 25, 2008
Big UK Firm Bans BlackBerrys for Attorneys on VacationBonuses for Top-Paid GCs Jumped 17%, to an Average of $1.1MFirm Unveils Comical 'Lawyer Job Interview TranslatorLawyer Chases Down Columnist Novak After AccidentPlaintiffs Lawyers Have New Target: Radon-Emitting Granite CountertopsJudge Blasts Actress for 'Callous' YouTube Video, Upholds PrenupBackup Elder Care Is Latest Benefit Offered by Big Law FirmsNew Zealand Judge Renames Girl, Says 'Talula Does the Hula' Was Poor Choice

CASES

Posted on July 25, 2008
Criminal law -- Double jeopardy -- Separate convictions for conspiracy to commit racketeering and conspiracy to commit drug trafficking violated double jeopardy where state proved that defendant took part in single conspiracy with multiple objectives, including racketeering and drug trafficking, and there was no evidence to suggest that a first conspiracy was consummated, abandoned, or otherwise terminated prior to the formation of a second conspiracy -- Conviction and sentence for racketeering conspiracy reversed     Reported at 33 Fla...

CASES

Posted on July 25, 2008
Criminal law -- Post conviction relief -- Plea -- Withdrawal -- Failure to advise defendant of possible immigration and deportation consequences of plea -- Timeliness of claim -- Florida Supreme Court decision in State v. Green did not revive claims previously adjudicated on the merits, or unadjudicated claims that were unquestionably time-barred at time Green was announced -- Question certified: Whether a defendant may obtain the benefit of a new two-year window period under State v...

JANE FISHMAN QUIBBLES WITH TRIBBLE

Posted on July 24, 2008
Does Tribble apply to misdemeanors as well as felonies?  Some County Judges want to know whether they can still offer withholds and court costs without a probation component.Judge Jane Fishman writes:"(T)his Court certifies the following question to the Fourth district Court of Appeal as a question of great public importance:WHETHER THE FLORIDA STATUTES AND RULE 3...

FOURTH DCA VACANCY

Posted on July 24, 2008
The Fourth District Court of Appeal Judicial Nominating Commission announces it is accepting applications for the District Court of Appeal vacancy resulting from the resignation of Judge George A. Shahood.Applicants must have been members of The Florida Bar for the preceding ten years, registered voters, and must reside in the territorial jurisdiction at the time of assuming office...

4 on 17 (July 23rd)

Posted on July 23, 2008
O'Connor - Affirmed    Newman - Reversed    Rothschild - Affirmed    Rothschild - Affirmed/Reversed    15th Circuit Opinion by Alum May and Visitor Bidwill

MEDIA 7/23

Posted on July 23, 2008
SENTINELSatz's latest nightmare courtesy of pal Lori Parrish's son: do minimum mandatories apply to everyone?"...charges of aggravated assault on a law enforcement officer, fleeing and eluding a law enforcement officer and possession of drug paraphernalia...

THERE'S A NEW BLOG IN TOWN...

Posted on July 22, 2008
THE DBR'S INSIDE TRACK BLOGMichael Bolton's Shout Out to Renee GoldenbergDAILY BUSINESS REVIEWAttorneys pan challengers in Judicial Poll; Judge Gonzalez ranks bestSENTINELSix lawyers seek two Broward circuit judge positions

BROWEIRD

Posted on July 22, 2008
                                                                     Statue of Napoleon Broward                             The Governor in the flesh                                     greets all visitors to Circuit Criminal CourtsEveryone has seen the statue of Napoleon Broward in the Central Courthouse...

2008 Broward County Lawyer Flag Football League

Posted on July 22, 2008
The 2008 season of the Broward County Lawyer Flag Football League is right around the corner.  This is a non-profit league established and run by local lawyers since the 1970s. When: September 2008 - Early December 2008. Where: Floyd Hull Park, 2800 SW 8 Ave, Fort Lauderdale, Florida...

MESSAGE FROM BACDL PRESIDENT RUSSELL WILLIAMS

Posted on July 22, 2008
Over the past several months I have been receiving complaints regarding numerous courthouse issues.  The BACDL has been attempting to resolve, in the best manner possible, all of these issues.  One recurring problem deals with Judge O'Connor...

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