Criminal Law

JAABWALK: TUESDAY, JULY 22

Posted on July 22, 2008
 Morning constitutionalStart Time: 9:32 amEnd Time: 9:55 amEmpty Courtrooms: 20 (not including empties at three Satellite Courthouses)STOP WASTING MONEY ON JUDICIAL TAJ MAHALS & PRISONS FOR NON-VIOLENT OFFENDERS

Cases - Civil

Posted on July 22, 2008
Torts -- Product liability -- Limitation of actions -- Statute of repose -- Tolling -- Concealment -- Action against motor vehicle manufacturer alleging defect in vehicle caused it to accelerate unexpectedly and strike a pole -- Statute of repose, which provides that any claim arising out of product defect cannot be brought more than twelve years after date of first sale to consumer, is tolled for any period during which manufacturer had actual knowledge of defect and took affirmative steps to conceal the defect -- Where plaintiffs offered evidence at summary judgment hearing which, if believed by a jury, could establish, or at least infer, concealment of defect by manufacturer, trial court improperly granted summary judgment in favor of defendant     Reported at 33 Fla...

CASES

Posted on July 22, 2008
Criminal law -- Loitering and prowling -- Evidence that defendant was in parking lot of closed business in early morning hours and moved into shadows and crouched behind a car when he saw patrol car was sufficient to prove that defendant was loitering and prowling in manner not usual for law abiding citizens -- However, state failed toprove second element, that loitering and prowling was under circumstances that warranted a justifiable and reasonable alarm or immediate concern for safety of persons or property located in the vicinity -- Fact that officer subsequently discovered evidence of other crimes does not alter court's analysis, because offense of loitering and prowling must be complete before any police action occurs -- Remand with directions to discharge defendant on loitering and prowling charge     Reported at 33 Fla...

HERALD COUNTY PICKS: INCUMBENTS GONZALEZ & AVALOS

Posted on July 21, 2008
MIAMI HERALDThe Miami Herald recommends: Julio GonzalezThe Miami Herald recommends: Catalina Avalos

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Cases - Civil

Posted on July 21, 2008
Torts -- Product liability -- Limitation of actions -- Statute of repose -- Tolling -- Concealment -- Action against motor vehicle manufacturer alleging defect in vehicle caused it to accelerate unexpectedly and strike a pole -- Statute of repose, which provides that any claim arising out of product defect cannot be brought more than twelve years after date of first sale to consumer, is tolled for any period during which manufacturer had actual knowledge of defect and took affirmative steps to conceal the defect -- Where plaintiffs offered evidence at summary judgment hearing which, if believed by a jury, could establish, or at least infer, concealment of defect by manufacturer, trial court improperly granted summary judgment in favor of defendant     Reported at 33 Fla...

CASES

Posted on July 21, 2008
Criminal law -- Driving under influence -- Discovery -- Intoxilyzer source code -- Certiorari challenge to order requiring Intoxilyzer manufacturer to disclose source codes fails where trial court did not err in holding that production of source codes is material and reasonably necessary to defendants' cases, manufacturer cannot demonstrate material injury because it has already agreed to disclose source codes if protective order and non-disclosure agreement are executed, and trial court's requirement that manufacturer submit to its jurisdiction by executing non-disclosure and confidentiality agreements does not result in miscarriage of justiceCriminal law -- Driving under influence -- Search and seizure -- Arrest -- Probable Cause -- Evidence -- Accident report privilege does not bar state from using investigating officer's observations of defendant's physical appearance, general demeanor, slurred speech or scent of alcohol on breath in establishing probable cause for arrest  -- Accident witness's identification of defendant as driver of vehicle involved in accident is admissible to establish probable cause at suppression hearingLicensing -- Driver's license -- Revocation -- Permanent -- Fourth DUI conviction -- Prior convictions -- Evidence -- Microfilm copy of uniform traffic citation showing plea and disposition of licensee for DUI is sufficient proof of prior DUI convictionCriminal law -- Possession of paraphernalia -- Jury trial -- Waiver -- Where defendant made express waiver of jury trial and did not move to withdraw waiver before trial court, issue of voluntariness of waiver was not preserved for appeal -- Continuance -- Denial -- Where public defender was appointed five minutes prior to trial, had no time to conduct discovery on state's witnesses and had no prior trial experience or prior contact with defendant, trial court erred in denying motion for continuance despite defendant's role in shortening preparation time by failing to secure attorney before day of trial, fact that issues in case were not complex, and adequacy of public defender's representation -- Requiring defendant to proceed to trial with counsel appointed five minutes earlier is tantamount to violation of right to counsel and presumptively prejudicial

CIRCUIT CANDIDATES SPEAK

Posted on July 21, 2008
SENTINELTwo Broward circuit judges face rare challenges in electionTopix: Sentinel CommentsInterviews by Tonya Alanez. Copyright 2008 Sun Sentinel.Group 3: Judge Pedro DijolsWhat sets you apart from your opponents?I think it's experience ... as a prosecutor and an assistant statewide prosecutor and somebody who successfully ran a private law practice...

MEMORY FOR JUSTICE

Posted on July 19, 2008
                                                    NELSON MANDELA TURNS 90                                                                                                                  TRY TRUTH

COUNTY CANDIDATES SPEAK

Posted on July 19, 2008
SENTINELTwo Broward County judges challenged in Aug. 26 electionTopix: Sentinel CommentsInterviews by Tonya Alanez. Copyright 2008 Sun Sentinel. Group 18 Ellen FeldWhat sets you apart from your opponent?I have a wealth more of legal experience, a wealth more of professional experience and a proven track record of strong community involvement for which I've been recognized...

4 ON 17

Posted on July 18, 2008
JULY 16 Krathen - Affirmed    M. Kaplan - Remand    Damoorgian - Affirmed    Andrews - Reversed and RemandedGoldenberg - Affirmed    Rothschild - Reversed and Remanded    Andrews - Reversed and RemandedGardiner - AffirmedJULY 9Holmes - Affirmed/Reversed in Part - Remanded    Gardiner - Reversed for New Trial    Lebow - AffirmedLynch - Reverse/Affirm    Damoorgian - Affirmed    S...

GONZALEZ/SEIDMAN EACH TAKE TRIPLE CROWN

Posted on July 17, 2008
                                                                                                                        Triple 1st Place Winner Julio Gonzalez with Clerk of Courts Howard Forman;                                  Seidman accepts his three last place awards with trademark grinNUMBER KRUNCHER'S COUNTY CRIMINAL RANKINGS:So someone was posting about the lack of information about our County Judges...

NUMBER KRUNCHER'S CIRCUIT CRIMINAL DATA

Posted on July 16, 2008
                                                                               Number Kruncher works in his specially outfitted garage                     (identity concealed to protect his law practice from unscrupulous judges)Because of the user unfriendly manner that the Bar has put out its 2008 Judicial Poll, it is very time intensive to figure out what the information really means...

MEDIA 7/16

Posted on July 16, 2008
DAILY BUSINESS REVIEWJudicial Elections: Candidates must be all things to all people"Kevin Kulik is choosing his words carefully. The Fort Lauderdale criminal defense and class action attorney serving as a judicial campaign treasurer is explaining why a record number of Broward judges are being challenged this year...

BROWARD BAR JUDICIAL POLL

Posted on July 16, 2008
2008 Broward County Judicial Survey (enlarge to 125%)Once easy to use, the 2008 Bar Poll will make you scratch your head.  Want to see how the judges stack up against each other?  Forget about it, unless you pull out the trusty slide-rule and set aside a rainy afternoon...

DBR ON CONWAY

Posted on July 16, 2008
DAILY BUSINESS REVIEWAttorney who pleaded guilty to disparaging remarks about a judge says they fall under protected speech"Fort Lauderdale criminal defense attorney Sean Conway agreed he was in the wrong when he called a controversial Broward judge an ?evil, unfair witch? and ?seemingly mentally ill? two Halloweens ago...

DBR JULY ROUNDUP

Posted on July 15, 2008
DAILY BUSINESS REVIEWCaseload tallies is a key component to PD Brummer's argument against taking further casesCourt Funding: Future cuts likely to be layoffs, not furloughsPB Judicial Candidate wouldn?t last to term if wins: Can only serve 8 months before retirement ageSuccessful Ricci-Leopold duo dissolve practiceImmigration Judge removed from case for showing bias against gays'Gutted' Minnesota public defender copes with lack of fundsUnited Automobile Insurance general counsel Charles Grimsley pleads guilty to two Bar grievancesWilkie D...

PURPORTED COMMUNICATION FROM JAY SPECHLER

Posted on July 15, 2008
The following communication was purportedly sent yesterday via email to the judges and some attorneys.  The lawsuit was supposed to have been attached.  It was also posted by "Why not post this?" at 8:26 this morning under "JAABLOG WELCOME"...

BRIEFS FILED IN BAR v. CONWAY

Posted on July 14, 2008
                                     THE FLORIDA BAR vs. SEAN WILLIAM CONWAY                                         Complainant                  Respondent"The parties are hereby directed to show cause on or before July 14, 2008, whether any of respondent's comments should be considered protected speech under the First Amendment (i...

JAABLOG SPONSORED BY: ISM

Posted on July 11, 2008
                                                                                       ISM IS A PROUD SPONSOR OF JAABLOG                                                                                                    Available in 24 Mouth Watering Flavors:                                Classism, Racism, Nepotism, Cynicism, Voyeurism, Despotism, Elitism,                                 Absurdism, Totalitarianism, Nazism, Objectivism, Pessimism, Nihilism,                                 Nativism, Capitalism, Fascism, Etnocentrism, Dogmatism, Defeatism,                              Conventionalism, Social Darwinism, Absolutism, Careerism, Conservatism                                                      Sold Everywhere Justice Is Meted Out                                                         Disclaimer:  JAABLOG expressly disavows any affiliation or association with Optimism

COWART/HUMANITY 1, NAUGLE 0

Posted on July 11, 2008
Judge rules entrapment in Holiday Park arrestRuling sets foundation for class action lawsuit"A Broward County Judge ruled that Fort Lauderdale Police unfairly entrapped a gay man in Holiday Park by luring him into a sexual situation, inducing him to expose himself to an undercover officer before arresting him on false prostitution charges about a block outside of the park...

DOUBLE STANDARD

Posted on July 11, 2008
SUN SENTINELFort Lauderdale police chief's wife got special treatment after arrest, critics say"The wife of Fort Lauderdale's police chief waited only 12 hours after being booked on charges of shooting at her husband to see a judge and get permission to go home...

NOT THAT ANYONE CARES ANYMORE, BUT...

Posted on July 10, 2008
Judge recommends permanent disbarment for anti-porn lawyer Jack Thompson(Thanks to the Daily Business Review)

FRY BAGS A CHIEF

Posted on July 10, 2008
 Broward's John FryNAPLES DAILY NEWSNaples Police Chief Victor Morales steps downFry's Letter To Morales "Morales? announcement came the same morning City Manager Bill Moss received a stern letter from an attorney representing the Naples police union, demanding an investigation into allegations made recently by two officers suggesting that Morales made an illegal ?quid pro quo? deal with another officer and placed a ?bounty? on them...

"THE LAW IS THE LAW"

Posted on July 09, 2008
                                                                                                             The Glamorous Life:             Camera crews await the release of Chief Adderley's wife from the Main Jail (9:00 PM Wednesday)                             Question for Mr...

LEE AND ARI'S WORST NIGHTMARE COMES TRUE

Posted on July 09, 2008
                                                                        Non-violent felons let loose on the roadways!As of July 1, 2008, Felony DWLS is history for anyone who does not have a prior forcible felony conviction...

JAABLOG RUMOR MILL

Posted on July 09, 2008
            Subpoenas flying? That's the rumor. Apparently, former Judge Spechler's lawsuit has already started pouring desperately needed funds into the local economy.  Process servers have supposedly visited West Palm Beach (Judge Dorian Damoorgian), and the Central Broward Courthouse, where subpoenas may be awaiting Judges Gehl, Gardiner, Tobin, and two players to be named later...

WHO'S FOOLIN' WHO

Posted on July 08, 2008
DAILY BUSINESS REVIEW:Attorney Michael Ahearn, a friend of Spechler?s, said the former judge has joined the Center for Conflict Resolution in North Miami, which was founded by former Bay Harbor Islands Mayor Thomas Glick and Rosanne Shore in 1997. Spechler had been courted by mediation firms for a while, and his judicial reassignment demonstrated the need for a change, Ahearn said...

THE SEVENTEENTH

Posted on July 07, 2008
The Online Newsletter of the State Attorney's Office, 17th Judicial Circuit:Summer 2008 Edition2008 Legislative Update/Florida Prosecuting Attorneys Association

A Message From Team Bober for Circuit Court Judge

Posted on July 06, 2008
 Kevin KulikDear Colleagues, We are having a fundraiser for Bernie on July 22 from 5:30 p.m. to 7:30 p.m.  It's at the Jib Room, Deborah Carpenter-Toye?s restaurant, located at 2104 E. Oakland Park Blvd. (A few blocks west of Federal Hwy...

JACK NEEDS OUR HELP

Posted on July 06, 2008
 Jack with his little box of memories                Miami Lawyer Jack Thompson to Run for President of  The Florida Bar Just as Ronald Reagan ran for and became President of the Screen Actors Guild to wrest control of SAG from the extreme leftists and Communists who sought to control and subvert it, Jack Thompson today announces his candidacy to lead The Florida Bar as its elected President...

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