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Criminal Law

Justice Building Blog

Discussion about and between the judges and lawyers who labor in the world of Miami's criminal justice.
By "Captain Liberty" and "Rumpole"

Post Frequency: 3.5/day

Last Entry: November 04, 2020 at 06:48:00

CORRECTIONS KERFUFFLE

Posted on May 26, 2010
No post in recent memory engendered the high level of discussion than our post last weekend detailing the experience of our hapless private attorney friend who needed five full days and five putative attempts before he was allowed to see his client at the Dade County Jail...

JUDGE EDWARD DAVIS HAS PASSED AWAY.

Posted on May 24, 2010
Edward Davis, Former Chief Judge of the Southern District of Florida, and one of the very best Judges and human beings we have ever practiced before has passed away. David O Markus who clerked for Judge Davis has more words of remembrance on his blog, and they are very fitting...

FUN AT DCJ

Posted on May 22, 2010
We received this email, which bears repeating in its entirety:"Rumpole- perhaps your readers would enjoy my experience at the Dade County Jail this week.I took over a felony case from another lawyer and attempted to see my client at the Dade County Jail...

3rd DCA ROUNDUP-WOOPS HE DID IT AGAIN EDITION

Posted on May 19, 2010
You know him, you love him, you can't live without another reversal of a trial he presided over. We are speaking of course of the embattled Judge Peter Adrien and yet another reversal, this time in the trial Judge Adrien presided over in Foster v. State...

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THOMAS'S DISSENT IN GRAHAM

Posted on May 18, 2010
Here is the great problem for us in Graham- Kennedy writes an awful opinion that reaches a conclusion we agree with. Thomas writes an extraordinarily effective dissent that dissects the majority opinion. We don't think life in prison with parole is an appropriate sentence for a juvenile- but as Thomas argues- it should remain a matter for the legislature...

A WIN FOR FLORIDA

Posted on May 17, 2010
The Supreme Court voted today 5-4 that it is unconstitutional to sentence juveniles to life in prison for crimes in which they have not committed murder. The NY Times Article is here. We haven't had time to read the opinion in full, so our normal witty insightful comments will be posted later today/tonight...

GRAHAM V. FLORIDA

Posted on May 17, 2010
Here is the decision in Graham v. Florida, holding that it violates the 8th amendment's prohibition against cruel and inhumane punishment to sentence a juvenile to life in prison for a crime other than murder. Oh my is this opinion a field day for the critics of strict construction and original intent...

SMILE. IT'S MONDAY

Posted on May 16, 2010
In case you had any questions about the matter, here's proof, in his own words, that Pat Buchanan is an anti-semtic nut: From his syndicated column:"If Kagan is confirmed, Jews, who represent less than 2 percent of the U.S. population, will have 33 percent of the Supreme Court seats...

THE NEWS YOU NEED (including Fatty Cue info)

Posted on May 14, 2010
While heading into the Weekend.....It's Friday May 14, 2010. It's the 134th day of the year, with 231 fun filled and sun splashed days remaining. In Broward it turns out that soon to be former Judge Ana Gardiner lavashed over $600,000.00 in legal fees on her new firm, not the $300,000...

3rd DCA ROUNDUP-ITS ONLY A MISDEMEANOR EDITION

Posted on May 12, 2010
Judge Areces takes the first hit in our 3rd DCA roundup in State v. Brown, in which the good judge granted a motion to suppress finding that the criminal conduct the police officers observed was "only a misdemeanor" which didn't warrant hot pursuit into a home...

TRY AS WE MIGHT

Posted on May 11, 2010
We can't please everybody (or any robed reader or ASA): A reader wrote: Anonymous said...What the chief judge did back then was the right thing to do. I just think that people (myself included)are sick of the gutter trash that make up much of today's society...

NOT INVITED AGAIN

Posted on May 10, 2010
BREAKING: OBAMA CHOOSES SOLICITOR GENERAL ELENA KAGAN AS NOMINEE TO REPLACE JUSTICE STEVENS. News conference Monday at 10 am. NY Times article here. Apparently there's been a party going on in our courthouses as the 11th Circuit has been celebrating Law Week...

THE CAPTAIN REPORTS:BREAKING NEWS

Posted on May 10, 2010
THE CAPTAIN REPORTS:BREAKING NEWS .... OBAMA TO NOMINATE KAGANOn Friday it was our Governor naming Joe Fernandez to a Circuit Court seat. And today, President Obama will nominate Elena Kagan at the nation's 112th justice. Kagan is currently the Solicitor General of the US...

3RD DCA UPDATE ADDENDUM

Posted on May 07, 2010
FINALLY- FERNANDEZ! Your new Circuit Court Judge is (former) County Court Judge Joe Fernandez. The Governor made the pick today.(Friday). Good news for the Judge: now Judge Reemberto Diaz will care what he thinks. The Captain reports that we missed this one:THE CAPTAIN REPORTS:ADRIEN in the news again ...

3rd DCA ROUNDUP - AGE IS A STATE OF MIND EDITION

Posted on May 06, 2010
One case on the 3rd DCA roundup today, and it involves Miranda and a Defendant's age. In JM v. State, the 3rd DCA affirmed the conviction of a juvenile for possession of a firearm by a minor, where the evidence of JM's age came from the officer's custodial interrogation of the defendant...

THE TORRIES ALMOST HAVE IT

Posted on May 06, 2010
But it might not be enough. We're here at the Trafalgar Pub along the Thames as the first exit polls are released and they are predicting that the Torries will have about 305 MPs leaving them 21 short of a majority needed to form a government. Labour will lose about 94 seats but the rumour is that PM Gordon Brown will seek to form a coalition Government with the Liberal Democrats...

IF TODAY IS WEDNESDAY

Posted on May 05, 2010
If today is Wednesday then......Judge Johnson must have retired (again) withdrawn as a candidate (again) and Sr. Rodriguez-Chomat is a new Circuit Court Judge (again). Then again....this may all change in a day or so. But for now, it's as we say it is...

WHO MAKES THE RULES?

Posted on May 05, 2010
In the Illinois equivalent of our County Court, Judge Helen Rozenberg, issued an order of contempt of court and threw 19 year old Jennifer LaPenta in jail for 48 hours for wearing in court what the Judge thought was a T-Shirt with offensive and obscene language detailed above...

A FINE MESS

Posted on May 03, 2010
A Circuit Court Judge is invested with the power to adjudicate the most serious cases filed at the trial level in circuit court. In criminal court, a circuit court judge has the power to order the execution of a defendant when a majority of a duly selected jury recommends it...

DRILL BABY DRILL

Posted on May 03, 2010
This oil disaster in the Gulf Of Mexico is about to change our life here in Florida, and not for the better. AP is reporting that the oil slick will hit the Florida Keys in a week, and that will compound what is already an enormous ecological disaster:From the AP report: Nick Shay, a physical oceanographer at the University of Miami Rosenstiel School of Marine and Atmospheric Science, said Monday once the oil enters the Loop Current, it likely will end up in the Keys and continue east into the Gulf Stream...

FIRDAY ELECTION FINAL

Posted on April 30, 2010
RUMPOLE UPDATE: JOHNSON RETIRES AT 11:59!!!!!!! Rodriguez-Chomat is a judge. (we told you there would be a surprise.) BROWARD CRAZINESS CONTINUES: SEIDMAN SWITCHES FROM LEBOW TO PERLMAN- ALEMAN GONE FOREVER!! Perlman now has opposition from "six shooter" Seidman...

FRIDAY JUDICIAL ELECTIONS UPDATE

Posted on April 30, 2010
SEIDMAN IN... SWARTZ OUT!!!Our first update comes from North of the Border, where, thanks to the JAA Broward Blog, we learned that Judge Lee "six shooter" Seidman has filed against Judge Leebow, making it a 3 person race for Judge Leebow's seat. And former Judge Jeff Swartz, who was first in against Judge Adrien, is also first out...

FINAL ELECTION SHOCKER

Posted on April 30, 2010
Dear readers, those of you who are longtime and careful readers of this blog know the deep and abiding affection with which we hold those dear addled souls who happen to wear black robes in Dade County. "Wait long enough" we are often heard to say "and one of them will do something stupid...

Breaking News

Posted on April 29, 2010
THE CAPTAIN REPORTS:BREAKING NEWS .....Judge William Johnson has drawn an opponent. Jorge Rodriguez-Chomat has paid the qualifying fee and is in. Member of the Florida Bar for 35 years. General Practice Solo and Small Firm andReal Property Probate and Trust Law and Tax...

TICK TOCK

Posted on April 29, 2010
Ask not for whom the bell tolls (you robed readers)It tolls for thee....Nunc lento sonitu dicunt, Morieris.Friday at noon is the filing deadline for those who want to run for Judge. Will Milt Hirsch get opposition? Will Jeff Swartz jump out of the Samantha Ruiz Cohen race? (She's running against Judge Adrien)...

LET THEM EAT VACA FRITA

Posted on April 28, 2010
Veteran and ace criminal defense attorney Jack Blumenfeld thought he had seen it all until a few weeks ago. Then he did exactly the right thing- he went to his computer and sent us this email:Rumpole, I had a situation the other day while trying to depose a Spanish speaking State witness...

ITCHING AND SCRATCHING

Posted on April 27, 2010
First- a reminder to go to Tobacco Road tonight, get good and drunk (don't drive home) and tell your favourite Judge just what you think of him or her. Then in the morning start practicing probate. The Bench/Bar mixer at a Bar is tonight- Tuesday, starting at 5:30 PM...

CIRCUIT COURT REPORT

Posted on April 26, 2010
THE CAPTAIN REPORTS:ELECTION CENTRAL ?.. CIRCUIT COURTThe following Circuit Court Judges face election this Fall and have drawn NO opposition:Group 03 John SchlesingerGroup 10 Scott BernsteinGroup 12 Bertila SotoGroup 20 John Thornton, Jr.Group 26 Scott SilvermanGroup 28 Jennifer BaileyGroup 30 Rosa RodriguezGroup 32 Barbara ArecesGroup 34 Gill FreemanGroup 39 William JohnsonGroup 40 William ThomasGroup 52 Michael GendenGroup 59 Nushin SayfieGroup 73 Julio JimenezGroup 74 George SarduyThe following Circuit Court Groups are open/contested:Group 21 Judy Kreeger ***Two candidates have filed to run in this election: Miguel de la O and Patricia Kopco...

ANOTHER REASON TO DRINK

Posted on April 26, 2010
BREAKING NEWS: NOREIGA GONE. As of 6:30 pm Monday April 26, 2010, US Prisoner Manuel Noriega was on an Air France plane that had left Miami International Airport for Paris. We've exclusively learned that Noreiga ordered the kosher meal and a white chardonnay...

THE CAPTAIN REPORTS ON COUNTY COURT ELECTIONS

Posted on April 23, 2010
But first some breaking news from Rumpole: BROWARD CENTRAL: DOWN GOES GARDINER (no, not that way). The Broward Blog The Juice reports that Judge Gardiner will resign from the bench rather than explain her thousands of texts to her "snookums" otherwise known as former ASA Howard Scheinberg, who happened to be prosecuting a defendant and was seeking the death penalty while he and the Judge were otherwise canoodling and laughing at jurors who couldn't stomach some gruesome crime scene pictures...

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