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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

NFL DRAFT DAY ONE.

Posted on April 22, 2010
We admit it. We're sort of draftniks. Draft nerds. Whatever term you want. So for the next few hours we open up the blog to draft discussion. Get on there and chant "TEBOW TEBOW TEBOW" for the next few hours if you like. The St. Louis Rams are on the clock and in our humble opinion if they draft Sam Bradford they are fools...

3RD DCA ROUNDUP -JUST OUT FOR A STROLL EDITION

Posted on April 21, 2010
The 3rd DCA goes for a stroll this week. Come along.....In MR v State, the 3rd, along with its resident health enthusiast- Judge Schwartz- affirms the long standing principle that it is just nice sometimes to take a walk, even if you happen to be doing it in an area known for prostitution and even if the person strolling is known to the officer has having engaged in the world's oldest profession in the past...

JASON AND THE JETS

Posted on April 20, 2010
Jason Taylor is a Jet. Hard to believe. And the J...E...T....S open the season in Miami. Trial Tax:If there is anything that truly chills the Constitution and the Sixth Amendment right to trial it is the so called trial tax. You know how it goes- the prosecution offers three years probation for a couple of third degree felonies, but your client wants a trial...

PIGS, APPLES, AND AMERICA.

Posted on April 19, 2010
A follow up from our faux pas yesterday: A reader left this enlightening comment:Kissimmee Kid said...Man driving down road.Woman driving up same road.They pass each other.The woman yells out the window, PIG!Man yells out the window, BITCH!Man rounds next curve...

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SNAFU

Posted on April 18, 2010
Despite the Eyjafjallajokull Volcano in Iceland and a constant downpour as we write this Sunday night, court will be open for business Monday morning.JUDGE THORNTONVery quietly Judge John Thornton has been elevated to an Associate Administrative Judge for the criminal division under the Judge Soto Administration...

OPEN

Posted on April 15, 2010
The parking lot is now open. Talk amongst yourselves. As so called conservatives take up the banner of Objectivism and Ayn Rand, we found this monologue of Ms. Rand's in 1961 which when viewed, refutes the proposition that Rand is a hero or a philosophical founder of the current conservative movement...

SHUTDOWN AND SHUT OUT

Posted on April 15, 2010
BREAKING REGJB NEWS:The attorneys parking lot is closed. Rumors abound. Some say a car hit and killed a pedestrian early this morning. Other's say a bondsman was offering referrals and a pile-up among eager defense attorneys rushing to get business occurred...

3Rd DCA ROUNDUP -FLORIDA SUPREME COURT EDITION

Posted on April 15, 2010
You know it; you love it; you wait all week for it. The 3rd DCA Roundup: Having found no cases that we deemed interesting or "blog worthy" in the last few weeks, we skipped over to the Florida Supreme Court's website and found an interesting opinion on intent and manslaughter...

JACKED BY JAC

Posted on April 14, 2010
NO SOUP FOR YOU!And no money for you. As the State staggers towards the end of its fiscal year (June 30) and agencies are running out of money, one local state agency we all know and love just lost a ton of money. The PDs? Nope. The legislature is trying to sell his practice out from under him to private lawyers, but this didn't happen to Silent Charlie...

IM BORED

Posted on April 13, 2010
I think I want to start a ponzi scheme and then bug out to Australia before they catch up with me. Joe Gersten is still down under, right? I'll hire my pal David Markus to tie up the feds, and my biggest concern in the morning will be whether to go fishing or diving...

CARLOS MARTINEZ IS NOT BORED

Posted on April 13, 2010
A message from your Public Defender. Silent Charlie speaks!!! (so to speak). From: Carlos J. MartinezSent: Tuesday, April 13, 2010 7:57 AMTo: All UsersSubject: LEGISLATIVE ALERT - CRITICAL BUDGET ITEMGood afternoon.This email is a follow up to our face to face meetings...

BROWEIRD JUDGES/CANDIDATES

Posted on April 12, 2010
Broward: Can't tell the Judges and Candidates without a scorecard. The Juice Blog has one here:Pick a judge...any judge....County Court Judge Lee Seidman? Has four challengers, including Judge Dale Cohen's wife- Mardi Lee Cohen. (Judge Dale Cohen himself has a JQC complaint for forcing a Public Defender to cross examine his wife in a recusal motion before him, which he denied...

REPORT FROM COUNTY COURT

Posted on April 12, 2010
UPDATE: Governor declares Judge Kreeger's seat open and asks JNC for names. Candidates De La O and Kopko are currently homeless, election wise. See our previous coverage on the Election Conundrum here. We'll get to the Colonel of County Court in a moment, but first, courtesy of the Broward JAA Blog, comes this disturbing video where a defendant batters by expectoration, an ASA and a clerk in Broward...

WEEKEND NEWS

Posted on April 10, 2010
The President of Poland , the Chief of the Polish Army and many other Polish leaders were killed yesterday in an Aeroplane crash as the Polish contingent was on a trip to Russia. The tragic story is here. 90 years ago today the Titanic left Southhampton, England for Manhattan...

NOW THAT IS WHAT WE CALL A CROSS EXAMINATION

Posted on April 09, 2010
CLUNK!That must have been the sound heard throughout the courtroom as DEA agent Darren Singleton fainted during his cross examination by Jeff Weiner in the sentencing of Kobie Gary in a marijuana grow house case before Judge Moore in Federal Court. The issue was whether Weiner's client was a leader in the organization or not and whether or not the defendant qualified for the safety valve exception to the minimum mandatory...

CRIME IS OUT OF CONTROL

Posted on April 07, 2010
UPDATE: Latest hurricane forecast below. You can't go anywhere these days, even your local neighborhood pub for a few cool ones without risking life and limb. Shooting at local club. The Civil boys have an interesting story about Becker and Poliakoff communicating with employees via podcasts! For you old timers, can you possibly imagine Richard Gerstein doing anything other than calling you in his office if he had something to say? Ditto Janet Reno...

ELECTORIAL CONUNDRUM

Posted on April 07, 2010
Here's the problem: Long time Circuit Court Judge Judith Kreeger made plans to retire after a distinguished career on the Family Court bench. She will be missed. Judge Kreeger informed Governor Charlie Crist (motto: "get me the hell out of Tallahassee and on to Washington , the sooner the better") of her intent to retire prior to the April 30, 2010 filing deadline for her seat (her seat is up for election this year...

2 4 TUESDAY

Posted on April 06, 2010
Closing arguments today in Ft. Lauderdale in USA v. Fitzroy Salesman. Salesman was a Miramar commissioner who allegedly took money from an undercover FBI agent flown in from Boston to play "the old man" as a developer looking to pay kickbacks to get Miramar construction projects...

JUSTICE STEVENS PROBABLY TO RETIRE

Posted on April 04, 2010
No surprise there with the NY Times article that Justice Stevens will probably announce his retirement shortly, giving the President time to nominate a Justice and get him or her confirmed over the summer. There are still pros and cons to be considered,? Justice John Paul Stevens said in his Supreme Court chambers on Friday afternoon, reflecting on his reluctance to leave a job he loves after almost 35 years...

OPENING DAY

Posted on April 04, 2010
There's nothing like it in all the world. Fresh cut grass. Oiled gloves. The smack of a ball on a wooden bat. The sound of cleats padding over a base. Opening Day for Baseball- 2010. Every team is in it. The sights. The sounds. The smells. It's a uniquely American experience...

5TH DCA ROUNDUP-FIRST EDTION- VEXING THE JUDGE

Posted on April 02, 2010
For some reason, criminal contempt cases catch our attention. Thus we report to you this 5th DCA case reversing a juvenile court judge who held a woman in contempt when her cell phone rang in court. The punishment by the way, was the destruction of the woman's phone whereupon it was unceremoniously dumped in the trash...

3rd DCA ROUNDUP -The Long Arm of the Law edition

Posted on March 31, 2010
You are arrested. You are convicted. You are sentenced to prison. You serve your time. You get out. Query: Can the State haul you back into court and impose more sanctions upon you? Answer: You bet your sweet 3rd DCA they can if you were convicted of a sex crime...

COUNTY COURT JUDICIAL ELECTION UPDATE

Posted on March 30, 2010
(Ed Newman set Miami Dolphins bench press record at 510 pounds. Arguably the strongest player ever to play for the Dolphins.) (has opposition). THE CAPTAIN REPORTS:COUNTY COURT ELECTION CENTRAL ....BREAKING NEWS ..... ELECTION UPDATE .....Judge Ed Newman has opposition...

DBR TO THE RESCUE

Posted on March 29, 2010
The Daily Business Review has a good story and great defense of JAABlog (Broward Blog) author Bill Gelin. The title links to the story. Referring to Carlos Llorente, who purports to run some fly-by-night cabal called "The Broward County Bar Association", the DBR had this to say:So, it?s no surprise that Gelin or his blog are targets...

A NEW LOW

Posted on March 27, 2010
Query- If you have a case in Dade County Court criminal division and you run into a serious enough problem that you need to speak to the Judge in charge of the County Criminal Division, whom do you speak with? Judge Sam Slom of course!If you run into a similar problem North of the Border, to whom do you speak with? NOBODY! That's right, courtesy of the JAA (Broward) Blog, nobody is in charge of the Broward Criminal Courts, county court division...

3rd DCA ROUNDUP -The Cop-out edition.

Posted on March 26, 2010
Our beloved 3rd DCA has long had the reputation of issuing PCA's in cases where they don't like the facts, but the conviction is weak. And that brings us to one of the bigger PCA cop-outs we've seen in a while:Locascio v. State: Here are the facts from the opinion:Edward Locascio was charged as a principal and co-conspirator to his brother Michael?s killing of Defendant?s soon-to-be ex-wife, Silvia...

HOLD THE MAYO, EXTRA RELISH

Posted on March 24, 2010
Our friend(s?) over at the civil lawyers blog (South Florida Lawyers) took the opening of the Federal Court Cafe and ran with it and began to speculate on what kind of sandwich would be named for each of the Federal Judges. Being the good and ethical blogger that we are, we immediately made plans to steal their idea - with proper credit of course...

BIG FEDERAL NEWS

Posted on March 23, 2010
We've learned some really big news about Federal Court. New Chief Judge? Bigger. More than 10 minutes for voire dire? Bigger. Early discovery? Much bigger!Our favourite federal blogger Mr. David Markus with a K has the big story: The cafeteria in the new Federal Courthouse is now open!After doing a quick (and we mean quick) arraignment before Judge Huck and getting your case set for trial the following Thursday, you can stop down on 5, where we hear they have one of the largest selection of antacids in all of Miami for sale...

REPORT FROM COUNTY COURT-UPDATED

Posted on March 22, 2010
SILENT CHARLIE SPEAKS! (below) But first...The Colonel of County Court has filed this report:At ease. Rumpole, having been the bearer of bad news for so long, I am happy to report that the action at the front has slowly shifted and we now appear to be winning...

JUST ANOTHER MANIC MONDAY II

Posted on March 21, 2010
If you have the time, catch "Ghost Writer" and let us know when you figure it out. We had a general sense of the end about half way through. There's a nice cameo by Eli Wallach when you least expect it, and Kim Cattrall is our kind of woman!As of this writing health care reform is going to pass...

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