Criminal Law

Cases-Civil

Posted on May 05, 2008
Torts -- Automobile accident -- Settlement and release --Reformation or rescission -- Settlement agreement entered into by plaintiff and insurer for owners of vehicle which was being driven by another person when it struck plaintiff's vehicle -- Error to enter summary judgment for defendants in plaintiff's action to reform or rescind release on ground that the name of the driver of the vehicle which struck plaintiff's vehicle was included on the release bymutual mistake -- Affidavit in support of defendants' motion for summary judgment did not controvert plaintiff's allegations that the inclusion of driver's name in release was result of a mistakeReported at 33 Fla...

Cases

Posted on May 05, 2008
Criminal law -- Limitation of actions -- Sexual battery against child over age 11 but less than 18 by person in custodial authority-- Attempted sexual activity with child 12 years of age or older but less than 18 by person in custodial authority -- Lewd, lascivious, or indecent act upon or in presence of child under age 16 -- Public employees -- Statute which extends the statute of limitations for misconduct in office by public employee is not unconstitutionally vague -- Statute applied to defendant's actions while he was employed as public school teacherReported at 33 Fla...

GROUP 27 RACE

Posted on May 02, 2008
                                                                        The Candidates                                                                                                            Ian J...

OPEN FORUM

Posted on May 02, 2008
                                                                                         You Can Do That On The InternetJAABLOG is an open forum, dealing with Broward County courts, politics, and police...

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JAAB CANDIDATE QUALIFIES TO RUN AGAINST ROSS

Posted on May 02, 2008
County Court Judge, Grp. 28:Stacy M. Ross v. Warren J. GrinspoonMay the Best Candidate Win!

Cases

Posted on May 01, 2008
Criminal law -- Driving under influence -- Evidence -- Hearsay --Exceptions -- Public records and reports -- Business records --Confrontation of witnesses -- Testimonial out-of-court statements --Admission of those portions of breath test affidavit pertaining to breath test operator's procedures and observations in administrating the breath test constitute testimonial evidence and violate the Sixth Amendment's Confrontation Clause in light of U...

Cases

Posted on April 30, 2008
Criminal law -- Possession of heroin with intent to sell within 1000 feet of place of worship -- Prosecution based on observation by officer involved in surveillance operation of what he believed was a sale of drugs by defendant in a thumbnail size plastic bag --Evidence -- Where court had granted motion in limine prohibiting state from introducing evidence that the alleged sale took place in a high crime area, it was error to permit state to introduce evidencethat police knew that drug sales were taking place in the neighborhood -- Argument -- Silence of defendant -- Where defendant did not testify, and officer was only eyewitness to transaction to testify at trial, state's statement in closing argument that evidence presented at trial was uncontroverted and uncontradicted constituted improper burden shifting and was comment on defendant's right to remain silent Reported at 33 Fla...

THE LIFE AND TIMES OF RICHARD ENTRIKEN

Posted on April 30, 2008
                                                                                                       NEW TIMES                                                 Last Step to Redemption         Drug counselor Richard Entriken swam a little too easily in a sea of sharks                                                         by Amy Guthrie

CITY OF FT. LAUDERDALE MUST PAY TO PROSECUTE HOMELESS

Posted on April 30, 2008
The 4th DCA ruled in favor of Public Defender Finkelstein's position that the city must provide a lawyer when prosecuting indigent defendants for municipal ordinances.The certified question:"Is the City of Fort Lauderdale responsible for the cost of representation of indigent defendants charged solely with a misdemeanor violation of a city ordinance?"The answer:"We answer yes and return the cases for disposition...

2008 LAW DAY

Posted on April 30, 2008
                                                                                                    The 20 Something Annual Law Day                                                           Friday, May 2nd - 4:30 till?                                                            613 SE 1st Avenue 33301

ARE YOU EXPERIENCED

Posted on April 30, 2008
    Turn off your mind, relax and float downstream........

JAABLOG PUBLIC SERVICE ANNOUNCEMENT

Posted on April 29, 2008
                                         Broward County sends primarily non-violent poor minority offenders to prison at nearly twice the rate per capita of our neighbors Palm Beach and Miami Dade Counties - without stemming rising violent crime rates...

JAABLOG RUMOR MILL

Posted on April 29, 2008
                   This space is getting hot.Sex meets the city, or at least our beloved little backwash.  Rumors fly regarding our Chief Criminal Judge, and a senior supervisor and baby lawyer from our holier than thou State Attorney's Office...

MEDIA 4/28: "FARMER MIKE" SATZ

Posted on April 28, 2008
HERALD:Exceptional Clearance Scandal May Affect BSO Race "Four years after prosecutors began investigating the manipulation of crime statistics at the Broward Sheriff's Office, assault and battery victim Jillian Durand waits to bear witness. Durand wants to tell corruption prosecutors about a BSO detective she says lied to get her to waive prosecution of the man who attacked her in her Dania Beach driveway...

Making Choices

Posted on April 28, 2008
ABA Journal - Law News Now Learning the Hard Way Michael Burke lost his freedom and his license to practice. But along the way, he learned some important truths about himself and the law. He?s not alone.http://www.abajournal.com/magazine/learning_the_hard_way/It was 1987, and Florida lawyer Howard L...

FLW highlights

Posted on April 28, 2008
A few lawyers told me they missed these blurbs.  PROBATION:  Adams v. State, 33 Fla. L. Weekly S225 (Fla. March 28, 2008).  Adams is placed on sex-offender probation and is ordered to undergo treatment.  He misses several sessions and is terminated from the program...

FOLLOW-UP TO JUDGE GARDINER ARTICLE

Posted on April 27, 2008
Because I believe it is highly unlikely that Broward State Attorney Mike Satz will take the necessary steps to uncover the truth in the controversy involving his friend Judge Gardiner and his prosecutors, it is once again up to the rest of us to make sure justice prevails in Broward County...

Ponytailed throwback to the 60's

Posted on April 25, 2008
                                                                      SOUTH FLORIDA TIMES                                                              And he has a unique standing in unempowered black communities, where many say the 1960s is exactly where some measures of justice have gotten stuck...

THREE WAY

Posted on April 25, 2008
ELLEN FELD files in County Court Group 18 race vs. incumbent Gonzalez and challenger Wolk.

MEDIA 4/25

Posted on April 25, 2008
DAILY BUSINESS REVIEW$11 Million Settlement In BSO Strip Search Class Action"The settlement figure includes $2.5 million for plaintiff attorney fees, including awards to Richman Greer and Fort Lauderdale solo practitioner Kevin Kulik, and court costs plus $315,000 for claims administration and settlement notices...

US Supreme Court chips away

Posted on April 24, 2008
WASHINGTON: The U.S. Supreme Court ruled Wednesday that police can conduct searches and seize evidence after arrests that may turn out to have violated state law. The unanimous decision came in a case from Portsmouth, Virginia, where city detectives seized crack cocaine from a motorist after arresting him for a traffic ticket offense...

BOB NORMAN'S DAILY PULP

Posted on April 24, 2008
ANA KNEW BETTERWhen you report stories, there are some facts you report and some you don't. Sometimes they don't add to the story, sometimes they aren't 100 percent nailed down, sometimes you have strategic reasons to hold them back until later. Well, in this case, I just forgot to put it in the story...

JQC JURY CLOSE TO DECIDING BARNES' FATE

Posted on April 24, 2008
Judge in St. Lucie could face discipline for criticizing legal colleagues "Michael Schneider, a special counsel for the commission, said the panel "should recommend discipline in this case, and I suggest that it be removal from office."...Donnie Murrell, Barnes' attorney, countered by saying his client saw a criminal justice system that had "broken down ...

4 on 17

Posted on April 24, 2008
Goldstein  Reverse & remand  4D06-3038-L.A. Fitness International, LLC v. MayerGardiner  Reverse  4D06-4531-Barrett v. State*Levenson  Affirm  4D06-4636-Benya v. State*Weinstein  Grant part, deny part  4D07-181-Binns v...

NYT: "Inmate Count in U.S. Dwarfs Other Nations?"

Posted on April 23, 2008
NEW YORK TIMES"Several specialists here and abroad pointed to a surprising explanation for the high incarceration rate in the United States: democracy. Most state court judges and prosecutors in the United States are elected and are therefore sensitive to a public that is, according to opinion polls, generally in favor of tough crime policies...

ON NEWSSTANDS NOW

Posted on April 23, 2008
                                                                                     Ana Gardiner          Peter Patanzo                        BROWARD NEW TIMES: "JUDGING ANA" by Bob Norman                    http://www...

JAABLOG'S WIDE WORLD OF JUDICIAL SPORTS

Posted on April 22, 2008
                                                                           Spanning the globe to bring you the constant variety of sport? the thrill of victory?                         and the agony of defeat? the human drama of athletic competition?                                         this is JAABLOG's Wide World of Judicial Sports...

MEDIA 4/22

Posted on April 22, 2008
                    Jack Seiler                                 Robert CarneySENTINEL:Wilton Manors' Seiler Rents Home in Ft...

JAABLOG'S SUPREME POSSIBILITIES

Posted on April 21, 2008
                                                                                                   3rd DCA's Lagoa                  1st DCA's PadovanoRaoul Cantero's resignation is effective September, 2008...

JUST DESSERTS

Posted on April 21, 2008
 Former Judge Grafton BiddleJudge quits, prosecutor fired amid relationship claims "She may have handled hundreds of traffic and misdemeanor cases as a county court prosecutor, (DA) Chambers said. But Chambers said she is aware of just one case that Steinman handled in Biddle's court and that went to trial...

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