Criminal Law

IT'S UP TO TOBIN, BUT DON'T HOLD YOUR BREATH

Posted on May 19, 2009
We just spoke the the Supreme Court Clerk's Office.An order has been issued in Loureiro.The Agreed Motion To Vacate has been granted, with a twist.Here's the Order:"The "AGREED MOTION TO AMEND MARCH 31, 2009 RELINQUISHMENT ORDER TO RELINQUISH JURISDICTION TO THE CIRCUIT COURT FOR THE SEVENTEENTH JUDICIAL CIRCUIT (BROWARD COUNTY) SO THAT AN AGREED MOTION TO VACATE THE SENTENCE AND CONVICTION CAN BE FILED AND A NEW TRIAL ORDERED" is hereby granted and we issue the following revised order in place of the order dated March 31, 2009...

MUHAMMAD ALU

Posted on May 19, 2009
 Sheila Alu stands up for the U.S. ConstitutionTHE DAILY PULPSupreme Court Speaks; Will Gardiner Skate? " "Judge Gardiner violated this person's Constitutional rights, she lied under oath, lied about me, and she gets away with it," Alu said. "It went to the highest court in Florida and she still sits on the bench...

THE HEEL OF THE FASCIST BOOT

Posted on May 19, 2009
The Loureiro saga is rapidly winding down to its foregone conclusions.  It's hard to imagine anyone being surprised at the outcome.  It's also unfair to think it would have been handled any differently in other jurisdictions across the country...

ATTENTION SUPREME COURT: RON CACCIATORE WEIGHS IN

Posted on May 18, 2009
DAILY PULPWitness: The Late Judge Charlie Kaplan Confirmed Ana Gardiner Judicial Misconduct" "Tell you what, I'll challenge to Ana Gardiner to take a lie detector test with me," Cacciatore says. "If she's lying, she will resign from the bench...

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WILL THE SUPREME COURT GIVE SATZ WHAT HE WANTS?

Posted on May 18, 2009
 From Bob Norman's "Judging Ana"THE DAILY PULPThe Cover-Up: Judge Ana Gardiner Lied Under Oath"If you haven't read Judge Ana Gardiner's transcript, you should. It says more about Broward County corruption than anything I could ever write. And it's clear that Gardiner has lied under oath and should be investigated and ultimately criminally charged for doing so...

JAABCAM

Posted on May 17, 2009
1.) The little blue man means we're on the record - Judge Frusciante appears by phone (he'll play Charlie in the next Charlie's Angels flick); 2.) Judge Williams mentoring a class of fourth graders from Westwood Heights Elementary; 3.) Out in the west Texas town of El Paso ...

CONCESSION!

Posted on May 15, 2009
Filed in the Florida Supreme Court today in the matter of State v. Loureiro:"AGREED MOTION TO AMEND MARCH 31, 2009 RELINQUISHMENT ORDER TO RELINQUISH JURISDICTION TO THE CIRCUIT COURT FOR THE SEVENTEENTH JUDICIAL CIRCUIT (BROWARD COUNTY) SO THAT AN AGREED MOTION TO VACATE THE SENTENCE AND CONVICTION CAN BE FILED AND A NEW TRIAL ORDERED"A new trial in a death penalty case...

THURSDAY NOTES

Posted on May 14, 2009
FRIDAY, FRIDAY, FRIDAY ... There's a status hearing in the Loureiro matter before Judge Lucy Chernow Brown in Palm Beach tomorrow.  Conventional Wisdom has it that the State will CONCEDE the evidentiary hearing set on May 26.  The discovery process has thus far ground to a halt, and apparently all eyes are now focused on Judge Brown, since it's up to her whether or not she'll accept a concession and allow a new trial without any further investigation...

LOUREIRO UPDATE

Posted on May 14, 2009
The status hearing in Palm Beach is set for tomorrow at 3:30.Judge Brown's JA reportedly told at least one caller that the hearing may be canceled, because Bruce Rogow, representing the Broward State Attorney's Office, filed a motion with the Supreme Court today...

TONIGHT AT TEN

Posted on May 14, 2009
 Carmel Cafiero keeps up the pressure on Larry Seidlin.  She has a feature running tonight at ten on Channel Seven, detailing some of the expenses the Seidlins made with the old lady's money.  The piece will also run Friday, between 5:30 and 6:30 PM...

PSCC MEETING

Posted on May 14, 2009
The PSCC met today.  Jordana Mishory from the Daily Business Review was there, so we'll just hit the highlights.Jail population is sitting at 88%.  BSO describes this number as "perfect."  Of course, the impending shutdown of the Stockade and cutbacks to in-custody drug rehab programs are a major concern (the programs are often used by the State and judges as mitigators, which reduce the length of jail stays)...

THE SEVENTEENTH

Posted on May 11, 2009
 The Online Newsletter of the State Attorney's Office, 17th Circuit                                                                     May, 2009*Florida Supreme Court postpones Marek execution despite Weinstein's ruling for the State*"The new evidence is very solid and the new evidence should require that Mr...

DOES DENNIS SIEGEL APPROVE OF THIS DEAL?

Posted on May 08, 2009
                                                                           School Board fires teachers from Pembroke Pines and Hollywood  Investigators in the past cleared Grady of a battery allegation and a molestation allegation                                                     (Thanks to the old souls club)

JAABCAM

Posted on May 08, 2009
1.) A cool picture straight out of Point Blank. The third member of Grady's defense team - David Schulson of Grossman, Milian & Schulson during the plea; 2.) Grady's lead defense lawyer Rhea Grossman with Studly himself; 3.) Victim Erin Shifflett crying after the hearing with Attorney Todd Onore...

THURSDAY NOTES

Posted on May 07, 2009
 Mike Satz: AnachronismThings are busy as ever in Broward's Central Courthouse.Where to start?Word came late this afternoon that Edward Howard was found not guilty before Judge Bidwill.  Of course, an acquittal in a violent felony comes as no surprise in the land that time forgot, where King Satz proudly wears the statewide Biggest Loser crown...

4TH DCA 17TH CIRCUIT OPINIONS/ADDERLEY ONTO 3RD JUDGE

Posted on May 06, 2009
Luzzo - 4th Certifies a Question INCIDENT TO AN ACTION AT LAW, MAY A TRIAL COURT ISSUE AN INJUNCTION TO FREEZE ASSETS OF A DEFENDANT, WHERE THE PLAINTIFF HAS DEMONSTRATED: (1) THE DEFENDANT WILL TRANSFER, DISSIPATE, OR HIDE HIS/HER ASSETS SO AS TO RENDER A TRIAL JUDGMENT UNENFORCEABLE; (2) A CLEAR LEGAL RIGHT TO THE RELIEF REQUESTED; (3) A SUBSTANTIAL LIKELIHOOD OF SUCCESS ON THE MERITS; AND (4) A TEMPORARY INJUNCTION WILL SERVE THE PUBLIC INTEREST? Goldenberg - Reversed        Andrews - Affirmed in part, reversed in part, and remandedLynch 1 - reverse and remand        Lynch 2 - reverse and remand (Columbia U & Flipper)Greene - Order Quashed/Remanded*SENTINEL: Destry steps down in case against Fort Lauderdale police chief's wife*" ...

JAABCAM: I WANT TO LIVE!

Posted on May 06, 2009
1.) Twenty-six year resident of Death Row John Marek, with attorneys Martin McClain and Linda McDermott. The Governor signed Marek's Death Warrant in late April, and his execution is set for May 13th. The cause is before Judge Weinstein on an Emergency 3...

WILL SATZ CONCEDE WITHOUT RELEASING THE TRANSCRIPTS?

Posted on May 04, 2009
Depositions were taken in State v. Loureiro last Thursday.  Judge Gardiner, Howard Scheinberg, and a civilian witness gave testimony.  The depos were taken by Carey Haughwout on behalf of her client, Loureiro.  Bruce Rogow was present on behalf of the 17th Circuit State Attorney, the prosecuting authority, as reportedly was counsel for Gardiner (a lawyer from Palm Beach), and Scheinberg (reportedly Bruce Lyons, Satz's old law school chum)...

JUDGE JAHRA?

Posted on May 04, 2009
 Jahra McLawrenceRumor has it that Jahra McLawrence will soon announce his candidacy for judge.It's still up in the air whether he'll run against a sitting judge, or file in an open seat.We, of course, hope it's the former.  There are plenty of judges out there who need to be "retired...

LEGISLATIVE UPDATE

Posted on May 04, 2009
State employees making over $45,000 a year will take a 2% pay cut, starting July 1st, 2009:Florida lawmakers agree to cut pay of some state workersThe following information is just what we're hearing.  Please post a comment if we have anything wrong...

JAABCAM

Posted on April 30, 2009
1.) 2010 Candidate Sandra Perlman practices her "vote for me" smile; 2.) The accent over Aleman's name - will it make it onto the ballot in 2010? (thanks to "Watch the accent!"); 3. 2010 Candidate Bruce Raticoff (sadly, O'Connor & Bruce are pals); 4...

SAY IT AIN'T SO, MIKE...

Posted on April 30, 2009
 Will the Loureiro Express crash & burn?   Did Howard Scheinberg meet with Mike Satz, or representatives of the SAO, before Satz's trip to Tallahassee?Did Ana Gardiner attempt to, or actually speak with, Rogow or representatives of the SAO?Has the SAO been lobbied to CONCEDE the May 26 evidentiary hearing currently set before Judge Chernow Brown in Palm Beach?Will the SAO agree to a new trial in State v...

BOONDOGGLE! (Or "New Courthouse by Hook or by Crook")

Posted on April 30, 2009
BROWARDBEAT.COMCourthouse Parking Cut By 250 Spaces "Condominium residents have the right to park in the garage under a 1993 agreement signed by the county commissioners. The 99-year deal allows the condominium to the exclusive use of spaces in the garage for $27-per-month, according to a Sun-Sentinel article at the time...

COHEN STAYING PUT...

Posted on April 29, 2009
Or so we're being told.  Apparently the 4th DCA has issued a one page Order today denying the Emergency Petition For Writ of Prohibition "on the merits."  We don't have a copy of the Order, but the good folks at the 4th read it to us from the State v...

17TH CIRCUIT 4TH DCA OPINIONS/NACDL MM REPORT

Posted on April 29, 2009
 "The Terrible Toll of America's Broken Misdemeanor Courts"OPINIONS RELEASED APRIL 29, 2009Lazarus - Affirmed        Dijols - Affirmed in part, reversed in part, and remandedEade - Reversed and remanded      Grossman - Affirmed  Andrews - Reversed and remanded        Goldstein - Reversed and remandedBidwill - Reversed and Remanded        (Does not include PCAs)NATIONAL ASSOCIATION OF CRIMINAL DEFENSE LAWYERSMinor Crimes, Massive Waste: The Terrible Toll of America?s Broken Misdemeanor Court"The explosive growth of misdemeanor cases is placing a staggering burden on America's courts...

FUN WITH ADMINISTRATIVE ORDERS/BUDDY OUTS MINDY

Posted on April 29, 2009
Did you know that the 17th Judicial Circuit, the "tough on crime" land of Mike Satz & former Chief Judge Dale Ross, is the only jurisdiction in the entire United States of America to have a special day of distinction when all court business is in appreciation of a convicted felon and ex-federal prisoner?  Yup, it's true...

JAABLOG'S 411

Posted on April 28, 2009
 Do you have a Question?We here at JAABLOG figure it's about time to put Broward's nascent transparency movement onto the fast track.  Frankly, we don't want to keep doing it alone.  It's boring.Here's the idea: by posting a comment, or through the Anonymous Tips box on the left side of the Blog, send us questions you want answered by BSO, the SAO, the PD, Court Administration, the judiciary, or any other governmental agency you fancy...

BONUS FOR BIG AL & $150 AN HOUR FOR ROGOW

Posted on April 28, 2009
 Hey Grandpa!Congratulations to Jennifer, Craig, Phyllis, and the Bossman on the birth of happy, healthy Maya.  Lonestars all around!Thanks to the good folks in the public information office at the SAO for coming through so quickly...

BSO SOLVES HOMELESS PROBLEM

Posted on April 27, 2009
 SCOTT MCCALLPermanent Address: "At Large"Current Address: Broward County Jail (can't make $350.00 Bond on Felony Petit Theft charge)PC AFFIDAVIT"Defendant was observed using electrical outlet outside 7-11 for approximately 2 minutes ....

GREAT NEWS: JENNE GOT ALONG FINE WITH THE BLACKS!

Posted on April 26, 2009
 Soul Brother No. 1 with David BogenschutzBROWARDBEAT.COMJenne Gets On With His Life"Jenne had to stuff paper in the crack at the base of the door to keep the rats from his cell.  If he put his food down for more than five minutes, roaches got to it...

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