Criminal Law

DOCUMENTS IN STATE V. MARTINEZ

Posted on January 06, 2009
Order Granting Stay of ProceedingsState's Motion To Stay ProceedingsLebow's Order Disqualifying 17th SAO

LUCKY LARRY

Posted on January 06, 2009
SEIDLIN CLOSE-OUT MEMO (MIAMI SAO)"An extensive financial investigation was conducted, and it was determined that between November of 2003 and August of 2008, there was a total of $413,013.83, not including the tuition payments, that were paid to Judge Seidlin's wife, daughter, mother-in-law, and father-in-law from Barbara Kasler...

4th DCA 17th CRIM OPINIONS (PROBATION 1, KAPLAN/LOE 0)

Posted on January 06, 2009
                                                    OPINIONS RELEASED 1-5-09Lebow - Reversed Stumpff, although inactive, remained an ?auxiliary law enforcement officer? under section 943...

OATH OF OFFICE DAY

Posted on January 06, 2009
 Laz swears in the SheriffPALM BEACH POSTJudge Wennet's replacement, Abramson, to start today despite questions Abramson Letters: Crist to Supreme Court and PB CJ to CristSENTINELNew Palm Beach County state attorney to be sworn in today"Early in the campaign, McAuliffe offered a few ideas that grabbed attention...

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LIVOTI INDICTED

Posted on January 05, 2009
SUN SENTINELFeds: 2 Broward attorneys enabled massive Ponzi scheme"Two Broward County  attorneys enabled a massive Ponzi scheme that cost investors worldwide more than $800 million, according to a federal indictment unsealed today in Miami federal court...

LEBOW DISQUALIFIES 17th SAO

Posted on January 05, 2009
Judge Lebow denies dismissal in State v. Martinez but disqualifies the Broward State Attorney.Raft will seek extraordinary writ to the 4th, etc.No mistrial for manifest necessity...jurors were told not to report but specifically reminded that they were not discharged...

NEVINS GETS THE GOODS

Posted on January 05, 2009
BROWARDBEAT.COMConfirmed: Avalos Takes Job At Tripp Scott"Edward Pozzuoli, the director of the firm, ... said Avalos would be handling employment law and helping with complex commercial litigation...Before becoming judge, she was an assistant state attorney, prosecuting murder and sex battery cases...

REMEMBERING JOE CARTER

Posted on January 05, 2009
                                                                               JANUARY 15TH, 2009 AT 5:30 P...

AREN'T YOU GLAD YOU NEVER GOT BUSTED?

Posted on January 04, 2009
 Acid, incense, and balloons...WASHINGTON POSTFranken to be declared Senate victor in MinnesotaOld acid gobbling hippies in the Senate, drunk driving coke sniffing and pot smoking Presidents, junkie conservative talk show hosts, nightly cocaine and ecstasy fueled parties followed by Xanax to come down in Wilton Manors and Broward college dorms, judges who used to get really high, and Assistant State Attorney's hired by Mr...

COLIN'S CORNER

Posted on January 03, 2009
                                                                   Continuation of "Cozy Colin", by popular demand...

BAD NEWS FOR GARY KOLLIN

Posted on January 02, 2009
 Labarga bests JimenezPALM BEACH POSTLabarga appointed to Fla. Supreme CourtWELL DONE GOVERNOR CRIST!       (Thanks to Grey Tesh)

NOW WHAT....

Posted on January 02, 2009
If a JQC complaint is filed against LaBarga, how will proceedings be handled involving a Supreme Court Justice?ARTICLE V SECTION 12. Discipline; removal and retirement.--(e) Notwithstanding any of the foregoing provisions of this section, if the person who is the subject of proceedings by the judicial qualifications commission is a justice of the supreme court of Florida all justices of such court automatically shall be disqualified to sit as justices of such court with respect to all proceedings therein concerning such person and the supreme court for such purposes shall be composed of a panel consisting of the seven chief judges of the judicial circuits of the state of Florida most senior in tenure of judicial office as circuit judge...

JAABLOG CLOTHING DRIVE

Posted on January 01, 2009
 Sexy Underwear      Doo-Rags     Oil Spill Cleanup Rags Doggie Tuxedos   Dress for Dad's Sentencing  Snot RagThe rash of defrocked and electorally fired judges over the last two years has created a glut in the used judicial robe market...

LOCAL BOYS MAKE GOOD

Posted on December 30, 2008
Frank Maister and one time judicial candidate Gary Elsinger scored a major victory expanding indigents' right to counsel in the Florida Supreme Court today.  The 64 page opinion in Florida v. Kelly was issued in response to the following certified question: WHAT IS THE SCOPE OF A CRIMINAL DEFENDANT?S RIGHT TO COUNSEL UNDER ARTICLE I, SECTION 161 OF THE FLORIDA CONSTITUTION CONCERNING THE STATE?S USE OF PRIOR UNCOUNSELED MISDEMEANOR CONVICTIONS TO ENHANCE A LATER CHARGE FROM A MISDEMEANOR TO A FELONY?Kelly concerned a felony DUI charge where Mr...

A MESSAGE FROM GARY OSTROW

Posted on December 30, 2008
Because the latest developments are no longer useful to advance the political agenda of the sham-sentinel state- run propaganda machine, I must take it upon myself to enlighten the legal community as to the state of the May 10, 2008, front crucifixion page story in the days following my misfortune in Tallahassee...

SCRAP THE PARTISAN JNCs!

Posted on December 30, 2008
 The torture never stops...ST. PETERSBURG TIMESTake politics out of Florida's judiciary Talbot "Sandy" D'Alemberte is a former president of the American Bar Association, former president of Florida State University and former state legislator. Bob Graham is a former U...

DOUBLE DIPPERS

Posted on December 28, 2008
 Power is twice as nice with two paychecksST. PETERSBURG TIMESDouble dipping rises despite outrage "Until the law was changed, members of the Florida Retirement System who signed up for DROP were required to leave the state payroll at the end of five years or forfeit the lump-sum benefit...

4th DCA 17th Circuit Criminal Opinions

Posted on December 26, 2008
OPINIONS RELEASED 12-24-08Gold - Reversed/Remanded    Because Fulmore had benefitted from a withholding of adjudication in a prior felony case, in order to withhold adjudication of guilt in the present case, the trial court was required by section 775...

MEDIA 12/25

Posted on December 25, 2008
NATIONAL GAY NEWSDisbarred Attorney Calls Gays 'Perverts'"Forget Pastor Ric Warren for a moment, the Coral Gables attorney permanently disbarred earlier this year by the Supreme Court of Florida posted an opinion on a justice association blog last week that homosexuals are 'sexually perverse...

JAABLOG PRESENTS: YOU MAKE THE CALL!

Posted on December 23, 2008
                                                                                                       LABARGA V...

WHAT WILL JUDGE LEBOW DO?

Posted on December 21, 2008
The closing arguments in A href="http://jaablog.jaablaw.com/2008/12/16/closing-arguments-tomorrow.aspx"EMState v. Martinez/EM/Anbsp;were made before Judge Lebow last Wednesday.nbsp; The Judge said she will do her best to rule before New year's, or before January 5th, when trial is set to resume...

This Blog Serves A Public Purpose by Norm Kent

Posted on December 21, 2008
PSPANFONT face="Times New Roman"EMIMG style="WIDTH: 237px; HEIGHT: 225px" height=388 src="http://images.quickblogcast.com/34726-32374/blogshakespearecomic.bmp" width=282BRBR"If you are not offending people who ought to be offended, you're doing something wrong...

CASES

Posted on December 19, 2008
FONT size=1Criminal law -- BJuveniles -- Loitering and prowling/B -- Juveniles' presence in residential neighborhood early in the morning, without more, did not support charge of loitering and prowling -- Although officer was justified in questioning juveniles when he discovered them wearing dark clothes, in the area of a 3:30 a...

THE BIGGEST LOSER

Posted on December 18, 2008
EMIMG src="http://images.quickblogcast.com/34726-32374/0,1425,i51009,00.jpg"nbsp;Satz's dirty little secretBRBRJAABLOG's/EM army of high paid statisticians has been working around the clock, thanks to a generous grant from A href="http://www.gatesfoundation...

Third Eye Blind

Posted on December 18, 2008
nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;IMG src="http://images.quickblogcast.com/34726-32374/seilerr_bmp.jpg"BRBROld Jaybird is busy again, this time pimping for Jack Seiler.nbsp; Oh boy!nbsp; Has Jaybird finally picked a winner?nbsp;BRBRRemember, with all Jaybird's efforts, Lemack still lost to Israel...

FLORIDA JUDICIAL POLITICS GETS EVEN WEIRDER

Posted on December 18, 2008
STRONGPALM BEACH POST/STRONGBRA href="http://www.palmbeachpost.com/localnews/content/local_news/epaper/2008/12/18/1218abramson.html"EMAbramson stripped of law license; vows to serve as judge/EM/ABRBRA href="http://www.floridasupremecourt.org/pub_info/summaries/briefs/07/07-713/Filed_12-08-2008_Order_Supension...

Buh-bye!

Posted on December 18, 2008
Pnbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;IMG src="http://images.quickblogcast.com/34726-32374/2037854425_6746eccc54.jpg"BRBRnbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;EMDecember 19th is "Last Day Friday"/EMBRBRnbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;EMBuh-bye, Eileen...

THE BROWARD COUNTY COMMI$$ION

Posted on December 18, 2008
IMG src="http://images.quickblogcast.com/34726-32374/book1.jpg" border=0nbsp; STRONGIMG src="http://images.quickblogcast.com/34726-32374/lori_geoff.jpg" border=0BRnbsp;nbsp;nbsp;nbsp;nbsp;nbsp;/STRONGEMLobbyist Ron Book/EMBRBRSTRONGBROWARD NEW TIMES/STRONGBRA href="http://www...

CLOSING ARGUMENTS TOMORROW

Posted on December 16, 2008
 Is Lady Justice Broward nothing more than a cheap whore?The Motion To Dismiss Based On Prosecutorial Misconduct in State v. Martinez concludes Wednesday before Judge Lebow.  Attorneys for both sides provided case law and written authority to the Judge today...

"DISHONESTY, FRAUD, DECEIT, OR MISREPRESENTATION"

Posted on December 16, 2008
 The Florida Bar News Disciplinary Actions for December 15, 2008John Bruce Thompson, 5721 Riviera Drive, Coral Gables, permanently disbarred without leave to apply for readmission, effective 30 days from a September 25 court order. (Admitted to practice: 1977) Thompson is charged with extensive misconduct and a complete lack of remorse...

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