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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

IT COULD HAPPEN HERE

Posted on August 24, 2009
IT COULD (AND HAS) HAPPENED HERE. Choosing life based on genetics. Ordering death or sterilization for those whose physical/mental appearance or abilities do not meet the standards of the State. Does Obama?s health plan call for death squads? Of course not...

IT'S A FOOTBALL SUNDAY!!!! (Saturday night)

Posted on August 22, 2009
DOLPHINS UPDATE: Rookie sensation CB Sean Smith and CB starter Jason Allen are out of tonight's game with the FLU. Various media outlets are reporting it is the Swine Flu, but other reports indicate that no tests have been done and doctors are generally calling any flu this time of year as "suspected swine flu...

JUSTICE?

Posted on August 21, 2009
There are two news items for us to ponder in our never ending examination of Justice:ITEM: SCOTLAND RELEASES MAN CONVICTED OF LOCKERBIE BOMBING:On December 21, 1988 terrorists blew a 747 out of the sky over Lockerbie, Scotland, killing 270 innocent men, women, and children...

3rd DCA ROUNDUP

Posted on August 19, 2009
THE EMPIRE STRIKES BACK EDITION.From James v. State, Judge Shephard, somewhat upset:On August 24, 1999, Derrick James was sentenced to twenty years in state prison as a habitual felony offender and prison releasee reoffender for burglary of an unoccupied dwelling and grand theft...

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THORNTON SEALS THE HIRSCH TAPES

Posted on August 18, 2009
The South Florida Lawyer's blog and the Sun Sentinel (the title of the post links to the Sun Sentinel article) report that Judge Thornton has SEALED PERMANENTLY the "Milt Hirsch" tapes.�Thornton is quoted as saying that he listened to the tapes "not once, but several times" and that the tapes DO NOT, repeat, DO NOT SHOW THAT HIRSCH TOLD HIS CLIENT TO FLEE...

STAYING STUPID ON CRIME

Posted on August 17, 2009
From NY Times Op-Ed Columnist Charles Blow, an Op-Ed piece entitled "Getting Smart on Crime" caught our attention. (The title links to the article.)Stats: US Prison population has quadrupled over the last 25 years while the population has grown by less than a third...

NPR REPORT: PD PLIGHT

Posted on August 17, 2009
Be warned: this is a very disturbing post. (If you're interested in a Dolphins preview, check out the previous post. And we are happy to report that Ana's cyclonic circulation has dissipated to point where she is not even being tracked for the time being...

NFL 2009 DOLPHIN TIDIBITS

Posted on August 17, 2009
With the start of the 2009 pre-season, many of you are wondering whether we can keep up for a 3rd year our absolutely astounding ability to pick football games well beyond the 66% winning percentile most pro touts only dream about. Rumpole says: we've been doing it for 25 years or so, so why should this year be any different? Take it from the guy who has watched 90% of ALL plays in EVERY pre-season game this year so far (The NFL Channel makes our job so much easier), we will be ready on day one to make you some bucks...

ANA AND BILL

Posted on August 15, 2009
Business being a bit slow at Home Depot and Channel Seven, and mindful of President Obama's mandate to stimulate the economy, we bring to you:Tropical Storm (although we think it has been upgraded to a Hurricane) BILL:Tropical Storm Ana:Site Feed

RULE BRITANNIA

Posted on August 14, 2009
There's been some sort of coup in Turks and Caicos and Britain has suspended the government and imposed Home Rule on the Islands. The title links to the Herald article. Rule BritanniaBritiannia rules the waves....Site Feed

JUDGE ARTHUR SNYDER

Posted on August 13, 2009
Based on the conversations yesterday, we think the only thing to do is create an official post for talking about memories - good and bad- of one of the legends of the REGJB.Mayor Of North Miami Beach.�Circuit Court Judge.�First Mayor of Aventura.�Cantankerous jurist with a tennis court named after him, Judge Snyder was nothing if not controversial...

3rd DCA ROUNDUP

Posted on August 12, 2009
It's time again for our Third DCA roundup. Defendant's keep filing appeals, and they keep denying them. It's a long hot summer and it's obvious our overworked judges at the 3rd DCA are taking some well deserved time off. Only one case merits our discussion:Hutchinsion v State...

DOLPHINS BLOW IT

Posted on August 11, 2009
Today is Tuesday and if business is still slow and you didn't call Susannah Nesmith yesterday, what are you waiting for??Fallout from our criticism yesterday of Atticus Finch was rather severe. Some emails suggested we would be hung in effigy if they only knew what we looked like...

JACK DANIELS AND JUDGES WHO CURSE

Posted on August 11, 2009
Longtime and careful readers of the blog know our interest in obituaries and a life well lived. And while we note the passing of Eunice Shriver, sister of Ted, Bobby and JFK, it is the life and death of Jimmy Bedford that has caught our attention. Jimmy Bedford's NY Times Obituary is here...

RUMPOLE'S SUNDAY QUIZ

Posted on August 09, 2009
We apologize in advance for confounding our robed readers as they peruse their sunday comics.5 logicians walk into a diner for breakfast. The waitress approaches and asks "does everybody here want coffee?"The first logician says "I don't know."The second logician says "I don't know...

OH SUSANNAH

Posted on August 09, 2009
Today is Monday and if you're not in court trying a case like the rest of us, perhaps business is a bit slow? What are you going to do about it? Looking at the phone won't make it ring. And don't even think about calling that slimy bondsman who slipped you his card last week...

SI

Posted on August 06, 2009
SOTOMAYOR SI!Site Feed

3rd DCA ROUNDUP

Posted on August 05, 2009
If Wednesday was Sundae then Thursday is our 3rd DCA roundup day:There is no crime of attempted battery on a law enforcement officer. There. We said it. It's out in the open. And the 3rd District agrees here in Myers v. State. Another reason that there is no crime of attempted battery of a police officer in Florida is that if you take a swing at a cop and miss they're going to beat you up so bad that they're bound to charge you with at least battery on a police officer...

WEDNESDAY IS SUNDAE

Posted on August 04, 2009
According to the South Florida Blog, someone named "The Grinder" is after Milt Hirsch. Yikes!Bill Clinton rescued 2 US Journalists from North Korea. It's a well known fact that the dear leader of that nuclear state often takes to wearing four inch lifts in his shoes...

TUESDAY IS LOOKING BETTER

Posted on August 03, 2009
Monday is done. Despite the hostile environment you know where, our client emerged from court looking like this:And that's how we will feel back in the friendly confines of our home turf on Tuesday. And speaking of smiling, there are two attorneys who are downright beaming...

COURT ON MONDAY

Posted on August 02, 2009
Monday's going to be tough. When we walk into court Monday, it's going to look something like this to us. Where are we? See ya. Site Feed

NOT GUILTY WITH AN ASSIST FROM THE BLOG!!!

Posted on July 31, 2009
There are many ways we have, over the years, snatched innocent clients from the maw of the state. But suffice to say the comment below leads us to believe this is the first time we have ever contributed to a not guilty by virtue of our humble work here: Anonymous said...

ALL MILT ALL THE TIME

Posted on July 30, 2009
(Almost all Milt all the time: Here's the DBR article on Brown/Lederman..et.al.) The controversy rages on....what did Milt Hirsch say? When did he say it? Are the tapes admissible at any proceeding? Should they be? What about the disparity between Stallworth and Casey? Who is John Galt? The best of the comments from the last two days: Anonymous said...

MILT HIRSCH DUST UP

Posted on July 29, 2009
A couple of thoughts:There's a Georgetown graduate sitting in jail facing a 12 year prison sentence for DUI manslaughter. He had no priors and had otherwise led a lawful and productive (albeit no TDs) life. How do you think he and his family felt when they saw a star football player (OK...

WALT DISNEY PRODUCTIONS PRESENTS

Posted on July 28, 2009
DUI...Broward style:The scene: A traffic accident in Hollywood, Florida. A Hollywood police officer has apparently rear-ended a car being driven by a young woman. This being North of the Border, the police are scheming to arrest the young woman and alter the accident report to reflect an accident more to their liking...

A JUDGE WRITES IN

Posted on July 27, 2009
Play our Presidential trivia game, below:Based on the email address, we're pretty sure this is a Judge, but there is no way to be 100% sure. We received this email. It's hot. No one wants to be working. And apparently, tempers are running a bit short:Dear Rumpole: Would you print this on the blog? It might help make calendars run a bit smoother...

A LAWYER RESPONDS

Posted on July 27, 2009
Hot on the heels of our putative and punctilious Judge, a lawyer responds: Your Honor,May it please the court: I shall endeavor to respond point for point to your list of complaints:1) No contest. You are 100% correct. I shall pledge to smack in the head any lawyer I see raise two fingers on both hands to indicate parenthesis...

THE GATES ARREST

Posted on July 24, 2009
Lets take a look at the Gates arrest. What do we know? 1) A neighbor calls the police after she sees Gates on his porch with a backpack trying to open his door. An afro-american driver is assisting him. (With neighbors like these, who needs....)2) The police arrive to a call of a burglary in progress...

3rd DCA ROUNDUP

Posted on July 23, 2009
UPDATE JOEL BROWN SWORN IN AS CHIEF JUDGE TODAY!!!Someone screwed up and we didn't get our invitation. Nevertheless the theme of his speech "We're not Broward" * �was quite a hit we hear.It's hot out. Nobody wants to work. Seems like a good time for our 3rd DCA round-up:Echevarria v...

SEWAGE AND SLUDGE IN THE CLERK'S OFFICE

Posted on July 22, 2009
Who among us hasn't at some time of frustration cursed our little courthouse as a "sewer" and some of its inhabitants as "sludge" ? Be careful what you ask for....because now comes word courtesy of a DBR article that budget cuts have had the unintended effect of "bumping" workers from their regular jobs into our clerks' office...

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