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Federal Judiciary

Southern District of Florida

News and notes on the Southern District of Florida

Post Frequency: 3.1/day

Last Entry: November 03, 2020 at 07:42:00

Happy Festivus...

Posted on December 23, 2008
...for the rest of us.

Judge Cooke grants Ben Kuehne's motion to dismiss Count 1

Posted on December 22, 2008
Huge news during this holiday week. Big props to Judge Cooke for doing the right thing and for authoring a beautifully written a href="http://online.wsj.com/public/resources/documents/bkorder.pdf"13-page order/a. I earlier had covered the oral argument of the motion hearing a href="http://sdfla...

Breaking!

Posted on December 22, 2008
Judge Cooke granted Ben Kuehne#39;s motion to dismiss Count 1. More to follow soon. ppSent via BlackBerry by ATamp;T

Props to Judge Zloch

Posted on December 22, 2008
a href="http://www.dailybusinessreview.com/images/news_photos/44458/Zloch.jpg"img style="DISPLAY: block; MARGIN: 0px auto 10px; WIDTH: 173px; CURSOR: hand; HEIGHT: 195px; TEXT-ALIGN: center" alt="" src="http://www.dailybusinessreview.com/images/news_photos/44458/Zloch...

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Verdict in goggle case

Posted on December 18, 2008
Guilty on 3 conspiracy counts; not guilty on 3 substantive counts. A clear compromise...br /br /I wonder how the prosecutor feels about this verdict against a pro-span class="blsp-spelling-error" id="SPELLING_ERROR_0"se/span woman who speaks English as a third language...

Busy!

Posted on December 17, 2008
a href="http://cache.gizmodo.com/assets/resources/2008/02/nightvision.jpg"img style="DISPLAY: block; MARGIN: 0px auto 10px; WIDTH: 463px; CURSOR: hand; HEIGHT: 412px; TEXT-ALIGN: center" alt="" src="http://cache.gizmodo.com/assets/resources/2008/02/nightvision...

"I thought I loved him, but now, when I look back, I feared him so much. I was his slave."

Posted on December 17, 2008
That was span class="blsp-spelling-error" id="SPELLING_ERROR_0"Sharhazad/span Mir span class="blsp-spelling-error" id="SPELLING_ERROR_1"Gholikhan/span during her 7 hours of direct testimony over the last two days before Judge span class="blsp-spelling-error" id="SPELLING_ERROR_2"Cohn/span...

What can a prosecutor say to the media?

Posted on December 16, 2008
Rumpole takes state prosecutor David Waksman to task for his comments to the press after a not guilty by reason of insanity verdict, which raises the question about what prosecutors can say to the press. This NY Times editorial addresses the recent comments by Patrick Fitzgerald in the Gov...

!!!!

Posted on December 14, 2008
He's got pretty good reflexes!

FECA matter

Posted on December 14, 2008
The government has moved to dismiss the wrongful death lawsuit filed by Ted Klein's family.Julie Kay has the details here:A wrongful death case brought by the children of a federal magistrate judge in Miami who they say died due to moldy conditions at a federal courthouse should be dismissed for lack of jurisdiction, the government is arguing...

Could the CEO of Coca-Cola win dismissal of a suit that contends he personally put mice in soda bottles?

Posted on December 11, 2008
That's the hypo that Justice Breyer presented at a recent oral argument. From the ABA Journal, which has been providing great coverage lately:The issue before the court is whether Javaid Iqbal?s suit against former Attorney General John Ashcroft and FBI director Robert Mueller is specific enough to withstand a motion for summary judgment, the New York Times reports...

Federal judges to get COLA if...

Posted on December 11, 2008
...the auto industry is bailed out. Thanks to a helpful comment, I see from the WSJ law blog that:So this $14 billion bailout bill currently making its way through the halls of Congress stands mostly to benefit the U.S. auto industry. But it also, oddly, stands to benefit federal district judges...

I will be candid with you. I simply cannot follow your argument because I believe you have just made a statement to me that is utterly irrational.?

Posted on December 11, 2008
While the Third DCA is bashing a juvenile judge, check out this bashing by Justice Souter of a lawyer who was arguing on Tuesday in the High Court. Ouch... You never really want to hear that your argument is "utterly irrational." From Adam Liptak's NYTimes article:There were flashes of incredulity and anger from justices at the Supreme Court on Tuesday as they considered whether Tennessee prosecutors had committed misconduct in obtaining and defending a death sentence against a man who murdered a Memphis couple in 1980...

Find me guilty

Posted on December 09, 2008
Sharhazad Mir Gholikhan is back in trial before Judge Cohn. You remember her -- she's the one who is accused of exporting night vision goggles to Iran. Bill Barzee represented her at her first trial where the jury could not reach a verdict. This time she is representing herself! Yesterday she conducted voir dire and did her opening in her prison khakis...

Monday morning...

Posted on December 08, 2008
Wanna know why our justice system is totally screwed up -- look here. That's the Herald article explaining that Lyglenson Lemorin , the only Liberty City 7 defendant who was acquitted, has just been ordered deported. So to review -- the other defendants are out on bond waiting for their third trial, while Lemorin -- WHO WAS FOUND NOT GUILTY -- is stuck in an immigration jail waiting to be deported because an immigration judge found that he did the same things for which a jury said no...

"Suspect in Dunkin' Donuts robberies barks at judge"

Posted on December 05, 2008
Why we need cameras in federal court: The headline and article about this case just don't capture what happened as well the video does (at this link).

Julie Kay follows...

Posted on December 05, 2008
... our post about the public defender controversy in Jacksonville here.Here's the intro:Attorneys who were fired en masse by a newly elected public defender and state attorney in Jacksonville, Fla., are considering legal action. Meanwhile, the incident is igniting controversy and debates about whether employees of these offices should be civil service employees and whether the position of public defender and state attorney should be appointed rather than elected...

From Celeste Higgins

Posted on December 04, 2008
I am happy to announce Dan Ricker will be the second speaker in the FBA's Luncheon Series.Mr. Ricker is the publisher and editor of Watchdog Review and a local contributor to The Miami Herald, WLRN Radio and WLRN TV. Mr. Ricker gave up a life of wealth and leisure to be the community's eyes and ears in local government...

Whoops.

Posted on December 04, 2008
Ileana Ros-Lehtinen hung up on Barack Obama.... TWICE!Obama laughed it off:"It is very funny that you have twice hung up on me," Obama said. Ros Lehtinen responded by telling Obama that radio stations in South Florida always make these sorts of jokes...

RIP Frederick Zloch

Posted on December 03, 2008
Judge Zloch's father passed away Sunday. Here's a beautiful article about him by Vanessa Blum. From the intro:Frederick J. Zloch, a longtime Little League coach and announcer at Fort Lauderdale's Lockhart Stadium, died Sunday in Fort Lauderdale. He was 87...

Bench & Bar Photos

Posted on December 02, 2008
Okay, so my pictures weren't the highest quality... SO....here are some more professional photos from the Bench & Bar conference:

Picture day

Posted on December 02, 2008
I am in a picture mood today, I guess. These two come from a reader who was on the turnpike this morning and had to stop when she saw these clouds rolling in. Pics taken with an iphone.

Shout out to South Florida Lawyers!

Posted on December 01, 2008
The ABA Journal named our anonymous blogging colleague -- South Florida Lawyers -- as a top 100 Blawg (law blog). Even though Rumpole and I got snubbed, a big congrats to SFL!

Public Defender elections

Posted on December 01, 2008
Florida is one of the few states that elects its Public Defenders. It's very strange. What platform do you run on for Public Defender? Tough on crime? Save the taxpayer money? Mostly, we've been lucky not to have anything crazy like this happen....

Help

Posted on December 01, 2008
One of my favorite readers forwarded me this NPR quiz and I can't figure it out:Name a type of lawbreaker that starts with the letter S, and which, upon removing the S as well as one other letter, becomes another type of lawbreaker.UPDATE -- a friend just emailed me the answer...

Happy Thanksgiving

Posted on November 26, 2008
We have a lot to be thankful for in this District... Discuss in the comments.See you all Monday.In the meantime, check out this story on the Broward Blog about Debbie Wasserman Schultz as the foreperson on this not guilty state court jury. (Hat Tip: Rumpole).

Ben Kuehne Motions Hearing before Judge Cooke

Posted on November 25, 2008
On behalf of the National Association of Criminal Defense Lawyers, I attended the hearing before Judge Cooke today dealing with the motion to dismiss Count I of the indictment, the conspiracy to violate the "criminally derived property" statute, 18 U...

A few news and notes

Posted on November 25, 2008
1. Ben Kuehne's motions hearing is this afternoon at 1:30. 2. The Pine Crest swim coach didn't get bond.3. A federal agent was indicted for taking kickbacks.4. Drew Brees won me my fantasy football game last night and looks like he is going to break Dan Marino's record...

Bench & Bar pictures

Posted on November 23, 2008
Judge Jordan and Judge Cooke Judge Dimitrouleas and Judge Cohn The dining roomA blurry picture of the criminal law magistrate panelJudge Moreno (my phone's zoom isn't so powerful).

Live blogging the federal bench and bar conference

Posted on November 21, 2008
Most of you won't be reading this right now because you all are here at the Hollywood Diplomat. This isn't the most exciting way to spend my birthday, but what are you gonna do?All the judges and magistrates are here. And there are over 500 lawyers here...

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