As Paul Newman said in The Verdict: “Your honor, if you’re going to try my case for me, I would appreciate it if you didn’t lose it.”
Here’s what the readers are writing:
Judge Thomas interrupted the Defense into her closing statements, but come one , he's not the only that does it. Just this week, Ms. Penny O'Connell had her closing statements interrupted by another Judge who lodged an objection even though the State was represented by two capable attorneys. so Thomas is not the only one. I'm glad to report that even though we had side bars at least eighteen times throughout the closing, Ms. O'Connell together with Ms. Golson from the PD's office won their case.peace and out
The Riddler said:
My sources tell me that Ms. Stefel and her co-counsel Gary "half" Pont won a trafficking case despite Judge Thom-ass doing everything in his robe to interfere with the defense. Next trial may I suggest that the Judge actually get off the bench and tackle Ms. Stefel during her closing. This way the State and Judge Thomas (a.k.a. Shaft) might have a chance at a conviction. Or maybe Judge Thomas should just require Ms. Stefel to try a case blindfolded after picking a random defense from a hat.Maybe the defense should not complain. I hear there have been NG's coming out of there often. And when you lose in there, you have to listen to the Judge tell you what you did wrong while the next panel waits in the hallway at 7:00 p.m. wondering what lottery from hell they won to have to be subjected to what has become the Guantanamo Bay of the REGJB for jurors.
Memo to J. Thomas: Let the lawyers try the case. Do your best to rule on the law.
Why make this so difficult?
For 200 years we have followed this system of law.
No one person has the right to violate the rules we all share.
As to Ms. Stefel, you go girl.
Rumpole notes, for those robed readers unfamilar with the last few lines of the Riddler's post, he/she was quoting from the criminal jury instructions.
As we understand it, the PDs didn't just win a case. They SPANKED a prosecutor who works for the DRUG CZAR - DR. NO and walked a client facing 25 big ones.
A certifiable genius writes:
the new judges have black robe fever.
A reader weighs in:
You should have seen how Judge Emas handled a trial.He was judge, jury and executioner.He would take over and make sure it went only HIS way.I too am tired of activist judges who can not shut up and watch.
THE JAMES BROWN OF JUDGES”
A topic has arisen: The Hardest Working Judge in the Building.
First nominee for the Poll: Jeffrey Rosinek. No question he is dedicated and puts in the hours. He changes peoples lives for the better and is a finalist. Other judges will be considered so write in. We will put up a poll of six or seven and see who wins.
WHITHER RUMPOLE??
Careful readers have noticed a bit of a slow down in our posts. They comment that “the blog is dead”, “give it up”, etc.
Rumpole admits to a bit of bloggers block. In trying to analyze it, we have come to the conclusion that some 20+ years of keeping our opinions to ourselves backed up to the point that it exploded on the early pages of the blog. Thus the previous witty and on topic posts like “trial lawyers bill of rights”.
We have been busy actually making some money for a change these last few weeks, and clients do come first. However, we are not afraid and believe that the creative juices will flow again. Until that time, you can enjoy the Captain, the Riddler, and the comments of Anonymous.
Who among us has not had their otherwise dreary day brightened considerably by logging on and seeing “zzzzzzzzzzzzzzzzzz”???
King of the Bloggers?
We humbly quote the Bard:
My crown I am; but still my griefs are mine: You may my glories and my state depose, But not my griefs; still am I king of those.
King Richard II.
Keep reading.
See You In Court.
PS. Brian T, is that really Abe “The Master of Disaster” Laeser writing on our humble blog?
42 comments:
http://www.better-english.com/easier/theyre.htm
Dear Sir
Judge Thomas is the judge. If he wants to interupt in close, he free to do so. And depending on what was said by counsel, it is perfectly fine for a judge to sue sponte object. Of course he had better be correct on the objection.
What would happen if the state were making an improper arguement where the defense atty missed the objestion and the judge did the same thing?
Judge Thomas moves shit along. That is good. We like that if we are a trial atty. We love this if we are a public defenders- FOR THE TRIALS! And the fame yo! Just Money Mike's ho.
But Thomas needs to chill a bit. He is not a Federal judge although I wish he were. He should remember that he won because he worked his ass off and b/c it was a national election. He will face gretaer challenges if he gets opposition next time around.
Who's woods these are, I think I know.......
that was a ridiculous post. so you lost. stop crying about it. no one wants to hear it.
what's wrong with showing some emotion? or placing your arm around your client to show that he/she's not a monster? just because shari didn't try the case like most ASA's do... like some kind of robotic peon... doesn't mean she's sleazy. that's just good trial practice.
Will someone please explain what Judge Thomas objected to and called the attorneys side-bar about?? In other words, what specifically was being done that he addressed? Was it a fundamental error issue?
Cut her some slack. She is a female lawyer trying to make it in a man's world.
REGJB hath no fury like a judge scorned. All hail the African Queen!
Anyone following the controversy re the payment of capital defense attorneys? Apparently, a second circuit judge ruled that the court may grant capital attorneys MORE than the statutory maximum if appropriate. Every member of the legislature's Commission on Capital Cases voted to appeal the ruling........except one.
Leslie Rothenberg. She apparently believes that a circuit judge has (and should have) the discretion to award reasonable compensation.
Gotta love it. It was a really gutsy decision (which, of course, is no great surprise.......she's always done what she thinks is right), especially since her decision may have adverse implicatons for her career. KUDOS to Rothenberg.
always liked her. go girl go!
Re: Shari
I obviously want to congratulate her for the big win. Whatever she
did worked, period!
However, regarding the objection,
I really don't see what the big deal is. Anyone who has tried enough cases will tell you that a sua sponte objection by the court or a sua sponte suggestion as to how the state should proceed happen all the time.
Shit I once had a Circuit Court Judge go sidebar with the ASA without me or my client during a
jury trial. And they wouldn't
even tell me what was said.
Or let us not forget Miller's brilliant Juror Questions method.
Bottom line is trial is war and you have to fight through everything to win. Who cares what
a judge does to you, fight back,
argue your ass off, be nice to the
jury, cross on important issues
and you always have a shot to win.
Please explain: what did the judge interject about? What was the issue? Are we all just talking here...or does anyone really know?
If what the person who posted under the banner Crime Defense saw at trial was true, then what he/she saw was not a sleezy lawyer, but an inexperienced lawyer. It is hard to walk the tightrope of defending a client staring down a mandatory 25 years without emotion. Yet as any experienced trial lawyer knows, when you can harness the emotion and fear and keep it under wraps, you do a better job for the client. If the APD showed too much emotion, that was from inexperience, not being sleezy. Give the woman a break. Plus, she won.
no one is here to defame anyone, so stop the African Queen. it's juvenile
Someone emailed us privately about the "Master of Disaster" tag on Mr. Laeser. Here is our public response: 1)one rule of thumb for the REGJB: When you can take a shot at Mr. Laeser, you should do so, within the bounds of professionalism and respect. He has earned both by serving this community and zealously prosecuting those who injure or kill police officers. He is in fact a true master at trial. We like and respect Mr. Laeser, but just can't help tweaking him a bit, all in fun. 2) Thus the nickname is one of respect: try a case against him and get ready for a disaster, because he will rain a world of hurt on you and your client legally. And he will do it by being 101% prepared and ready for anything. Its a good nickname, not a mean one, in our humble opinion.
glad to see a post actually praising Judge Rothenberg. for too long she has been the kaiser soyze of the defense bar.
You, my fellow defense attorneys, make me sick with your "win, whatever it takes" attitude. Most of our our clients are guilty and we should win when we deserve to win and within the rules.
all is fair in criminal defense...
"You, my fellow defense attorneys, make me sick with your "win, whatever it takes" attitude. Most of our our clients are guilty and we should win when we deserve to win and within the rules."
Both sides are guilty of that. Be fair, even though it's the blog
WOULDN'T IT BE GREAT TO TURN ON THE TV AND HEAR ANY U.S. PRESIDENT,
DEMOCRAT OR REPUBLICAN GIVE THE FOLLOWING SPEECH?
I would like to forward this to the presidential speech writer.
My Fellow Americans: As you all know, the defeat of Iraq regime has
been completed. Since Congress does not want to spend any more money on this war, our mission in Iraq is complete.
This morning I gave the order for a complete removal of all American
forces from Iraq. This action will be complete within 30 days. It is
now to begin the reckoning.
Before me, I have two lists. One list contains the names of countries
which have stood by our side during the Iraq conflict. This list is short. The United Kingdom, Spain, Bulgaria, Australia, and Poland are
some of the countries listed there.
The other list contains everyone not on the first list. Most of the world's nations are on that list. My press secretary will be distributing copies of both lists later this evening.
Let me start by saying that effective immediately, foreign aid to those nations on List 2 ceases immediately and indefinitely. The money saved during the first year alone will pretty much pay for the costs of the Iraqi war.
The American people are no longer going to pour money into third world
Hellholes and watch those government leaders grow fat on corruption.
Need help with a famine? Wrestling with an epidemic? Call France.
In the future, together with Congress, I will work to redirect this money toward solving the vexing social problems we still have at home.
On that note, a word to terrorist organizations. Screw with us and we
will hunt you down and eliminate you and all your friends from the face of the earth. Thirsting for a gutsy country to terrorize? Try France, or maybe China.
I am ordering the immediate severing of diplomatic relations with France, Germany, and Russia. Thanks for all your help, comrades. We are retiring from NATO as well. Bon chance, mes amis.
I have instructed the Mayor of New York City to begin towing the many UN diplomatic vehicles located in Manhattan with more than two unpaid
parking tickets to sites where those vehicles will be stripped, shredded and crushed I don't care about whatever treaty pertains to this. You creeps have tens of thousands of unpaid tickets. Pay those tickets tomorrow or watch your precious Benzes, Beamers and limos be turned over to some of the finest chop shops in the world. I love New York.
A special note to our neighbors. Canada is on List 2. Since we are likely to be seeing a lot more of each other, you folks might want to try not pissing us off for a change.
Mexico is also on List 2. President Fox and his entire corrupt government really need an attitude adjustment. I will have a couple extra tank and infantry divisions sitting around.
Guess where I am going to put em? Yep, border security.
Oh, by the way, the United States is abrogating the NAFTA treaty - starting now. We are tired of the one-way highway. Immediately, we'll be drilling
for oil in Alaska - which will take care of this country's oil needs
for decades to come. If you're an environmentalist who opposes this
decision, I refer you to List 2 above: pick a country and move there.
They care.
It is time for America to focus on its own welfare and its own citizens. Some will accuse us of isolationism. I answer them by saying, "darn tootin."
Nearly a century of trying to help folks live a decent life around the
world has only earned us the undying enmity of just about everyone on the planet.
It is time to eliminate hunger in America. It is time to eliminate
homelessness in America. To the nations on List 1, a final thought.
Thank you guys. We owe you and we won't forget.
To the nations on List 2, a final thought: You might want to learn
to speak Arabic.
God bless America. Thank you and good night.
Riddler - why do you waste your time? the people who write the bullshit you criticize get off on being chastized.
I just hope everyone that particpated in the trashing of shari stefel, a good young lawyer, realizes what complete pieces of shit they are.
The SAO doesnt deserve Ben Daniel.
BEN DANIELS...Now there is a name we have not heard in a while.
Rumors drifting out of the SAO seem to confirm that the Narcotics ASA in the trial everyone is commenting on went to his boss, the Drug Czar DR NO and asked permission to make a reasonable plea offer. DR. NO SAID NO (what else?) and the ASA, duly trained that "all orders must be obeyed" marched into court like a good little solider...and...well....we all know what happens to the infantry.
It's the GONG SHOW, and our "HOOK OF THE WEEK" (aka REVERSAL OF THE WEEK) is:
Let's start a new feature on the blog: The Reversal of the Week. Once a week, we will highlight an appellate court case from the 3rd DCA where one of our fine jurists and their decision was sent packing back to the REGJB.
and why not start with the judge that is by far the favorite among those to criticize on this blog, none other than Judge David "Maximum" Miller (also voted the best State Attorney in a Rump poll).
On March 22, 2006, the 3rd DCA decided Bauder v. State, 31 FLW d858. The panel included Cope, Ramirez and Rothenberg. The defendant was instructed by Judge Miller to sit in the box because of a possible outstanding warrant. At some point, it appears that the defendant decided he had better things to do, so he walked out of the courtroom, out of the courthouse and across the street to the parking lot. Judge Miller's bailiff ran after him, detained him and brought him back to the courtroom. Judge Miller immediately held the defendant in contempt and sentenced him to six months in jail.
Only one problem; Judge Miller forgot to hold a hearing.
As the 3rd DCA opinion read:
"Florida Rule of Criminal Procedure 3.830 allows for a finding of direct criminal contempt when the court sees or hears the conduct constituting the contempt. Pursuant to the rule, however, prior to a finding of contempt or the imposition of a sentence, the accused must be informed of the charges against him, be permitted to provide good cause why he should not be held in contempt of court, and be given an opportunity to offer any mitigation of his conduct. As the trial court summarily found Mr. Bauder in direct criminal contempt and sentenced him without complying with the rule, the judgment and sentence must be reversed."
By the way, you'll love the argument made by the government's attorney to support Judge Miller:
The AAG, after filing for several extensions of time to file her answer brief, argued that the appeal was moot because the defendant, (by now), had already done the six months.
The 3rd DCA decided that it was their responsibility to remind Judge Miller, that wearing a robe and holding a gavel, does not mean you get to forget the rules.
keep watching this blog for our weekly Gong Show segment called "Hook of the Week".
Captain out .....................
What makes you think Miller "forgot" to hold a hearing?
And can we stop talking about him since no one has the guts to run against him. In one more week - hey buys himself 6 more years - congrats to all of us
Miller is what Miami deserves. Do you think this would happen in a smarter city. Miami sucks ass and we will forever be cursed with Millers.
"Stand up, stand up, stand up for your rights. Stand up, stand up, don't give up the fight."
How much money and campaigning do you all think will take to unseat Miller? By a Hispanic woman? By a Hispanic man? By a Black woman? By a Black man? By a Jewish woman? By a Jewish man? By a WASP woman? By a WASP man? Just thinking about fielding a candidate by Friday...
Let's not all throw out our two cents in on a specific issue (Judge Thomas trial) that we dont have all the info. If I'm an attorney, I dont want the Judge butting in. (Unless, under RARE and LEGAL circumstances, it becomes necessary). Pleae don't insult all the attorneys in that trial which most of us (myself included) have zero first hand knowledge about.
Cases are won and lost every day. Such is life, such is the reality of our chosen filed of prosecuting, defending, and judging. As far as Ms. Stefel goes, I have seen her a few times in Calendar, is intelligent (like most of us) and seems to do her job very well. I took over a few cases from her, and her depos and pre-trial practice of working up the case and issue spotting was tremendous. much better than some much more experienced attorneys. I have nothing but good things to say about her work, based on the limited dealings I had with her. I think she is an asset to the bar.
Good evening,
..........
"I WISH SHE HAD BETTER ABS, SHE REALLY NEEDS TO WORK ON THEM." I MEAN WHAT ELSE ARE WE GOING TO SAY ABOUT THE MATTER. SHE WON AND JUDGE THOMAS SUCKS. NEXT TIME YOU GET AROUND TO IT RUN AGAINST THE GUY OR SHUT UP. AS FOR STEFEL, IF YOU REALLY LIKE HER AS YOUR ATTORNEY, COMMIT A FELONY AND HIRE HER AND HOPE TO DEATH THAT THOMAS IS NOT YOUR JUDGE. YOU WILL GET FRIED.
genius. will someone please arrest me for a felony and put me in thomas' division.
Shari Stefel does a great job. End of story. Her client is out of custody, not sitting in prison for 25 years..to me, that is a victory. Whoever criticized her might benefit from showing a little more emotion at trial.
Shari has a nice round ass for a white girl. 'And that I like'.
Good ass...whatever...bad hair
yeah...and I forgot...smell my finger
The vile and inappropriate nature of the comment above doesn't even deserve a response.
However, we all know the asshole who wrote it is too stupid (and pathetic) to ever have had any chance with Shari. Stop fantasizing...Your grade school tactics won't get her attention. Frankly, It's creepy.
I agree. Clean it up you dorito eating mountain dew drinking pimply-ass piece of shit. Show a little class. There is no excuse for writing crap like that about anyone on this blog. Except for Judge Thomas.
Anyone have any news on Migna Dirty-Sanchez Llorenz and her dealings with Saida Nunez? Shelly, get on these so called ladies and report them left and right. Something smells rotten and it is no David Miller this time...
It is the hope of many that Migna be the only Hispanic Candidate to loose on September 5th. From my lips to God's ears. Amen.
juan why are you obsessed with migna?
she sucks that's why.
Mandingo Sanchez
whoever said hispanics are a minority in dade county could use a math refresher course.
On the bench Hispanics are a minority. Do the math smart guy/girl. Could it be because they are unqualified? Things that make you go uhmmm...
Migna is a great person and friend. I think a lot of people are intimidate by her being such a strong hispanic woman. I hope she wins.
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