Thursday Opinions From The 4th
Opinions issued February 7, 2007
Gonzalez v. State, Backman case. Although Backman was affirmed for following established law, many defense lawyers do not know that when you elicit your client’s exculpatory hearsay statement from a witness, if the state does not object, the state may ask the judge to tell the jury the number of impeachable priors your client has. Unless there is a tactical reason to do this, such a blunder would certainly constitute ineffective assistance of counsel.
Elisha v. State, Newman case. Although Elisha admitted he was masturbating in the stall at the Swap Shop, the prosecutor’s thirty-some-odd references to Elisha being a "condom-carrying masturbator" was an impermissible attack on Elisha’s character and the court should have granted defense’s motion for mistrial. Also, a mistrial should have been granted when the state played Elisha’s statement that included a request for an attorney.
Williams v. State, Gardiner case. Defendant is charged with aggravated fleeing and burglary of an SUV. One cop is watching Williams trying to break the glass of an SUV. That cop does not testify at trial. Gardiner is reversed because she allowed a police officer, who did not witness the burglary, to testify to the hearsay statements of the cop who witnessed the burglary. The hearsay violated Williams’ confrontation rights as defined in Crawford v. Washington. Similarly, Gardiner improperly allowed the state to introduce a police dispatch tape recorded during the ensuing police chase that contained the statements of four different cops. With respect to the cops who did not testify, the statements on the dispatch were testimonial hearsay; therefore, the admission of the tape violated Williams’ confrontation rights.
on that Gonzalez case, above, though I was the appellate attorney, I was not, repeat, was NOT the trial attorney described by the author as having done "a blunder would certainly constitute ineffective assistance of counsel." Phew!
so i guess you are throwing john cotrone under the bus, ouch
oh yea, Annonnnn calling out the Cannoli for calling out Cotrone - this could get ugly.
UMMMMM You can just feel the love in the room.
It seems like Judge Gardiner gets reversed all the time. Can JAAB keep a running total on who is the most reversed judge? She claims to try more cases than anyone else and id therefore reversed more often. I disagree with this logic, and I think the pattern of reversal could point to a real problem with her thinking. Is this something the JQC should investigate? The repeat offender court edict and her repeated pro-state illegal rulings should probably be looked at.
VoyeurLawyer
i agree with you, isnt it funny that in the whole history of this blog no one has ever really been critical of her. It appears that JAAB has already set thier adgenda who they are out to get and just look away from other judges with questionable behavior.
FUNNY SOMEBODY FINALLY CALLS OUT HER ROYAL HIGHNESS BY NAME. THE FACT OF THE MATTER IS SHE HAS ALWAYS BEEN A WOLF IN SHEEP'S CLOTHING. PRIOR TO BEING PLACED ON THE BENCH SHE AND SATZ WERE TIGHT. SETTING ASIDE HER PROSTATE STANCE, HAS ANY BODY NOTICED HOW SLOW IT IS IN THAT COURTROOM. SHE TAKES THE BENCH WHENEVER SHE PLEASES AND THEN PROCEEDS TO PONTIFICATE ABOUT EVERY CASE CALLED. AT LEAST JIMMY "THE GENT" COHN WAS FAST.
Please study the Blog more closely, I think you might be supprised at what you find? (Guess Who)
Ok, JAAB, just looked besides SConway saying Ana is attractive, I see nothing else discussing problems with Gaardner on the bench. Plenty on Aleman, Holmes, O'Connor, and Stacy Ross, hmmm. Smells like JAAB lets some Judges who teat lawyers and Defendants crappy get a pass, Gardner and the former Judge in DV who used to put people in cuffs and jail for being late and set numerous bonds in excess of 100k for a misdemeanor case for example. Wait? The PDs office never complained about either Gardner or the DV Judge, hmmm? Connection? Have to wonder.
yeah, she's got her tongue way up Jenne's butt too. wake up Jaab.
Whatever Jaab is doing is a start. They lose credibility if they go after all of them at once. Too bad it has to be Jaab and public defenders to watch the judges in the first place. Where is Mike Satz and his justice machine when all of this stuff happens.
June Johnson,Julian,Ross and the lawyers wife, Schapiro, Aleman, O'Connor, Feiner's despicable statements, Gardiner and her lead ASA, Diaz and threatening emails, the rumored recent JQC complaint by Seidman at Diaz again, and Holmes, the list is endless. Broward needs to grow up and give David Bogenschutz a much deserved rest.
I did not know who the trial attorney was, but my comment in the blurb was to educate, not condemn.
...I realized you might not've known who the trial atty was, but because you saw my name as the appellate counsel, then I saw your words about "ineffective" and "a blunder", I just wanted to point out it wasn't me in case you, or others reading, thought I was also the trial atty.
I used those words because there have been several instances where this has happened in Backman's courtroom and the attorneys call me and say how "Backman is crazy, you can't believe what he is doing." My advice has been to go in front of the court, apologize for not knowing the law, claim that you have just rendered ineffective assistance of counsel and beg for a mistrial to avoid a later 3.850.