Sept. 21 FLW Highlights
Insko v. State, 32 Fla. L. Weekly S559 (Fla. Sept. 21, 2007): Whether a Defendant is younger or older than 18 is not a mere sentencing factor but an element that must be alleged and proved beyond a reasonable doubt in a lewd and lascivious case. In Insko’s first trial, the jury had three options: guilty – defendant over 18; guilty – defendant under 18; and not guilty. Although Insko was in his 30s, the jury exercised its pardon power and found him guilty of the lesser. This trial was reversed because of improper William’s Rule evidence. At the retrial, Insko argued that the case should be dismissed because he was over 18. The supreme court found that Insko waived the issue because he agreed to the lesser at the first trial.
Chavers v. State, 32 Fla. L. Weekly D2156 (Fla. 4th DCA Sept. 21 2007): Chavers is charged with fleeing and eluding. The police testified about a dramatic high-speed chase. Chavers and his witness testified that nothing happened and that the cops were lying. During cross of Chavers’ witness, the prosecutor questioned whether he and Chavers discussed their testimony. The witness said that Chavers told him to tell the jury what happened. In closing, the prosecutor argued that Chavers asked his friend to come in here and tell the jury that nothing happened and that his testimony was “completely fabricated.” Arguing that a witness is committing perjury or fabricating testimony without any foundation is improper. Because the trial court overruled Chavers timely objection, the case was reversed for a new trial.
State v. Wells, 32 Fla. L. Weekly D2159 (Fla. 4th DCA Sept. 21 2007): Zack case. Judge Zack’s decision to declare the racing statute unconstitutional as void for vagueness is upheld.
Tillman v. State, 32 Fla. L. Weekly D2161 (Fla. 4th DCA Sept. 21 2007): Backman case. Tillman is charged with fleeing and eluding. Although the law is well settled that the contents of a BOLO should not be disclosed to a jury, Backman allowed the jury to hear that the police stopped Tillman because he was suspected of committing an armed kidnapping with a large caliber firearm, even though the State never charged Tillman with that crime. The rational to admitting the contents of the BOLO was that it would explain the police officers’ actions in being so aggressive with Tillman. Case reversed because the BOLO was so prejudicial and the state of mind of the police was not relevant in a fleeing and eluding case.
State v. Williams, 32 Fla. L. Weekly D2189 (Fla. 1st DCA Sept. 21 2007): Simple holding: the smell of burnt pot in a car provides PC to search everyone in the car.
the moral of the story: smoke your pot at home, not in the car
Zack did a good job as usual. Too bad he can't balance a checkbook. A good judge with the law.
100% accurate statements.
Ballsy judge not afraid to follow the law and the constitution. And if you could handle the sarcasm, one of the best judges in the courthouse to be assigned as an APD.
It is unfortunate that poor judgment in some financial matters along the way may truly taint the legacy of a good jurist.
Ok -- back to the mocking and the scoffing.
Authorities use high-tech tactics to try to stop cyber critics bedeviling a city
by Bob Norman
New Times
http://www.browardpalmbeach.com/2007-10-18/news/looking-for-lucifer/
A gay Hollywood cop says he was abused by South Florida's most battered police department
By Thomas Francis
Published: October 18, 2007
New Times
http://www.browardpalmbeach.com/2007-10-18/news/badge-ered/
Retired Judge Larry Seidlin Outsobs Ellen; Says He Wants Iggy to go Back to the Family
http://www.thespoof.com/news/spoof.cfm?headline=s2i25890
"CBS Television Distribution also was developing a court show for fall 2008 featuring Larry Seidlin, the Florida judge who presided over the Ana Nicole Smith trial this year. But sources said that show has been put on the back burner. Reps for CTD declined comment."
http://www.hollywoodreporter.com/hr/content_display/news/e3i1cfbe3489278825b342fe4a750decb83
They killed the show? Bad pilot or Chris Robert's revenge? What's up with the Miami investigation?
What? No Judge Judy? And here I've been waiting all this time for a TV Show that I'm now told is not to be? I never really thought it would happen, especially after the Roll in the Hay with the media about the Old Woman in his condo complex and the repeated hammering about extra/judicial gifts and the emergence of the ANA NICHOLE SMITH ex rays in, again, Larry's condo dumpster. And now Mr. Milstein enters the picture with his bill of two hundred thousand dollars after having been appointed by then Judge Larry, and that whopper of a fee is soon to be decided by none other than the now infamous stumbling, shuddering, steroid pumping Judge Ross? I don't know about you, but quite frankly Broward County citizens and taxpayers must be tired of finding themselves downwind of these rather foul smelling coincidences. Or are they coincidences? I'll leave it to the reader to decide after all these years of judicial abuses whether that would be even plausible to consider.
Hi Adjudicator
How sad it is to see you reduced to taking digs at Circuit Court Judges because you know you will never be never be one. Interesting you call out your fellows Judges lies and bad deeds, yet you yourself tell lies and enter others offices withot permission Lucky there was no blog back then. How hard must it be to know that for all the time and money your benefactors put into Crist it will never happen? How much does it knaw at you that a certain person listend to hours and hours of tapes from down south and found that 3 minutes of audio that blew things wide open. That that certain person is still where he has always bee despite cries to head north. It must be so frustrating to be so short yet have a glass ceiling right above you.
To 816 am.
Good morning Chief. It's good to see that you are getting involved in posting on the blog. You can post anonymously all you want, but given the spelling errors, we know that the post could only be from our illustrious Chief Judge.
250 million Americans spared Larry's antics. Phew. Good thing they didn't reward him for peeing all over the judicial process.
he still got like $800,000 even without the pickup. crazy like a fox.
He wasn't really crying then but he's sure crying now!
Yeah his life sucks. Rich, a young beautiful wife, an adorable daughter and free time to play tennis whenever he wants. Doubtful he is crying over anything.
If anyone is crying it must be Chris Roberts. Makes up a bunch of lies about the Judge his supposed long time friend, and still Larry comes out on top. Chris go back and cry to Carmel I doubt she even knows your name these days.
Davie PD is right behind Hollywood PD. There are so many corrupt gay bashing issues with that department.....speaking from experience! If you're gay be careful, they will arrest you (even other law enforcement)!