4TH DCA 17TH CIRCUIT OPINIONS
Frusciante - Affirmed ("In a well-reasoned order")
S. Kaplan - Granting of Suppression Motion Reversed
Backman - Affirmed in part, reversed in part, and remanded (3.850)
Towbin-Singer - Affirmed in Part; Reversed in Part and Remanded (3.850)
Lynch - Reversed and remanded Krathen - petition for writ of certiorari denied
Rodriguez-Powell - reverse and remand
"To prevent manifest injustice, we treat this appeal as a petition for writ of habeas corpus and grant a belated direct appeal on a limited issue ... Because the jury specifically found the defendant did not have a firearm, the trial court granted the defense motion for judgment of acquittal on the aggravated battery charge and entered a conviction for simple battery. The court sentenced the defendant to 364 days in jail ... In the State’s direct appeal, we concluded that the trial court had erred in granting the judgment of acquittal due to an inconsistency in the verdict ... We did so under the mistaken belief that the defendant had to timely file a notice of cross-appeal, which he had not done ... We then reversed and remanded the case for reinstatement of the conviction for aggravated battery, and imposition of sentence ... On remand, the trial court reinstated the conviction and sentenced the defendant to fifteen years incarceration ... We now hold that the trial court was correct to have entered the judgment of acquittal on the aggravated battery charge ... In the extremely unusual circumstances presented in this case, the only appropriate remedy is to vacate the aggravated battery conviction and sentence and reinstate the battery conviction, which should be conducted expeditiously."
Aleman - Certiorari granted, trial court order quashed, and remanded
"Alliant has demonstrated that the trial court departed from the essential requirements of law by broadly granting the amended motion to compel without first conducting an in camera review or delineating the scope of the privilege waiver."
OPINIONS RELEASEAD NOVEMBER 12, 2009
Greene - Affirmed Backman - Reversed and Remanded (3.800a)
Murphy - Affirmed Siegel - Reversed and Remanded (3.850)
"The trial court observed other African-American jurors on the panel and permitted the State to use its eighth strike on Wallace ... We note that there was some confusion shown in the record during voir dire as two juries were being selected at the same time, and even defense counsel and the State were unsure as to whether Curry was on Sanders’ jury or his codefendant’s jury ... Thus, we find no reason on this record to reject the trial court’s finding that the strike of Wallace was genuine."
Murphy - Affirmed in Part, Reversed in Part and Remanded
"The issue presented in this case is whether the trial court erred in not allowing appellant to introduce a witness as part of his defense after a Richardson inquiry ... We find that the trial court should have considered less extreme alternatives before excluding the testimony of the defense witness."
Destry - State's appeal dismissed
"The State appeals a sentencing order, arguing that the trial court erred in not sentencing the defendant as a habitual felony offender without holding a hearing or making the required findings pursuant to section 775.084(3)(a), Florida Statutes (2008). We dismiss, finding sua sponte that a legal sentence is not an appealable order."
1.3 Billion - that's the rumored tally of claims thus far, and it's still growing ...
Rothstein winners - Beverly Gallagher, Josephus Eggelletion (wiped off the front page) and Bill Scherer ...
The Daily Rothstein: How the swindler swindled
DBR: Three motions challenge Judge Rosenberg's impartiality
NYT: Governor Crist Becomes a Right-Wing Target
New battle of courts and clerks brewing over who should implement electronic court records
Fla. judge linked to stripper gets probation
EDITORIAL: Sentence structure
"(Dr.) Reed’s penalty is far more than what his attorney sought. Marcia Shein had asked the judge last month for probation or a light prison term for her client, arguing that he already had suffered enough — he’s lost his license to practice medicine, million-dollar income and reputation. However, by that logic the rich and powerful should always receive lesser punishments than the poor and weak for committing the same crimes ... "
I hear Murph was covering for Lee Jay again in Mag court on Friday. How someone would have the nerve to try and get Mag court when their never in town is odd. I hear Murph is covering for Lee Jay again on Thanksgiving. Its a shame we couldn't clone Judge Hurley so he could do all mag court all the time. Judge Hurley is his own man who takes his responsibility as the mag court Judge seriously. I remember him coming in recently suffering from the flu, wouldn't you think someone would have been there to provide relief so Hurley could get better. You are a true soldier Jay who is devoted to the duty which his his post/job.
The Flu? Yah right. Hurley didn't want to come in with a sniffle and then has the attitude to give Seidman grief when he needs to be out for a more serious issue. Leave the blogging alone Jay, shouldn't you be pontificating on abortion or some other nonsense?
Ask yourself what Judge in the last two years has made a bigger difference in the Browierd Justice system than Judge Hurley? He has the jail cap down and treats all with civility and respect. We need more Jay Hurley's around here.
Then maybe Hurley will share his TV spot with Lee Jay when he gets back from where ever he is. That guy spends more time off the bench than he does on it.
Hurley = Waiting to be knocked out.
Even that a--hole Sam Fields got more votes than the hurley when they ran in the 3 way and Beach beat fields in the runoff. Hurly got what 10% of the vote
The real question is when does Hurley realize that any candidate with a better name and no ties to Rothstein, Crist and crew is just going to take him out. No matter how much TV time, he's still one and done.
So why does Hurley think he's king of late night TV all of the sudden? With that boner of a comment he made the other week with the Brewer defendants, does anyone think he's really ready for prime time. He should be ashamed of himself for that one.
the abortion case hurley blew out of proportion
Hurley didnt make the human torch comment, seidman did. This town is so uninformed I have had to correct three people that thought it was the bow tie judge who made the human torch comment.
Hurley's ties to Rothstein by the time this is over will cause him to get booted off the bench. You play, you pay.
The whole group that got in during the "Rothstein Era" in this town will have issues. Between the 2 Carlos(es), McCarthy and Hurley, there are going to be many questions asked. Wonder how many have lawyered up already. Maybe Hurley can look in the Yellow Book for a good lawyer.
No answer yet if Hurley flew to DC for Lemiux's swearing in with Rothstein. I guess the hope is ignore it enough and the question will go away.
Was Hurley at the lobby of the Hotel where Charlie spoke at the BREC meeting last night? If so I guess its ok to be in the lobby since he isnt technically at the meeting.
Partisan Politicking is a big no-no I thought.
@ 9:46 GET YOUR FACTS STRAIGHT- CRIST APPOINTMENTS IN ORDER ARE AS FOLLOWS:
11/21/07 DESTRY AND REBOLLO
4/8/08 LISA PORTER
5/29/08 BILL HAURY
7/28/08 JAY HURLEY
1/7/09 GILLESPIE
1/28/09 BARBARA MCCARTHY and
CARLOS RODRIGUEZ
4/6/09 ED MERRIGAN
Also up in 2010- Who will draw an opponent???
Elijah Williams
Susan Greenhawt
Susie 'let em go' Lebow
Hope Tieman-Bristol
John Luzzo
Cindy Imperato
Michael Gates
Cheryl Aleman
Eileen O'Connor
Didn't Hurley used to have lunch at Bova pretty frequently? Expensive place for a guy on a state salary.
Makes you wonder.
I hear jay has a really fancy watch..renato maybe?