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2008-05-16T22:00:25Z

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"What do you call assassins who accuse assassins?"

INTERVIEWS FOR SPECHLER'S SEAT

2008-05-16T21:20:56Z

(The following) is the list of interviewees and interview times relative to the currently vacant County Court Judicial Seat in Broward County. Comments are still being sought.

I am sending this on behalf of Ileana Almeida, Acting Chair, Seventeenth Circuit Judicial Nominating Commission, as I have recused myself from the current proceedings.

We kindly request that you direct any questions or comments to Ileana Almeida at ILEANALAW@aol.com - or to any of the other Judicial Nominating Commissioners for the Seventeenth Circuit. The other Commissioners are Tim Bailey, Gina Pozzuoli, Michael Marcil, Clarence McKee, Walter Morgan, John Pisula, Jamie Finizio-Bascombe.

The ethics, intellect, respectfulness, demeanor, propriety, fairness and ability of our judges is vital to the dispensation of justice in our Circuit, and input from Bar members and citizens with personal knowledge of the applicants is very important to the nomination process.

Thank you,

Richard J. Zaden, Chair

Seventeenth Circuit Judicial Nominating Commission

1:00-1:10 William Haury
1:10-1:20 Edward Merrigan, Jr.
1:20-1:30 Jorge Hurtado
1:30-1:40 Melinda Kirsch Brown
1:40-1:50 Thomas Wich
2:00-2:10 Michael Usan
2:10-2:20 Mari Blumstein
2:20-2:30 Brenda Di Ioia
2:30-2:40 Michael Scott Blum
2:40-2:50 Richard Sachs
3:00-3:10 Christopher Pole
3:10-3:20 Gerard Williams
3:20-3:30 Kenneth Gillespie
3:30-3:40 Michael Hursey
3:40-3:50 Phoebee Francois
4:00-4:10 Jay Hurley
4:10-4:20 James Saunders III

May 27, 2008. 1st Floor of the North Wing, Broward County Courthouse, Room 1882

Cases - Civil

2008-05-16T17:00:13Z

Torts -- Medical malpractice -- Action alleging that defendant neurosurgeon was negligent in failing to timely diagnose plaintiff's cauda equina syndrome caused by postoperative hematoma -- Error to enter summary judgment for defendant on ground that there was no evidence of defendant's negligence -- Deposition testimony of plaintiff's expert created issue for jury on defendant's breach of standard of care -- Error to strike expert's clarifying affidavit
which did not conflict with expert's deposition testimony 33 Fla. L. Weekly D1323b

CASES

2008-05-16T16:57:27Z

Criminal law -- Sentencing -- Restitution -- Principles of double jeopardy precluded trial court from increasing restitution amount once order setting the restitution amount was entered, although the amount the trial court originally ordered to be paid at sentencing hearing was based on erroneous information -- Earlier amended agreement which stated that defendant voluntarily agreed to make restitution to the victim in a greater amount and which stated that agreement would be void at the discretion of the state attorney or the court if defendant failed to meet conditions of the agreement, no longer had any legal effect once state attorney chose to void it and reinstate charges against defendant -- State could not rely on rule 3.800(c), which provides for reduction or modification of legal sentence, as basis for increasing legal sentence 33 Fla. L. Weekly D1330a

MEDIA 5/16

2008-05-16T22:07:27Z

SENTINEL
More Problems For Ostrow

"A Hollywood man sued criminal defense attorney Gary Ostrow on Thursday, claiming that Ostrow misrepresented his qualifications when he was hired to defend the man's son in a death-penalty case."

Satz Loses First Degree Murder Charge On Speedy Glitch

"The 4th District Court of Appeal ruled last month that Broward prosecutors violated Quenten "QT" Walden's right to a speedy trial by waiting more than a year to indict him."

Palm Beach Judges Interact With The Community

"A game show-like format for an educational program sponsored by the Palm Beach County State Attorney's Office brought teens and state judges eye-to-eye recently for a learning and fun experience."

DAILY BUSINESS REVIEW
State’s chief judges granted only limited powers to eliminate court positions in budget crisis

"Chief judges were told today they have limited flexibility to decide where to cut 198 circuit and county court positions statewide — victims of the state Legislature’s budget ax in a lean year.

The state Trial Court Budget Commission with representatives from all 20 circuits convened in a packed Tampa conference room to frame the cuts taking effect July 1. Layoff notices are planned the first week of June.

Once they get back home, chief judges will be allowed to cut only court administrators, case managers, law clerks, general magistrates and the magistrates’ support staff.

Judges are exempt from the cuts as constitutional officers. Their judicial assistants, senior judges, top court administrators and chief court technology officers also will not face cuts under an $11.5 million salary reduction.

The commission will prevent chief judges from reducing any single area by more than two-thirds and voted on the maximum number of people any section could lose. An overall goal is to maintain a similar level of service statewide."

Allowing jurors to ask questions of witnesses has been a hit at state level

THE NEWS-PRESS
Rauschenberg's Death Nullifies Art World Suit Over His Trash

JQC ONE

2008-05-15T21:37:47Z

                                                            IS THE JQC BACK IN TOWN?

JAY GORDON: DRAGONSLAYER

2008-05-16T16:51:17Z

                                         Martin Colin               Renee Goldenberg

               Jay Gordon Takes A Stand Against Palm Beach And Broward Family Courts

DAILY BUSINESS REVIEW (DBR)
JQC Investigating Palm Beach Judge Colin For Not Disclosing Relationships To Attorneys

The state Judicial Qualifications Commission is looking into Palm Beach Circuit Judge Martin Colin’s practice of allowing attorneys who represent his girlfriend to appear in cases before him in family court.

BACKGROUND
Motion To Disqualify Goldenberg (long - Gordon tells his whole story)

Cases-Civil

2008-05-15T20:30:18Z

Torts -- Loss of consortium -- Injured plaintiff's same-sex partner who maintains a long-term committed relationship with plaintiff cannot maintain a claim for loss of consortium -- Consortium claim under Florida law is a derivative claim dependent upon legal status that does not exist between same-sex partners who are prohibited from becoming legally married 33 Fla. L. Weekly D1316a

CASES

2008-05-15T20:28:24Z

Criminal law -- Sexually violent predators -- Civil commitment --Mandamus -- Petition by petitioner who is civilly committed under Jimmy Ryce Act to compel Department of Children and Families to conduct mental examination of petitioner and to provide him with written notice of his right to petition committing court for release, and to compel committing court to conduct limited probable cause hearing to determine whether there is probable cause to believe that condition has so changed that it is safe for him to be at large --Where it is alleged that Department has not conducted the required annual examination and furnished committing court its report, such a claim is properly addressed by motion filed with committing court --Conflict certified -- Where Department has satisfied its obligation
to conduct examination, but committing court has neglected to conduct limited probable cause hearing, issue is properly raised by petition for writ of mandamus in appellate court 33 Fla. L. Weekly D1317a

4 on 17

2008-05-15T15:56:14Z

Bowman             Affirm part, Reverse part    4D06-3300-Dennis v. State*
Lazarus              Affirm                                  4D06-4012-Diaz v. Stat
Backman            Reverse & remand              4D06-4756-Williams v. State*
Greene               Reverse & remand             4D07-1681-Munroe v. State
Andrews            Affirm                                  4D07-2007-Churly v. City of Fort Lauderdale
D. Cohen         Affirm part, Reverse part    4D07-3681-B.M., the mother v. Department of Children & Families
Rothschild         Reverse & remand              4D07-4252-Florida Divison of Pari-Mutuel Wagering of the Florida Department of Professional Regulation v. Florida Standardbred Breeders & Owners Association, Inc.
Lynch                Affirm                                  4D07-4905-Siegel v. Marcu

BACDL EVENT

2008-05-16T16:52:06Z

WHO: THE BROWARD ASSOCIATION OF CRIMINAL DEFENSE LAWYERS
IN CONJUNCTION WITH THE FEDERAL BAR ASSOCIATION

WHAT: FEDERAL SENTENCING SEMINAR: A POST BOOKER ANALYSIS -
CONDUCTED BY THE U.S SENTENCING GUIDELINE COMMISSION
(Please bring your most recent Federal sentencing guideline manual)

WHEN: FRIDAY: JUNE 13, 2008
            12:30P.M. - 4:30 P.M.

WHERE: BROWARD COUNTY BAR ASSOCIATION
              1051 SOUTHEAST 3RD AVENUE
              FORT LAUDERDALE, FL 33316

FEE: 60.00 NON-MEMBERS
NO CHARGE FOR BACDL MEMBERS

RSVP: RJWESQUIRE@AOL.COM (Russel Williams)
SPACE IS LIMITED TO 50 PARTICIPANTS

CLE CREDITS HAVE BEEN APPLIED FOR AND ARE PENDING APPROVAL

4 on 17

2008-05-14T21:40:53Z

Levenson         Reverse & remand   4D06-4810-Lockhart v. State*
Greenhawdt     Denied                             4D06-4899-Crossin v. Crossi
Moe                  Reverse part, Affirm part 4D07-2003-McAllister v. Breakers Seville Association, Inc.
Gardiner           Affirm                               4D07-2346-Stancle v. State*
Rothschild        Reverse    4D07-2594-Williams v. Cadlerock Joint Venture, L.P.
Siegel              Reverse & remand    4D07-3826-Bemis v. State
Holmes            Affirm                                4D08-35-Racene v. Stat
Gates              Reverse & remand            4D08-537-Brown v. State

CASES - Civil

2008-05-14T21:23:45Z

Torts -- Assault -- Sexual battery -- Workers' compensation immunity
-- Action against corporation and its retail store manager brought on behalf of minor who was allegedly assaulted and sexually battered by store manager while she was employed as sales clerk -- Trial court properly found that workers' compensation law was exclusive remedy for claims against corporation for negligent hiring, retention,
supervision and training of store manager     33 Fla. L. Weekly D1273b

Torts -- Defamation -- Prohibition -- Jurisdiction -- Entanglement in religion -- Action against church and various individuals for libel and slander -- Allegations of complaint do not demonstrate that court would become entangled in internal church matters if lawsuit were tried -- Petition for writ of prohibition denied without prejudice to petitioners to renew claim of excessive entanglement if they can demonstrate that adjudication of plaintiff's claims will involve the court in an impermissible inquiry into internal church matters or religious beliefs     33 Fla. L. Weekly D1274a
                                Courtesy of Florida Law Weekly       Subscriptions (800) 351-0917

CASES

2008-05-14T21:15:54Z

Criminal law -- Argument -- Silence of defendant -- Prosecutor's comments regarding defendant's failure to make an exculpatory statement after police stopped her and found cocaine in her bag, even if made prior to her actual arrest, amount to unconstitutional comments upon defendant's protected post-arrest silence -- Invited error -- While defendant's testimony on direct examination that she was silent when police discovered the cocaine and that the reason for her silence was that she was too shocked to speak invited a limited degree of inquiry responsive to her statement that she was too shocked to speak, prosecutor's comments exceeded scope of invited response when he suggested that instead of being too shocked to speak, she should have been shocked enough to affirmatively proclaim her innocence -- Harmless error -- Comments on defendant's silence were not harmless where there exists reasonable possibility that improper prosecutorial comments on defendant's silence influenced jury verdict -- Inference of guilty knowledge arising from defendant's exclusive possession of cocaine was rebutted by evidence that she successfully passed through customs and drugs were not discovered and by evidence that she was traveling with an acquaintance who might have put the cocaine in her bag as she postulated -- Remand for new trial     33 Fla. L. Weekly D1314a

Criminal law -- Driving under influence -- Speedy trial -- Where DUI charge was filed as misdemeanor in county court, state announced that it was filing felony information in circuit court, misdemeanors were transferred to circuit court, but state did not consolidate the misdemeanor with the felony or nolle pros the misdemeanor, county
court retained jurisdiction and should have dismissed the misdemeanor DUI when the ninety-day speedy trial period expired -- Because a conviction for the current misdemeanor DUI is required to establish the crime of felony DUI after three previous misdemeanor DUI convictions, current felony DUI charge cannot be sustained -- Trial
court erred in denying motion to dismiss felony DUI charge based on expiration of speedy trial period in underlying misdemeanor DUI in county court     33 Fla. L. Weekly D1292a

Criminal law -- Grand theft -- Dealing in stolen property -- Section 812.025, Florida Statutes, precludes defendant's separate convictions for grand theft of various household items and dealing in stolen property, based on same items being pawned, where state was able to prove dates on which stolen property was pawned but was unable to prove when various items were stolen -- Although issue was not raised in trial court, adjudication of guilt and sentences can be raised for first time on appeal as fundamental error -- Vacation of third degree grand theft conviction, which carries five year sentence, is appropriate, rather than conviction for dealing in stolen property, which carries a fifteen year sentence -- Remedy routinely imposed under these circumstances is vacating conviction which carries lesser sentence      33 Fla. L. Weekly D1313b

Criminal law -- Second degree murder with firearm -- Evidence --Victim's reputation for violence -- Trial court erred in preventing defendant from testifying about victim's reputation for violence and for carrying gun -- Defendant presented sufficient predicate to admit this evidence where it was undisputed that defendant and victim were involved in physical altercation inside club and defendant claimed that he saw handgun in victim's possession and shot toward the victim in self-defense -- Jury instructions -- Duty to retreat -- Law in effect at time of offense did not require defendant to retreat because he was neither involved in any unlawful activity nor in a place in which he did not have a right to be -- Trial court's instruction misstated law on duty to retreat -- Error was fundamental-- New trial required -- Statements of defendant -- No error in denying motion to suppress surreptitious recording of statements made by defendant in interview room during cell phone conversations made after police had terminated interrogation following defendant's invocation of right to counsel -- Statements were not the product of interrogation, defendant did not ask for privacy, and there was no suggestion that he had privacy when detective retrieved defendant's cell phone for him and left the room     33 Fla. L. Weekly D1298a
                                Courtesy of Florida Law Weekly       Subscriptions (800) 351-0917

SAME AS THE OLD ROSS

2008-05-14T21:41:50Z

BOB NORMAN'S DAILY PULP
Confirmed: Scheinberg Out At SAO

"Either this is related to the Judge Ana Gardiner expose or it's one hell of a coincidence. Scheinberg allegedly partied with Gardiner while prosecuting a murder trial in her courtroom and talked about the case over drinks at Timpano's.

If this is a sign that Michael Satz is cleaning house on the matter (or at least not circling the wagons around it) then I ask: What is Victor Tobin doing?

Who knows, but it looks like Broward's chief judge is sitting on his hands. The rumor is that he'd like to move Judge Gardiner out of her powerful administrative post (Gardiner is chief criminal judge) and into family court, but she's dug in her heels. Meanwhile, the Gardiner article has been sent to the state Supreme Court by Omar Loureiro's attorney and will almost surely become an issue in Loureiro's death penalty appeal.

Point: The truth will come out and when it does, Tobin will have proven that he's no reformer (unless it's politically expedient, of course) when it comes to Broward's battered judiciary. Instead, he'll have shown that he's just another Broward lackey without the guts to do the right thing."

2008 NEW TIMES' BEST LAWYER AWARD

2008-05-14T21:42:15Z

Congratulations to this year's winner J. David Bogenschutz.

Best Lawyer

"That's right. We're going with Bogenschutz, the shrewd advocate for damn near every lousy public official in Broward County (Ken "Jailbird" Jenne, Al "Urinal Man" Capellini, and "Weepy" Larry Seidlin are three recent clients). Sure, you can condemn him for representing high-rolling sleazebags. Many have. But whatever you think about his defense of officialdom's scum, it's hard to argue that he doesn't perform his odious duties with shrewdness and stealth. He doesn't grandstand and make outrageous claims. Bogenschutz just works doggedly to either try to keep his clients out of trouble or hammer out a deal to get them as little of it as possible. The lack of excess has been a key to his success. He's a damn good man to have walk through your door when you're in a jam."

WE JOIN "OFFICIALDOM'S SCUM" IN CONGRATULATING THE LAWYER'S LAWYER

"TESTILYING"

2008-05-13T13:07:46Z

The Bad Lieutenant

NEW YORK TIMES
Federal Judges Call Out Dishonest Cops

(Thanks to Rumpole)

IT'S A GOOD THING FEDERAL JUDGES ARE APPOINTED FOR LIFE

MEDIA 5/13

2008-05-14T21:43:47Z

SENTINEL
Mike Mayo: Lean times all around, but Florida prisons are booming

"The numbers are startling. Five years ago, Florida's prison population was 77,316. By August, the Department of Corrections expects the figure to top 100,000, an increase of 28 percent from 2003...

That far outpaces the general population growth.

It would be one thing if other big states have had similar prison growth. But the two states with larger prison populations, Texas and California, had shrinkage last year. So did New York...

Of the 3,307 people sent to prison from Broward last year, 537 (16.2 percent) were for cocaine possession, according to the Broward State Attorney's Office.

Broward sent more people to prison last year than every county except Hillsborough (4,000)...

(Jeff Marcus) said many drug offenders sent to prison also have violent felonies, theft or burglary on their rap sheets.

"These are people who have to be taken off the streets," Marcus said..."

Stats

Palm Beach Judicial Conduct Forum

"Judicial candidates are not allowed to make any implicit or implied promises, such as they will be tough on criminals or that they favor the death penalty and aren't afraid to use it.

They may not criticize the rulings of a sitting judge, and they cannot knowingly misrepresent their qualifications or their opponent's."

ST. PETERSBURG TIMES
CI Working Off Charges Killed; Use of Informants Questioned

"Details of how the 23-year-old with a degree in psychology from Florida State University agreed to become an undercover informer, only to be killed in a rural area near Tallahassee, remained elusive.

Tallahassee police have been reluctant to provide information, according to the Hoffman family and the young woman's attorney, Johnny Devine. A department spokesman declined comment Sunday."

Crist Loves Lawyers

"In West Palm Beach, the ex-attorney general had spotted a fellow lawyer in a crowd. Crist wanted it known that the legal profession would not be shunned as it had been during the Jeb Bush years."

Pinellas Judge Pulls A Goldstein

"What happened provides insight into a continuing debate about how Florida picks its judges. Trial judges are elected to six-year terms but also may be appointed by the governor if a sitting judge retires or dies during a term.

The wrinkle in this election is that (Pinellas Circuit Judge) Fleming is 68 years old. State law requires that trial judges retire at age 70.

If Fleming ran and won, she would have to step down just nine months later. That would amount to less than 15 percent of her term.

Fleming thought she'd run anyway .

She says Gov. Charlie Crist can do a better job picking her successor than voters can. Crist would make his choice from a list provided by a Judicial Nominating Commission."

FLORIDA TODAY
Brevard Appreciates Court Interpreters

NAPLES DAILY NEWS
Collier County Judges Refuse To Toss DUI Tests On Source Code Grounds

"JUDGING ANA" FALLOUT?

2008-05-14T21:44:23Z

BOB NORMAN'S DAILY PULP
A Piece of Courthouse Gossip

"A reliable source tells the Pulp that prosecutor Howard Scheinberg is leaving the State Attorney's Office to join the law firm of Rothstein Rosenfeldt Adler..."

THE HUIZENGA FELONY DUI W/INJURY PRECEDENT

2008-05-14T21:45:45Z

Bogenschutz Kaplan

SENTINEL
Mike Mayo: DUI case makes wheels of justice seem unbalanced

Topix: Double Standard

"(A)nother example of how our justice system treats some more leniently than others.

Huizenga had high-powered defense attorney David Bogenschutz fighting at every stage, delaying and mitigating the little time he had to serve...

On Friday, Kaplan praised Huizenga's recovery efforts and said the early termination was "good for the community."

And Kaplan shrugged off a possible violation in Huizenga's house arrest in February, when Huizenga got permission to go to Alabama for his ex-wife's funeral and took an unannounced detour to the family home near Stuart on Super Bowl Sunday.

"Mr. Huizenga may have taken advantage of the court's good nature," Kaplan said, before admonishing himself for vague language in the permission letter.

After the hearing, Bogenschutz called the reduction "routine" and said his client didn't get any special breaks. He noted the five months lopped off house arrest have been added to Huizenga's four-year probation. "He got treated the same as anyone else," Bogenschutz said.

Tell that to the guy Kaplan sentenced Friday to 120 days for violating probation, partly for going to St. Lucie County without permission, in the case before Huizenga's. And tell that to (Felony DUI Offender) DeAngelo, who found little compassion from his judge, John Murphy... (h)e's serving a two-year prison term for causing a multiple-car wreck with injuries in May 2006...

After Huizenga pleaded no contest in August 2006, the state sought a three-year sentence. Kaplan gave him only 11 percent of that. DeAngelo's judge meted out 80 percent of the state's requested sentence (2 ½ years).

The disparity is striking. And it does little to dispel the notion that this country has two justice systems."