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On the one hand, Trump and MAGA world can't complain that the system is rigged against him. Also, this is her chance to show that she is a true rule of law judge by not being obviously biased.
On the other hand, this makes it look like Trump has his own division. I know the mechanics of judicial assignment don't work that way. But the system should be tweaked to account for this (perceived?) problem.
Will be interesting to see how recusal comes up. Have to imagine the defendant will move for it -- and that the government may not oppose, or even join. But I still expect she will refuse to recuse even on a joint motion. Otherwise, if Judge C agrees to recuse on this one.. how does that portend for the documents case?
I don't think the State should handle it like Desantis is grandstanding about, that's nuts. Depo rules alone make that a non-starter. But it does seem real messy to have the same judge and same prosecutors office (albeit special counsel under umbrella of AG) handling 2 cases with Trump, one where he's the victim and one where he's the defendant.
Title 18, Section 351, (f) Desantis and his AG didn’t read it, statute suspends any state or local authority jurisdiction until the FEDERAL action is terminated!
Record as I know it is Judge Ellen Morphonios’s in Miami - Manuel Valle was tried, convicted and sentenced to death within 30 days of killing a police officer. Overturned on appeal he was retried, convicted and sentenced to death by Judge Norm Gerstein - upheld on appeal and habeas attacks - he was executed several years ago.
Interesting to point out, that when the FSC overturned the original conviction in the Valle case, it also held, "Except in special circumstances, most capital and other criminal cases should move to trial within sixty days from arraignment or appointment of counsel, the facts of each case being determinative."
You are right. I was looking at the last trial in this case 778 So. 2d 960 (Fla. 2001). Morphonious or Margolius 🤦🏼♂️ all of a sudden Broward doesn’t look so bad
On the one hand, Trump and MAGA world can't complain that the system is rigged against him. Also, this is her chance to show that she is a true rule of law judge by not being obviously biased.
ReplyDeleteOn the other hand, this makes it look like Trump has his own division. I know the mechanics of judicial assignment don't work that way. But the system should be tweaked to account for this (perceived?) problem.
Will be interesting to see how recusal comes up. Have to imagine the defendant will move for it -- and that the government may not oppose, or even join. But I still expect she will refuse to recuse even on a joint motion. Otherwise, if Judge C agrees to recuse on this one.. how does that portend for the documents case?
ReplyDeleteShe would sell her kids before she recused herself OR try the case in Miami!
DeleteI don't think the State should handle it like Desantis is grandstanding about, that's nuts. Depo rules alone make that a non-starter. But it does seem real messy to have the same judge and same prosecutors office (albeit special counsel under umbrella of AG) handling 2 cases with Trump, one where he's the victim and one where he's the defendant.
ReplyDeleteTitle 18, Section 351, (f) Desantis and his AG didn’t read it, statute suspends any state or local authority jurisdiction until the FEDERAL action is terminated!
ReplyDeleteOver/under on trial being set before November 1?
ReplyDeleteUnder. She may even break the record set in the Zangara case for quickest imposition of death penalty.
ReplyDeleteRecord as I know it is Judge Ellen Morphonios’s in Miami - Manuel Valle was tried, convicted and sentenced to death within 30 days of killing a police officer. Overturned on appeal he was retried, convicted and sentenced to death by Judge Norm Gerstein - upheld on appeal and habeas attacks - he was executed several years ago.
ReplyDeleteI think it was Margolius not Morphonios and Gerstein’s ultimate sentence was after the THIRD sentencing jury.
DeleteIt was Morphonios 394 So. 2d 1004
DeleteInteresting to point out, that when the FSC overturned the original conviction in the Valle case, it also held, "Except in special circumstances, most capital and other criminal cases should move to trial within sixty days from arraignment or appointment of counsel, the facts of each case being determinative."
DeleteYou are right. I was looking at the last trial in this case 778 So. 2d 960 (Fla. 2001). Morphonious or Margolius 🤦🏼♂️ all of a sudden Broward doesn’t look so bad
Delete