tag:blogger.com,1999:blog-9615048.post5540666205050046309..comments2024-03-28T14:19:33.056-04:00Comments on Southern District of Florida Blog: CJA Lawyers getawayDavid Oscar Markushttp://www.blogger.com/profile/18386723948607633980noreply@blogger.comBlogger4125tag:blogger.com,1999:blog-9615048.post-19493731903132259092010-06-29T11:50:38.194-04:002010-06-29T11:50:38.194-04:00I've read the new DOJ memos on discovery. Unl...I've read the new DOJ memos on discovery. Unless I missed something, nowhere in this new guidance is anything close to what most criminal defense attorneys would call "open file" discovery. How any defense attorney would expect, or even hope to get, "open file" discovery (a defense attorney's dream and a myth), as a result of these memos is a mystery to me.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-9615048.post-7791744092656548102010-06-28T23:32:40.795-04:002010-06-28T23:32:40.795-04:00hope all the CJA lawyers enjoyed "bottom feed...hope all the CJA lawyers enjoyed "bottom feeders weekend". I am sure they did not stay at the Ritz.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-9615048.post-40093909698962809902010-06-28T22:44:54.597-04:002010-06-28T22:44:54.597-04:00Now, gentlemen, this does not mean that you should...Now, gentlemen, this does not mean that you should expect a variance in EVERY case; that's not going to happen. Arguably, the department has more of a public-perception interest in projecting a sense of uniformity (both in charging decisions and sentencing recommendations) than the court (which has lifetime tenure and, let's face it, they do whatever the hell they want). <br /><br />Indeed, the notion that the judges will somehow find the USAO (or an individual prosecutor) more "helpful" because he/she might recommend a "variance" is, I believe, woefully overstated. Judges already know what they're going to do way in advance of the sentencing hearing. Judges will just use the prosecutor's recommendation of a "variance" as a new baseline for determining the sentence. It's like a negotiation, prosecutor starts high, the defense starts low, and the judge ends up somewhere in the middle. That dynamic--as cynical as it may sound--is true for most sentencing hearings and is not going to change.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-9615048.post-80682000429116214532010-06-28T08:59:25.882-04:002010-06-28T08:59:25.882-04:00Imagine great prosecutors
It's easy if you try...Imagine great prosecutors<br />It's easy if you try<br />No hellcats to deal with<br />AUSA not ashamed to meet your eye<br />Imagine all defendants<br />discovery everyday<br /><br />You may say I'm a dreamer<br />But I'm not the only one<br />I hope one day they will train them<br />Then the Bar can be as oneAnonymousnoreply@blogger.com