There's a new legal gossip blog out there -- Above the law -- written by David Lat, the original anonymous blogger (apologies to Rumpole -- Miami's anonymous legal blogger).
Lat plans on doing all kinds of funny stuff. Here's a good example: "Lawyer of the Day" -- showing the court proceeding of a defense lawyer who shows up drunk to court. You can watch the video below:
Drunk Vegas Lawyer causes mistrial Part 2!
The SDFLA Blog is dedicated to providing news and notes regarding federal practice in the Southern District of Florida. The New Times calls the blog "the definitive source on South Florida's federal court system." All tips on court happenings are welcome and will remain anonymous. Please email David Markus at dmarkus@markuslaw.com
Thursday, August 31, 2006
Wednesday, August 30, 2006
Judging the judges
There's a new website out there, The Robing Room, which is rating the federal judges. Here's the Southern District page. Go vote.
Monday, August 28, 2006
Sunday, August 27, 2006
News and Notes
The weekend is almost over... some news and notes to begin the week while we wait to see what Ernesto is going to do.
1. The Padilla prosecutors have filed a motion to reconsider with Judge Cooke, asking the judge to reverse herself on the dismissal of count I and on the decision to force the government to elect on count II. Initial coverage of the order here. Nine times out of ten, these sorts of motions are denied. Still no notice of appeal filed.
2. Julie Kay has a very negative article coming out on Monday about how Judge Highsmith handled a situation in which one of his employee's daughters was (apparently) being scammed by some downtown store. It's very difficult to figure out from the article exactly what happened to the daughter, but it's hard to really blame Judge Highsmith for trying to help her if he thought she was really in danger. Still, Professor Jarvis -- without knowing the facts -- jumps all over the Judge and the Marshal.
1. The Padilla prosecutors have filed a motion to reconsider with Judge Cooke, asking the judge to reverse herself on the dismissal of count I and on the decision to force the government to elect on count II. Initial coverage of the order here. Nine times out of ten, these sorts of motions are denied. Still no notice of appeal filed.
2. Julie Kay has a very negative article coming out on Monday about how Judge Highsmith handled a situation in which one of his employee's daughters was (apparently) being scammed by some downtown store. It's very difficult to figure out from the article exactly what happened to the daughter, but it's hard to really blame Judge Highsmith for trying to help her if he thought she was really in danger. Still, Professor Jarvis -- without knowing the facts -- jumps all over the Judge and the Marshal.
Friday, August 25, 2006
DBR on Brian Andrews
Julie Kay covers the Brian Andrews story in today's DBR. Here's a snippet:
Prosecutors asked a Miami federal judge Thursday to investigate how a South Florida television station obtained a government video of an alleged ringleader of the “Miami Seven” discussing possible terrorist attacks on high-profile buildings. The government made its request one day after U.S. District Judge Joan Lenard refused a defense attorney’s attempt to block WFOR-TV from broadcasting portions of the video for a news story late Wednesday. In court papers, Assistant U.S. Attorneys Jacqueline M. Arango and Richard E. Getchell said the videos were supposed to be part of a sealed record. They asked the judge to conduct a hearing to determine whether a sealing violation had occurred. ***
After learning of the television station’s plans to air portions of the videos Wednesday night, Batiste’s attorney, Ana Jhones of Miami, filed a request for a temporary injunction to prevent the broadcast. “The extent of the discovery obtained is unknown; however, undersigned counsel learned that CBS News obtained all of the video and perhaps some of the audio that have been generated by the government in this case,” Jhones said in her motion. “Undersigned counsel is unsure as to how CBS News obtained this discovery, which is not a matter of public record.” Jhones did not return calls seeking comment before deadline Thursday. None of the other defense attorneys joined in Jhones’ request. Miami criminal defense attorney Gregory Prebish declined to say whether Jhones asked him to join the request to keep the video off the air. Prebish, who represents Augustin, said he is angry that the TV station aired the tapes, particularly since he says the defense attorneys haven’t received all the tapes and discovery yet. The reason: The lawyers, all government-appointed, have not gotten approval to buy the tapes and cannot afford them. “We don’t even have these tapes yet, due to budgetary problems,” said Prebish. “The costs of the tapes are exorbitant.” He declined to state the exact cost. Brian Andrews, a reporter for the station, obtained dozens of discs which contain surveillance video made by federal undercover agents during their investigations.
Prosecutors asked a Miami federal judge Thursday to investigate how a South Florida television station obtained a government video of an alleged ringleader of the “Miami Seven” discussing possible terrorist attacks on high-profile buildings. The government made its request one day after U.S. District Judge Joan Lenard refused a defense attorney’s attempt to block WFOR-TV from broadcasting portions of the video for a news story late Wednesday. In court papers, Assistant U.S. Attorneys Jacqueline M. Arango and Richard E. Getchell said the videos were supposed to be part of a sealed record. They asked the judge to conduct a hearing to determine whether a sealing violation had occurred. ***
After learning of the television station’s plans to air portions of the videos Wednesday night, Batiste’s attorney, Ana Jhones of Miami, filed a request for a temporary injunction to prevent the broadcast. “The extent of the discovery obtained is unknown; however, undersigned counsel learned that CBS News obtained all of the video and perhaps some of the audio that have been generated by the government in this case,” Jhones said in her motion. “Undersigned counsel is unsure as to how CBS News obtained this discovery, which is not a matter of public record.” Jhones did not return calls seeking comment before deadline Thursday. None of the other defense attorneys joined in Jhones’ request. Miami criminal defense attorney Gregory Prebish declined to say whether Jhones asked him to join the request to keep the video off the air. Prebish, who represents Augustin, said he is angry that the TV station aired the tapes, particularly since he says the defense attorneys haven’t received all the tapes and discovery yet. The reason: The lawyers, all government-appointed, have not gotten approval to buy the tapes and cannot afford them. “We don’t even have these tapes yet, due to budgetary problems,” said Prebish. “The costs of the tapes are exorbitant.” He declined to state the exact cost. Brian Andrews, a reporter for the station, obtained dozens of discs which contain surveillance video made by federal undercover agents during their investigations.
Wednesday, August 23, 2006
Leaking...
Narseal Batiste's new appointed lawyer, Ana Jones, came out swinging today -- filing an emergency motion to keep Channel 4 from running a story about the video and audio clips from the discovery in the Miami 7 "terrorism" case. Reporter Brian Andrews, during the story, says that Channel 4 obtained over 20 CDs containing the video, audio, and still pictures. The story doesn't say how he got this material, but this (copying numerous CDs) is usually the way the Government discloses discovery to the defense. I can't imagine the defense gave these materials to the press, so I leave it to you to figure out who did.
I haven't seen Jones' motion, so I don't know the grounds she alleged to keep the news from running a story, but Judge Lenard denied the motion from the bench and the story ran tonight on Channel 4. Here it is. The video is on the right side of the page. Or click here.
UPDATE -- perhaps I spoke too soon. After this report aired, the Government filed a motion asking Judge Lenard to conduct an inquiry as to who on the defense leaked the discovery. The motion says that it did not leak and that the copy service has only released the discovery to the defense lawyers... I still say no way the defense leaked. So based on the Government motion, I predict the copy service, despite its protestations, made a mistake and distributed it.
I haven't seen Jones' motion, so I don't know the grounds she alleged to keep the news from running a story, but Judge Lenard denied the motion from the bench and the story ran tonight on Channel 4. Here it is. The video is on the right side of the page. Or click here.
UPDATE -- perhaps I spoke too soon. After this report aired, the Government filed a motion asking Judge Lenard to conduct an inquiry as to who on the defense leaked the discovery. The motion says that it did not leak and that the copy service has only released the discovery to the defense lawyers... I still say no way the defense leaked. So based on the Government motion, I predict the copy service, despite its protestations, made a mistake and distributed it.
No appeal yet
As far as I can tell, the Government has not yet filed an appeal from the Padilla order. I thought that it would happen immediately, as happened in the NSA case where the Government filed a notice of appeal the very next day.
Nothing really new to report in the District. If you have any news or topics you want discussed, please email me.
In the meantime, back to a sentencing memo I have to write...
Nothing really new to report in the District. If you have any news or topics you want discussed, please email me.
In the meantime, back to a sentencing memo I have to write...
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