News and Notes

Julie Kay writes today about Judge Moore's preclusion of the wet-foot, dry-foot defense in the baseball player smuggling case. Here's Judge Moore's order.

Jay Weaver discussed more discovery in Padilla here: " reputed al Qaeda member told U.S. authorities that the terror network scrutinized Jose Padilla as a recruit for Islamic extremism in 2000-01, according to a new document filed in federal court in Miami." And you can view the document discussed.

And to complete our federal court reporter trio, Vanessa Blum discusses the Hollywood cop hearing yesterday, in which Judge Seltzer granted the parties' request for extra time to resolve the matter before arraignment.

OSCAR

Thanks for the suggestions in the comments on what to do about the name issue. So far, I've written a letter to the Clerk of the 11th Circuit and Judge Barkett, who authored the opinion, asking them to insert his middle name. We'll see if it works.

The story has hit the blogosphere, which I think may be a good thing. Check out Orin Kerr at Volokh, Adam Levin at Southern Criminal Law and Justice, and Rumpole, all discussing "David Markus".

UPDATE -- the problem has been fixed.

"11th Circuit ruling in fraud probe a defeat for insurance companies."

And a victory for Roberto Martinez and Curt Miner, the receivers for Mutual Benefits Corp. So reports today's DBR:

"The insurers, including giants like Indianapolis-based American United Life Insurance, said in their lawsuits they should be able to cancel all policies that were sold by policyholders to Mutual Benefits because several of the policyholders lied on their appliactions. They cited four people who had lied about their HIV-positive status."

Judge Moreno said nope and was affirmed by the 11th.

"David Markus" ineffective

So the calls and emails started rolling in this morning. Who was that lawyer taken to task throughout the opinion in Richard Thompson v. United States, they asked. I quickly jumped onto the 11th Circuit website and read today's opinion.

The coffee I was sipping went all over my desk!

Judge Barkett, writing for the 11th Circuit, in a published decision explained how criminal defense lawyer "David Markus" was ineffective.

The thing is, it's not me -- it's the other criminal defense lawyer in town named David Markus. He's David Scott Markus. I'm David Oscar Markus. The court didn't use any middle initial. So now what do I do? Any suggestions?

UPDATE -- the problem has been fixed.

Okay, fine...

... back to the regular news.

Vanessa Blum wrote yesterday that one of the Hollywood cops may be close to pleading. Mel Black represents Sgt. Jeffry Courtney. Black "filed a motion asking a federal magistrate to postpone a Thursday hearing in Fort Lauderdale where the officers were expected to enter pleas so he could have more time to negotiate with prosecutors."

UPDATE -- Judge Seltzer denied the motion, according to this Herald article.