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
Tuesday, August 07, 2007
Padilla update
The government has rested after a short rebuttal. The rest of the week is legal issues without the jury. Closing arguments Monday and Tuesday next week.
Very sad day...
via Rumpole, SY GAER HAS PASSED AWAY
If you didn't know Sy because you don't get over to state court, you missed out. This man is a legend and embodied the Metro Justice Building. What a loss.
If you didn't know Sy because you don't get over to state court, you missed out. This man is a legend and embodied the Metro Justice Building. What a loss.
Govt rebuttal in Padilla trial to start today
And closing arguments will start Monday the 13th!
Now when will we get a verdict? Any guesses on how long the jury will be out? The over/under is Friday the 17th at 5PM.
Now when will we get a verdict? Any guesses on how long the jury will be out? The over/under is Friday the 17th at 5PM.
Monday, August 06, 2007
Executive branch vs. Judicial branch
The Louis Robles case has pitted prosecutors against the judiciary. The government and the defense had worked out a deal for Robles -- 10 years in prison plus restitution -- and that deal had the blessing of the receiver and almost all of the victims.
Judge Gold, however, won't accept the deal, saying it's too lenient. The government recently filed a 16 page motion for reconsideration explaining why the plea made sense. Judge Gold denied that motion, which now leaves the government with two choices. It can try a case that neither party wants to try. Or it can dismiss the counts that carry more than a 10 year maximum, leaving Judge Gold with no choice but to sentence Robles to 10 years, even after a trial.
Oftentimes, defense lawyers complain that sentencing is driven by prosecutors and that it should be left to judges to sentence, not executive officers. In this case, prosecutorial discretion is important in capping the sentence.
Any thoughts on what the U.S. Attorney's office should do? Should they defer to the judge or stand up for their position?
Here are previous posts on the Robles case. Our initial coverage of the issue is here. The DBR covers the story today but there is no free link yet.
Judge Gold, however, won't accept the deal, saying it's too lenient. The government recently filed a 16 page motion for reconsideration explaining why the plea made sense. Judge Gold denied that motion, which now leaves the government with two choices. It can try a case that neither party wants to try. Or it can dismiss the counts that carry more than a 10 year maximum, leaving Judge Gold with no choice but to sentence Robles to 10 years, even after a trial.
Oftentimes, defense lawyers complain that sentencing is driven by prosecutors and that it should be left to judges to sentence, not executive officers. In this case, prosecutorial discretion is important in capping the sentence.
Any thoughts on what the U.S. Attorney's office should do? Should they defer to the judge or stand up for their position?
Here are previous posts on the Robles case. Our initial coverage of the issue is here. The DBR covers the story today but there is no free link yet.
Battle dead
The intro to the Miami Herald obit:
Jose Miguel Battle Sr., former godfather of the Cuban mob, died in federal custody at a dialysis facility in South Carolina, his attorney confirmed to The Miami Herald late Sunday. He was 77.
Battle, who had been suffering from liver failure, diabetes and cardiac problems, was awaiting a spot in federal prison to serve out his 20-year sentence on racketeering charges, attorney Jack Blumenfeld said. He died Friday morning.
''He was in a private place, an assisted-living facility,'' said Blumenfeld, Battle's attorney since 1978. ``He was sick for a long time.''
Battle was in the middle of an estimated year long trial in front of Judge Gold when he pleaded guilty. He was allowed to remain out on bond so that he could die at home instead of in jail. His health was so bad during the trial that he slept in a recliner chair throughout most of the day.
Jose Miguel Battle Sr., former godfather of the Cuban mob, died in federal custody at a dialysis facility in South Carolina, his attorney confirmed to The Miami Herald late Sunday. He was 77.
Battle, who had been suffering from liver failure, diabetes and cardiac problems, was awaiting a spot in federal prison to serve out his 20-year sentence on racketeering charges, attorney Jack Blumenfeld said. He died Friday morning.
''He was in a private place, an assisted-living facility,'' said Blumenfeld, Battle's attorney since 1978. ``He was sick for a long time.''
Battle was in the middle of an estimated year long trial in front of Judge Gold when he pleaded guilty. He was allowed to remain out on bond so that he could die at home instead of in jail. His health was so bad during the trial that he slept in a recliner chair throughout most of the day.
Subscribe to:
Posts (Atom)