Noriega va en France

“This court never intended for the proclamation of defendant as a P.O.W. to shield him from all future prosecutions for serious crimes he is alleged to have committed,” Judge William Hoeveler said in his 12-page ruling, sending Manuel Noriega to France. “That being said, even the most vile offender is entitled to the same protections as those owed to a law-abiding soldier once they have been declared a P.O.W. It appears that the extradition proceedings should proceed uninterrupted.”

The NY Times reports on the case here:

Mr. Noriega was convicted in absentia in France in 1999 and sentenced to 10 years in prison for laundering more than $3 million in drug proceeds. France has agreed to hold a new trial if Mr. Noriega is extradited.
Mr. Noriega also faces legal jeopardy at home in Panama, where he was convicted in absentia of embezzlement, corruption and murdering political opponents. Although Mr. Noriega faces up to 60 years in prison for those charges, Panamanian law allows older convicts to serve prison time at home and Mr. Noriega’s Panamanian lawyers have expressed confidence they can beat the charges there and keep him out of jail.
Mr. Hoeveler, who presided over Mr. Noriega’s criminal trial in Miami, ruled that Mr. Noriega’s status as a prisoner of war does not prevent him from future prosecution.

....

Mr. Noriega may still appeal the ruling, which will keep him in U.S. custody for some weeks or months. Frank Rubino, Mr. Noriega’s Miami-based attorney, said he was disappointed by the ruling and would decide in the next week whether to challenge it in the United States Court of Appeals 11th Circuit or with the United Nations.

Jose Padilla jury speaks

Fascinating story below from Jay Weaver about the jury deliberations in Padilla.
Apparently, it was a very close case on Padilla and it came down to one phone call. Five months in trial and the case came down to one call. Amazing.
Check it out:
http://www.miamiherald.com/news/miami_dade/story/213540.html
--David Oscar Markus
www.markuslaw.com
305-379-6667

On the road again

Headed to the District of DC today. Blogging on hold for a bit.
--David Oscar Markus
www.markuslaw.com
305-379-6667

"Your honor, I am an innocent man, I have been wrongly convicted."

That was Kenneth Wilk before he was sentenced to life in prison (by Judge Cohn) for killing Officer Todd Fatta. Here's the Sun-Sentinel article about the sentencing.

Michael Vick

There are whispers that Virginia may pursue state charges against Michael Vick for dogfighting. Professor Berman asks whether this is fair. It's a good question and one that comes up in this District from time to time. It seems to me that once one sovereign or the other resolves a criminal case, that should be it. I understand that the double jeopardy clause has been interpreted to allow separate prosecutions by the state and the federal governments, but does this really make sense? This is one of those areas of the law that makes absolutely no sense to most lawyers and to the general public. Any thoughts from SDFLA readers?

And if you are looking for some Vick humor, here is David Letterman's top ten Michael Vick excuses.

If you are looking for some Miami humor, Rumpole is in good form today...