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
Wednesday, May 28, 2008
I'm back!
I admit it -- I was on vacation and just got back late last night... That's the reason for the slow blogging. I'm catching up on mail, DBRs, email, and so on. Ahhh, the joy of returning to work. Just a quick skim of the inbox shows that there are some really interesting things going on -- John Pacenti had a great article in yesterday's DBR about attorney's fees in criminal cases, and in today's DBR, Billy Shields discusses how the Justice Building Blog broke a fascinating story about the removal of a state prosecutor from a homicide investigation. Will have more soon.... In the meantime, send me an email if you know of something interesting happening in the new federal courthouse!
Tuesday, May 27, 2008
NYT: should we elect or appoint our judges?
The New York Times had an interesting piece this weekend concerning an issue we've discussed on this Blog before -- whether judges should be elected or appointed.
Adam Liptak's article contains pretty good arguments as to why judges should be appointed, which is our position as well.
Check it out here: http://mobile.nytimes.com/article?a=168619&f=21&single=1
And let us know your thoughts.
Saturday, May 24, 2008
News & Notes
1. "Sport fishing 'shtick' nets probation term for charter boat operator" via Vanessa Blum. If you can't get enough Tom Watts-Fitzgerald, check out this article:
Rejecting a call for harsher punishment, a federal judge on Thursday ordered the owner of a South Florida charter fishing business to serve five years' probation for not reporting sailfish reeled in by customers and killing undersized fish.Stanley Saffan, 58, of Miami Beach, who pleaded guilty to those charges in February, must also pay $210,000 in financial penalties, forfeit one of his Therapy IV boats to the federal government and perform 500 hours of community service work.A crowd of relatives and supporters who turned out for Saffan's two-day hearing showed relief at the sentence, which was well below the 18 to 24 months' prison term sought by federal prosecutors.U.S. District Judge William Zloch barred Saffan, who runs sport fishing charters out of Baker's Haulover Inlet in North Miami Beach, from serving as captain of a vessel during his probation
2. "Gun box allowed as evidence in ghost ship case" via Jay Weaver. Judge Huck rejected the defense's motion to suppress:
An empty gun lockbox -- considered vital evidence in the case of four Miami Beach charter boat members slain at sea -- will be allowed at the trial of two men charged with their murders, a federal judge ruled Wednesday.
U.S. District Judge Paul Huck rejected an attempt by attorneys for defendant Guillermo Zarabozo to suppress evidence gathered by FBI agents at his mother's home -- including the lockbox that may have contained the suspected 9mm handgun used in last fall's killings.
''The point here is not that they found a firearm in a lockbox,'' Huck said. ``It's that they found no firearm in the lockbox.''
Rejecting a call for harsher punishment, a federal judge on Thursday ordered the owner of a South Florida charter fishing business to serve five years' probation for not reporting sailfish reeled in by customers and killing undersized fish.Stanley Saffan, 58, of Miami Beach, who pleaded guilty to those charges in February, must also pay $210,000 in financial penalties, forfeit one of his Therapy IV boats to the federal government and perform 500 hours of community service work.A crowd of relatives and supporters who turned out for Saffan's two-day hearing showed relief at the sentence, which was well below the 18 to 24 months' prison term sought by federal prosecutors.U.S. District Judge William Zloch barred Saffan, who runs sport fishing charters out of Baker's Haulover Inlet in North Miami Beach, from serving as captain of a vessel during his probation
2. "Gun box allowed as evidence in ghost ship case" via Jay Weaver. Judge Huck rejected the defense's motion to suppress:
An empty gun lockbox -- considered vital evidence in the case of four Miami Beach charter boat members slain at sea -- will be allowed at the trial of two men charged with their murders, a federal judge ruled Wednesday.
U.S. District Judge Paul Huck rejected an attempt by attorneys for defendant Guillermo Zarabozo to suppress evidence gathered by FBI agents at his mother's home -- including the lockbox that may have contained the suspected 9mm handgun used in last fall's killings.
''The point here is not that they found a firearm in a lockbox,'' Huck said. ``It's that they found no firearm in the lockbox.''
DNC lawsuit
From the Miami Herald:
Florida's history of discrimination against African Americans should force the national Democratic Party to count all of the state's delegates at its national convention, a federal lawsuit filed Thursday claims.
The suit, filed by state Senate Democratic Leader Steve Geller and two other Democrats, claims that the federal Voting Rights Act prohibits the national party from stripping the state of its convention delegates as punishment for violating party rules by holding its primary too early.
The civil-rights-era law requires the U.S. Justice Department to approve any significant voting change in Florida to make sure it doesn't disenfranchise minority voters. Geller argues that includes the Democratic National Committee's demand that Florida switch ''from a state-run primary to party-run caucus system'' to avoid losing its delegates.
''This is not about the Hillary Clinton campaign; this is not about the Barack Obama campaign. This is not even about the Florida Democratic Party. This is about democracy and how we value our votes,'' said Barbara Effman, president of the West Broward Democratic Club and a Clinton delegate. Effman joined Geller, an uncommitted superdelegate, and Percy Johnson, an Obama delegate, in the lawsuit.
Here's the lawsuit, filed by Ben Kuehne and Richard Epstein, which was assigned to Judge Marra.
Florida's history of discrimination against African Americans should force the national Democratic Party to count all of the state's delegates at its national convention, a federal lawsuit filed Thursday claims.
The suit, filed by state Senate Democratic Leader Steve Geller and two other Democrats, claims that the federal Voting Rights Act prohibits the national party from stripping the state of its convention delegates as punishment for violating party rules by holding its primary too early.
The civil-rights-era law requires the U.S. Justice Department to approve any significant voting change in Florida to make sure it doesn't disenfranchise minority voters. Geller argues that includes the Democratic National Committee's demand that Florida switch ''from a state-run primary to party-run caucus system'' to avoid losing its delegates.
''This is not about the Hillary Clinton campaign; this is not about the Barack Obama campaign. This is not even about the Florida Democratic Party. This is about democracy and how we value our votes,'' said Barbara Effman, president of the West Broward Democratic Club and a Clinton delegate. Effman joined Geller, an uncommitted superdelegate, and Percy Johnson, an Obama delegate, in the lawsuit.
Here's the lawsuit, filed by Ben Kuehne and Richard Epstein, which was assigned to Judge Marra.
Wednesday, May 21, 2008
Liberty City 6 on the web
Just got an email about MobLogic.Tv which has this video about the Liberty City 6 and this post titled, "Thought Police":
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