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.

Rumpole on our case

Now even our friends are telling us to mind our own business....

Here's Rumpole's take on the Judge Highsmith story in italics and my response in bold:

Everyone's favourite federal blogger- David O Markus- whose blog can be viewed by clicking on the link on this page- got himself and his blog into a spot of hot water the other day, by publishing the well researched rumor that Federal Judge Highsmith was retiring.

I'm glad I'm Rumpole's "favourite federal blogger" and that he links to us. But is it really a "rumor" when the Judge himself announced it open court?

Julie Kay from the Daily Business Review jumped on the bandwagon and wrote an article and before you can say "contempt" Chief Judge Zloch was issuing denials. Actually, everyone apparently had a good laugh about the whole episode,
and the mere fact Mr. Markus was seen sweeping the floor of Judge Zloch's courtroom the other day had nothing to do with Mr. Markus's ill advised venture into the land of rumor and innuendo. Leave that stuff to us we say.

Judge Zloch's floors weren't dirty at all, so it wasn't a big deal... Fine Rumpole, you are the gossip king (queen?) so we'll leave this stuff to you in the future.

As Muhammad Ali used to say- "Your hands can't hit what your eyes can't see" and last we checked there was no known address for US Marshalls to appear at to take us into custody. Mr. Markus writes a great blog. But we think he is better off writing about the legislative histories of Federal Statutes and cheering on Judge Cooke in the Padilla case. In either event, it was nice to see that Rumpole isn't the only Florida legal blogger who needs counsel every now and then.

If we actually did need counsel, we'd hire Rumpole. What's the hourly rate these days?

More blog news

The Judge Highsmith story (controversy?) has made national blog news here at Above The Law, the fun and witty legal tabloid blog.

We had the pleasure of meeting the blog's author, David Lat, during his stay in Miami. He's a very engaging guy. It's no wonder his blogs have been so popular.

Blog controversy

Last week we reported that Judge Highsmith was going to retire by the end of the year and that he was getting off the criminal wheel.

Today, Julie Kay in the Daily Business Review says we're wrong. "Rumors began that U.S. District Court Senior Judge Shelby Highsmith was retiring after it was reported on a legal blog run by Miami criminal defense lawyer David O. Markus. . . . But last Thursday, District Judge William Zloch said in an interview he spoke to Highsmith and the judge is only retiring from criminal cases -- as of March. . . . 'Rumors of his demise are greatly exaggerated,' Zloch said with a laugh. 'I just spoke to him and he is not going anywhere. As a senior judge he has the option of taking a lighter load.'"

Interesting. A couple points though --

First, I did not start the rumors. I was told by a number of people that Judge Highsmith himself announced his retirement in open court. Second, I got confirmation from people who would know. I note that Ms. Kay did not speak with Judge Highsmith himself (to be fair, neither did I).... Third, don't you think that the article should have mentioned the blog by name!?

In any event, I hope Julie Kay is right and that Judge Highsmith is not retiring.

Lawyer guilty of Medicare fraud

"South Florida attorney Benjamin R. Metsch pleaded guilty today on charges he defrauded Medicare from October 2002 through August 2004."