More trouble for Kuehne prosecution and other lawyer news

In what already looks like a doomed prosecution against attorney Ben Kuehne, it just got tougher. Yesterday, the Supreme Court decided Cuellar v. United States, which holds (9-0 per Thomas) that the federal money-laundering statue did not require proof of “appearance of legitimate wealth” and the statute could not be satisfied solely by evidence that a defendant concealed funds during transportation. The Kuehne team will be pouring over every word of the opinion, I'm sure...

In other lawyer news, Goeffrey Fieger was acquitted yesteday. His lawyer, Gerry Spence, remains undefeated! Fieger had this to say (apropos of the above case): "I'm very pleased with the American system and the jury. I thank the jury for listening. I hope this puts an end to political prosecutions in the age of Mr. Bush."

And finally, attorney Mel Weiss was sentenced to 30 months (3 months below the advisory guideline range agreed on by the parties).

Recount

So I finally got around to the HBO movie Recount on my TiVo. I really enjoyed it. It threw me back to those days in 2000 when I was attached to the TV watching the twists and turns of the bitter election fight between Bush and Gore. I actually had dreams (nightmares) last night after watching the film...

There were lots of SDFLA references of course, since we were ground zero.

A guy named Phillip Nolen played Ben Kuehne, but he didn't wear the bowtie! Bruce Altman played Mitchell Berger. Laura Dern was an excellent Katherine Harris. The other main players were also very well cast. I may be mistaken but I thought I saw Kendall Coffee sitting as an extra in the Supreme Court scene at the end...
Anyway, if you want to relive some of those moments, it's well worth it.

Judge Highsmith to retire at the end of the year

So we were one year off in our prediction.

John Pacenti covers the latest news here. We will have more on Judge Highsmith soon.

We also send our condolences to friend of blog, Dore Louis, for the passing of his father Paul Louis. Like Dore, Paul was quite a character and quite a lawyer. Here is the beautiful article from the Miami Herald. The intro:

He was a dogged attorney, whose representation of a young black man convicted of murder by an all white jury led to a landmark 1984 ruling by the Florida Supreme Court.
He kept a cane in his downtown Miami office, not because he needed it to walk. He swung it in the air or banged it on the table to make his point.
Even when his clients couldn't pay their legal bill, Paul A. Louis stuck by them.
''He wouldn't give up when he got into a case,'' said Miami-Dade Circuit Judge Paul Siegel, who worked with him in private practice for more than 25 years. ``The law firm might not get paid, but he kept on it.''
Louis, whose legal career spanned nearly six decades, died Saturday at age 85.
Only a battle with throat and liver cancer could sideline Louis. Even as his health deteriorated, he checked in on cases.
''Literally after his voice was gone he was mouthing the names of clients that the firm still had and asking about the status of the cases wanting to be kept up-to-date to offer yes or no opinions on how to proceed,'' said his son, Marshall Dore Louis. ``His loyalty was just tremendous.''

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!

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.

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.''

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.

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":