Looking forward to the Saints/Colts Superbowl. Thank goodness it's not the Jets.
What up people?
Anyone in trial?
Bob Norman was at the Scott Rothstein auction and took some video here.
Here is the Florida Bar's webpage addressing its Haiti relief effort.
That's all I got for you this Monday morning. Hit me up with some news.
UPDATE -- Curt Anderson covers the Supreme Court's decision not to review Manuel Noriega's case.
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
Monday, January 25, 2010
Friday, January 22, 2010
Justice Stevens has a bad day
Yesterday was a big day in the Supreme Court with the campaign finance decision. But it was also noteworthy because those in the courtroom noted that Justice Stevens was having some trouble reading his dissent. Many have speculated that Justice Stevens is going to retire at the end of the Term, in part because he's hired only one clerk. From the BLT:
It's rare, and always dramatic to watch, when a Supreme Court justice reads from a dissent on the bench. On Thursday, when Justice John Paul Stevens read at length from his stinging 90-page dissent in Citizens United v. Federal Election Commission, it was also a little painful to watch.
For more than 20 minutes, Stevens spoke haltingly as he read from a summary of the dissent, a task he'd ordinarily breeze through. The 89-year-old justice seemed off his game, tripping on some words, getting stuck on others. At one point, he kept mispronouncing the word "corporation" as something like "corpo-russian," and he could not quite get it right.
As CBS News Court correspondent Jan Crawford noted on her blog with similar observations, "Maybe it was just a bad day, and Lord knows we’ve all had those." And the written product is more important than how it was read aloud. But with a justice who is said to be on the verge of retiring at the end of this term, and in a case of such high impact, it was hard not to notice Stevens' tough morning.
It's rare, and always dramatic to watch, when a Supreme Court justice reads from a dissent on the bench. On Thursday, when Justice John Paul Stevens read at length from his stinging 90-page dissent in Citizens United v. Federal Election Commission, it was also a little painful to watch.
For more than 20 minutes, Stevens spoke haltingly as he read from a summary of the dissent, a task he'd ordinarily breeze through. The 89-year-old justice seemed off his game, tripping on some words, getting stuck on others. At one point, he kept mispronouncing the word "corporation" as something like "corpo-russian," and he could not quite get it right.
As CBS News Court correspondent Jan Crawford noted on her blog with similar observations, "Maybe it was just a bad day, and Lord knows we’ve all had those." And the written product is more important than how it was read aloud. But with a justice who is said to be on the verge of retiring at the end of this term, and in a case of such high impact, it was hard not to notice Stevens' tough morning.
Thursday, January 21, 2010
Where are the judges?
Jeffrey Toobin asks this question in the New Yorker. It's a fair question. What is taking Obama so long? Toobin:
When Obama took office, there were more than a hundred vacancies on the federal appeals and district courts. One year into his tenure, Obama has made only thirty-one appointments to those courts, and just twelve have been confirmed. In George W. Bush’s first year, with a similar number of vacancies, he made sixty-four nominations. White House officials assert that ten new district court nominations are imminent, but the overall pace remains astonishingly slow. I wrote about this aspect of Obama’s Presidency last September, and the trend has continued.
Why is this? In part, it’s because a Supreme Court vacancy, which the President filled with the admirable Sonia Sotomayor, occupied the White House through the summer months. That successful nomination is both more important—and was more time-consuming—than any of the others.
But there is another major factor as well. As a former Senator himself, the President is a believer in the tradition of senatorial direction of district-court nominations, and senatorial influence on appeals-court choices. The President wanted to include senators in the process, including those of the opposition party. It was an example of Obama’s post-partisan plans in action. If Republicans had a voice in the judicial nominations process, the theory went, partisan bickering would slow, if not cease, and the judiciary would inch away from the culture wars.
As in other areas, Obama’s hopes for post-partisanship failed when it came to the judiciary. Republicans have stalled on many nominations, fought others, and mostly done their best to slow down the pace. What’s perplexing is that Obama himself has not filled the pipeline with nominations; if he did, Republicans might feel some pressure to move the process along. Senator Patrick Leahy, the chairman of the Judiciary Committee, has held prompt hearings for all of Obama’s nominees, but he can’t hold hearings on nominations that haven’t yet been made.
I don't think either of these explanations work. So what that the administration was working on Justice Sotomayor? It should have been working equally hard on filling the other slots. And as for wanting the Senators' support, I'm not sure this is true. In Florida, for example, the rumors are that the Oval Office did not want a recommendation from the Senators (even though that's how it had worked in the past), which delayed the process. Thankfully, Kathy Williams is finally being vetted. But more openings are on the horizon in the District; hopefully we'll see them filled faster.
UPDATE -- Well, at least one open seat (Lanier Anderson's) just got filled -- the Senate just confirmed new 11th Circuit judge Beverly Martin 97-0. Congrats!
When Obama took office, there were more than a hundred vacancies on the federal appeals and district courts. One year into his tenure, Obama has made only thirty-one appointments to those courts, and just twelve have been confirmed. In George W. Bush’s first year, with a similar number of vacancies, he made sixty-four nominations. White House officials assert that ten new district court nominations are imminent, but the overall pace remains astonishingly slow. I wrote about this aspect of Obama’s Presidency last September, and the trend has continued.
Why is this? In part, it’s because a Supreme Court vacancy, which the President filled with the admirable Sonia Sotomayor, occupied the White House through the summer months. That successful nomination is both more important—and was more time-consuming—than any of the others.
But there is another major factor as well. As a former Senator himself, the President is a believer in the tradition of senatorial direction of district-court nominations, and senatorial influence on appeals-court choices. The President wanted to include senators in the process, including those of the opposition party. It was an example of Obama’s post-partisan plans in action. If Republicans had a voice in the judicial nominations process, the theory went, partisan bickering would slow, if not cease, and the judiciary would inch away from the culture wars.
As in other areas, Obama’s hopes for post-partisanship failed when it came to the judiciary. Republicans have stalled on many nominations, fought others, and mostly done their best to slow down the pace. What’s perplexing is that Obama himself has not filled the pipeline with nominations; if he did, Republicans might feel some pressure to move the process along. Senator Patrick Leahy, the chairman of the Judiciary Committee, has held prompt hearings for all of Obama’s nominees, but he can’t hold hearings on nominations that haven’t yet been made.
I don't think either of these explanations work. So what that the administration was working on Justice Sotomayor? It should have been working equally hard on filling the other slots. And as for wanting the Senators' support, I'm not sure this is true. In Florida, for example, the rumors are that the Oval Office did not want a recommendation from the Senators (even though that's how it had worked in the past), which delayed the process. Thankfully, Kathy Williams is finally being vetted. But more openings are on the horizon in the District; hopefully we'll see them filled faster.
UPDATE -- Well, at least one open seat (Lanier Anderson's) just got filled -- the Senate just confirmed new 11th Circuit judge Beverly Martin 97-0. Congrats!
Wednesday, January 20, 2010
Supreme Court addresses case of the chocolate penis
This is not a joke -- check out Wellons v. Hall, a case that comes out of the 11th Circuit. Here's the AP and the ABA:
The U.S. Supreme Court has ordered a federal appeals court to reconsider the claims of a Georgia death row inmate who is challenging his rape and murder conviction based on some unusual chocolate gifts given to the trial judge and bailiff.
Some jurors hearing the case against defendant Marcus Wellons gave the trial judge chocolate shaped as male genitalia and the bailiff chocolate shaped as female breasts.
In a 5-4 ruling (PDF), the U.S. Supreme Court in a per curiam opinion ordered the Atlanta-based 11th U.S. Circuit Court of Appeals to reconsider whether Wellons is entitled to discovery and a hearing in light of a high court ruling last year on behalf of an inmate who contended prosecutors withheld evidence of his drug addiction.
“Neither Wellons nor any court has ascertained exactly what went on at this capital trial or what prompted such ‘gifts,’ ” the Supreme Court wrote in the per curiam opinion. “Wellons has repeatedly tried, in both state and federal court, to find out what occurred, but he has found himself caught in a procedural morass.”
The court said that defense counsel did not learn until after the trial about unreported ex parte contacts between jurors and the judge, that jurors and a bailiff planned a reunion, and that jurors gave the chocolate gifts to the judge and bailiff either during or immediately after the penalty phase of the trial.
“From beginning to end, judicial proceedings conducted for the purpose of deciding whether a defendant shall be put to death must be conducted with dignity and respect,” the Supreme Court said in the per curiam opinion. “The disturbing facts of this case raise serious questions concerning the conduct of the trial, and this petition raises a serious question about whether the Court of Appeals carefully reviewed those facts before addressing petitioner’s constitutional claims.”
Ah, that's just too good. In other news: Judge Jordan sentences the Crime Stoppers cop to two months.
And American Idol is back:
The U.S. Supreme Court has ordered a federal appeals court to reconsider the claims of a Georgia death row inmate who is challenging his rape and murder conviction based on some unusual chocolate gifts given to the trial judge and bailiff.
Some jurors hearing the case against defendant Marcus Wellons gave the trial judge chocolate shaped as male genitalia and the bailiff chocolate shaped as female breasts.
In a 5-4 ruling (PDF), the U.S. Supreme Court in a per curiam opinion ordered the Atlanta-based 11th U.S. Circuit Court of Appeals to reconsider whether Wellons is entitled to discovery and a hearing in light of a high court ruling last year on behalf of an inmate who contended prosecutors withheld evidence of his drug addiction.
“Neither Wellons nor any court has ascertained exactly what went on at this capital trial or what prompted such ‘gifts,’ ” the Supreme Court wrote in the per curiam opinion. “Wellons has repeatedly tried, in both state and federal court, to find out what occurred, but he has found himself caught in a procedural morass.”
The court said that defense counsel did not learn until after the trial about unreported ex parte contacts between jurors and the judge, that jurors and a bailiff planned a reunion, and that jurors gave the chocolate gifts to the judge and bailiff either during or immediately after the penalty phase of the trial.
“From beginning to end, judicial proceedings conducted for the purpose of deciding whether a defendant shall be put to death must be conducted with dignity and respect,” the Supreme Court said in the per curiam opinion. “The disturbing facts of this case raise serious questions concerning the conduct of the trial, and this petition raises a serious question about whether the Court of Appeals carefully reviewed those facts before addressing petitioner’s constitutional claims.”
Ah, that's just too good. In other news: Judge Jordan sentences the Crime Stoppers cop to two months.
And American Idol is back:
Monday, January 18, 2010
Justices Better at Precedent Than Prescience
That's the title to this interesting Adam Liptak NYTimes article. Liptak argues that the Supreme Court Justices aren't too good about making predictions. I particularly like the discussion of broadcasting federal court hearings. I think it's absurd that we don't allow cameras in the courtroom. From the article:
The Supreme Court’s main strength lies in adjudicating disputes based on things that have already happened. It is less good at predicting the future.
On Wednesday, for instance, it shut down plans to broadcast the same-sex marriage trial in San Francisco partly for fear that witnesses in the case would be harassed if their public testimony were made more public. That conclusion is known in the trade as speculation.
Consider first of all that we are talking about a trial held in open court and subject to intense press coverage. The witnesses are mostly paid experts whose views on the subject are already well known. “They’re not, after all, in the witness protection program testifying against Mafia bosses,” Eva Rodriguez wrote in The Washington Post.
Then add to the analysis that the additional coverage the court forbade was only closed-circuit transmissions to a few other federal courthouses around the country. (There had been talk of posting video on YouTube, but the idea was never approved and so was not before the Supreme Court.)
The people viewing the transmissions in the remote courthouses would have been barred from making recordings of the proceedings. Allowing the transmissions, Eugene Volokh wrote on The Volokh Conspiracy legal blog, was equivalent to “holding the trial in an extra large courtroom.”
“And most of the extra audience would be far from California,” Mr. Volokh added, “and therefore not especially likely to be able to effectively harass the witnesses in ways that turn on seeing the witness’s testimony.”
There were other grounds for the court’s 5-to-4 decision, including the majority’s sense that lower-court judges in California have twisted the procedural rules to allow video coverage, a point that resonated with Ms. Rodriguez and other commentators. But the court also grounded its ruling on a finding that opponents of same-sex marriage “have demonstrated that irreparable harm would likely result” from the transmissions.
The Supreme Court’s main strength lies in adjudicating disputes based on things that have already happened. It is less good at predicting the future.
On Wednesday, for instance, it shut down plans to broadcast the same-sex marriage trial in San Francisco partly for fear that witnesses in the case would be harassed if their public testimony were made more public. That conclusion is known in the trade as speculation.
Consider first of all that we are talking about a trial held in open court and subject to intense press coverage. The witnesses are mostly paid experts whose views on the subject are already well known. “They’re not, after all, in the witness protection program testifying against Mafia bosses,” Eva Rodriguez wrote in The Washington Post.
Then add to the analysis that the additional coverage the court forbade was only closed-circuit transmissions to a few other federal courthouses around the country. (There had been talk of posting video on YouTube, but the idea was never approved and so was not before the Supreme Court.)
The people viewing the transmissions in the remote courthouses would have been barred from making recordings of the proceedings. Allowing the transmissions, Eugene Volokh wrote on The Volokh Conspiracy legal blog, was equivalent to “holding the trial in an extra large courtroom.”
“And most of the extra audience would be far from California,” Mr. Volokh added, “and therefore not especially likely to be able to effectively harass the witnesses in ways that turn on seeing the witness’s testimony.”
There were other grounds for the court’s 5-to-4 decision, including the majority’s sense that lower-court judges in California have twisted the procedural rules to allow video coverage, a point that resonated with Ms. Rodriguez and other commentators. But the court also grounded its ruling on a finding that opponents of same-sex marriage “have demonstrated that irreparable harm would likely result” from the transmissions.
Sunday, January 17, 2010
"He's just a natural leader -- it's innate, yet he's so modest."
That's Willy Ferrer's former boss Murray Greenberg in the nice Herald article about Ferrer becoming U.S. Attorney. Here's the intro:
When Barack Obama was elected president, Miami's Democratic machine revved up to raise the profile of Wifredo Ferrer -- now the likely nominee for U.S. attorney in Miami.
His résumé was an easy sell: former deputy chief of staff to U.S. Attorney General Janet Reno, a one-time federal prosecutor in Miami and chief of Miami-Dade County's federal litigation section.
The son of Cuban immigrants also was valedictorian at Hialeah-Miami Lakes Senior High, first in his class at the University of Miami, and president of his class at the University of Pennsylvania Law School.
``When the president was elected and it was clear a Democrat was in the White House, the stars aligned,'' said Obama fundraiser J. Ricky Arriola, who met Ferrer, also an Obama backer, when they were both associates 18 years ago at Steel Hector & Davis in Miami.
``But he stands on his own -- no amount of political spinning would have gotten him this position,'' said Arriola, who was appointed by Obama to the president's Committee on the Arts and Humanities. ``Willy worked very hard to get it.''
Attorney General Eric Holder, former deputy to Reno during her tenure in that post, is overseeing a final FBI review of Ferrer this month before the president is expected to nominate him as the U.S. attorney for the Southern District of Florida. Ferrer, 43, married with two sons, would be the fourth lawyer of Cuban descent to fill the prominent job -- but the first appointed by a Democratic president.
His résumé was an easy sell: former deputy chief of staff to U.S. Attorney General Janet Reno, a one-time federal prosecutor in Miami and chief of Miami-Dade County's federal litigation section.
The son of Cuban immigrants also was valedictorian at Hialeah-Miami Lakes Senior High, first in his class at the University of Miami, and president of his class at the University of Pennsylvania Law School.
``When the president was elected and it was clear a Democrat was in the White House, the stars aligned,'' said Obama fundraiser J. Ricky Arriola, who met Ferrer, also an Obama backer, when they were both associates 18 years ago at Steel Hector & Davis in Miami.
``But he stands on his own -- no amount of political spinning would have gotten him this position,'' said Arriola, who was appointed by Obama to the president's Committee on the Arts and Humanities. ``Willy worked very hard to get it.''
Attorney General Eric Holder, former deputy to Reno during her tenure in that post, is overseeing a final FBI review of Ferrer this month before the president is expected to nominate him as the U.S. attorney for the Southern District of Florida. Ferrer, 43, married with two sons, would be the fourth lawyer of Cuban descent to fill the prominent job -- but the first appointed by a Democratic president.
The article concludes with more from Murray:
"He hasn't forgotten his background. He is Hialeah. He's very much at home in the Cuban culture, but he's also very much at home anywhere in Miami, and anywhere in the country.''
Our prior coverage of Willy is here .
Friday, January 15, 2010
Slow blogging
Sorry for the slow blogging. We will be back Monday. In the meantime, check out Rick Bascuas' blog -- he's not happy with the Court. South Florida Lawyers and Rumpole also have good posts. Enjoy the warmer weather...
Wednesday, January 13, 2010
"We have conduct that shocks the conscience."
That was Chief Assistant Federal Defender Michael Caruso (who should be the next PD after Kathy Williams becomes a judge) at the Jose Padilla oral argument in Atlanta discussing the treatment of his client at the Navy brig:
Convicted terrorism plotter Jose Padilla's attorneys asked an appeals court on Tuesday to throw out his conviction, arguing that he was the victim of "outrageous governmental conduct."
Padilla gained notoriety when he was accused in 2002 of plotting to blow up a radioactive "dirty bomb," though those claims were eventually dropped. He was later convicted along with two others in an unrelated terrorism plot.
Padilla's lawyer told the 11th Circuit Court of Appeals that his client should have been granted an evidentiary hearing before the 2007 trial that would have proved he was being mistreated by the government.
***
In court filings and during arguments Tuesday, Padilla's attorney Michael Caruso contended there should have been an evidentiary hearing before the trial that would have proven he is the victim of "outrageous governmental conduct." He said his client was mistreated and tortured on a Navy brig, charges that federal officials have repeatedly denied.
"There can be no dispute that we have that here - extremely prolonged isolation, psychological and physical abuse, prolonged interrogation," said Caruso. "We have conduct that shocks the conscience."
It will be interesting to see what the Court does on this very sensitive case...
In other news:
SFLawyer covers the Federal Bar lunch here.
The Florida Bar is investigating a number of RRA lawyers (via Miami Herald).
And Scott Rothstein was before Judge Cohn today explaining that because he has known his lawyer Marc Nurik for 30 years (Nurik later said this was an exaggeration), he didn't think there could be a conflict:
Also, prosecutors said that Nurik could have exculpatory information since he worked with Rothstein.
But Rothstein told Cohn that he has no reservations about keeping Nurik as his attorney.
``I believe in his loyalty,'' Rothstein said.
When Cohn asked Rothstein if Nurik may attempt to protect other employees at the firm who prosecutors said may have criminal culpability, Rothstein said:
``I've known Mr. Nurik for 30 years, Judge. I don't believe that is a possibility for him.''
After the hearing, Nurik said that 30 years was an exaggeration -- he said he met Rothstein when he was a student in his trial advocacy class at Nova Southeastern University law school.
Convicted terrorism plotter Jose Padilla's attorneys asked an appeals court on Tuesday to throw out his conviction, arguing that he was the victim of "outrageous governmental conduct."
Padilla gained notoriety when he was accused in 2002 of plotting to blow up a radioactive "dirty bomb," though those claims were eventually dropped. He was later convicted along with two others in an unrelated terrorism plot.
Padilla's lawyer told the 11th Circuit Court of Appeals that his client should have been granted an evidentiary hearing before the 2007 trial that would have proved he was being mistreated by the government.
***
In court filings and during arguments Tuesday, Padilla's attorney Michael Caruso contended there should have been an evidentiary hearing before the trial that would have proven he is the victim of "outrageous governmental conduct." He said his client was mistreated and tortured on a Navy brig, charges that federal officials have repeatedly denied.
"There can be no dispute that we have that here - extremely prolonged isolation, psychological and physical abuse, prolonged interrogation," said Caruso. "We have conduct that shocks the conscience."
It will be interesting to see what the Court does on this very sensitive case...
In other news:
SFLawyer covers the Federal Bar lunch here.
The Florida Bar is investigating a number of RRA lawyers (via Miami Herald).
And Scott Rothstein was before Judge Cohn today explaining that because he has known his lawyer Marc Nurik for 30 years (Nurik later said this was an exaggeration), he didn't think there could be a conflict:
Also, prosecutors said that Nurik could have exculpatory information since he worked with Rothstein.
But Rothstein told Cohn that he has no reservations about keeping Nurik as his attorney.
``I believe in his loyalty,'' Rothstein said.
When Cohn asked Rothstein if Nurik may attempt to protect other employees at the firm who prosecutors said may have criminal culpability, Rothstein said:
``I've known Mr. Nurik for 30 years, Judge. I don't believe that is a possibility for him.''
After the hearing, Nurik said that 30 years was an exaggeration -- he said he met Rothstein when he was a student in his trial advocacy class at Nova Southeastern University law school.
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