SFL isn't the only blogger that can discuss civil cases and exclamation points. From the published decision today in Isabel Diaz v. Jaguar Restaurant, which addressed the issue of whether an affirmative defense was waived or not: "If ever there were a classic case of waiver, this is it!"
I think Elaine's boss said it best:
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, December 13, 2010
Monday morning quick hits
1. The DBR does its year in review. Lots of bad eggs in the year -- Rothstein, Freeman, Adorno, Tolz... I don't think Santa will be bringing those guys anything this year.
2. I forgot to post the Obama pardon story from a couple weeks ago. He finally pardoned some humans but the list is really a joke. It includes Ronald Lee Foster of Beaver Falls, Pa., who was sentenced to a year of probation and a $20 fine for mutilating coins in 1963. Wow, thank goodness Obama was on top of that one... "The president was moved by the strength of the applicants' post-conviction efforts at atonement, as well as their superior citizenship and individual achievements in the years since their convictions," said White House spokesman Reid Cherlin.
3. No more crush videos: President Barack Obama on Thursday signed into law a bill that outlaws the creation and distribution of so-called animal crush videos -- culminating a remarkably quick response to a Supreme Court decision handed down less than eight months ago.
It was April 20 when the Court, in United States v. Stevens, struck down an earlier federal law that banned a more broadly defined category of depictions of animal cruelty. The Court found that law to be "substantially overbroad" and therefore unconstitutional under the First Amendment, because it could apply to hunting and fishing videos and other legitimate depictions.
The new law, passed with bipartisan support after hearings in recent months, focuses more narrowly on "obscene" animal crush videos in which animals are crushed or burned or otherwise mutilated. The definition ties the offense to obscenity -- which is not protected by the First Amendment -- by noting that the videos appeal to a particular sexual fetish.
2. I forgot to post the Obama pardon story from a couple weeks ago. He finally pardoned some humans but the list is really a joke. It includes Ronald Lee Foster of Beaver Falls, Pa., who was sentenced to a year of probation and a $20 fine for mutilating coins in 1963. Wow, thank goodness Obama was on top of that one... "The president was moved by the strength of the applicants' post-conviction efforts at atonement, as well as their superior citizenship and individual achievements in the years since their convictions," said White House spokesman Reid Cherlin.
3. No more crush videos: President Barack Obama on Thursday signed into law a bill that outlaws the creation and distribution of so-called animal crush videos -- culminating a remarkably quick response to a Supreme Court decision handed down less than eight months ago.
It was April 20 when the Court, in United States v. Stevens, struck down an earlier federal law that banned a more broadly defined category of depictions of animal cruelty. The Court found that law to be "substantially overbroad" and therefore unconstitutional under the First Amendment, because it could apply to hunting and fishing videos and other legitimate depictions.
The new law, passed with bipartisan support after hearings in recent months, focuses more narrowly on "obscene" animal crush videos in which animals are crushed or burned or otherwise mutilated. The definition ties the offense to obscenity -- which is not protected by the First Amendment -- by noting that the videos appeal to a particular sexual fetish.
Friday, December 10, 2010
“California may be about to execute an innocent man.”
That's the opening line of Judge Fletcher's 100 page dissent from en banc review in the 9th Circuit and the opening line of this NY Times op-ed. This makes my blood boil -- if you can't make it through the entire dissent, you should check out the article. It very persuasively sets forth how Kevin Cooper, a black man in California who faces lethal injection for supposedly murdering a white family, was framed by police. Forget the horrors of an innocent man having spent the last 20 years on death row, how can the judiciary allow the state to execute him when he is "probably innocent" according to Judge Fletcher and 4 other Ninth Circuit judges. The NY Times has called for Governor Schwarzenegger commute the sentence:
This case is a travesty. It underscores the central pitfall of capital punishment: no system is fail-safe. How can we be about to execute a man when even some of America’s leading judges believe he has been framed?
Lanny Davis, who was the White House counsel for President Bill Clinton, is representing Mr. Cooper pro bono. He laments: “The media and the bar have gone deaf and silent on Kevin Cooper. My simple theory: heinous brutal murder of white family and black convict. Simple as that.”
That’s a disgrace that threatens not only the life of one man, but the honor of our judicial system. Governor Schwarzenegger, are you listening?
This case is a travesty. It underscores the central pitfall of capital punishment: no system is fail-safe. How can we be about to execute a man when even some of America’s leading judges believe he has been framed?
Lanny Davis, who was the White House counsel for President Bill Clinton, is representing Mr. Cooper pro bono. He laments: “The media and the bar have gone deaf and silent on Kevin Cooper. My simple theory: heinous brutal murder of white family and black convict. Simple as that.”
That’s a disgrace that threatens not only the life of one man, but the honor of our judicial system. Governor Schwarzenegger, are you listening?
Thursday, December 09, 2010
That's "a pretty sorry state of affairs with respect to what goes on in the statehouse."
That was Judge Zloch during the change of plea for Alan Mendelsohn.
From the AP:
A politically connected eye doctor and prominent fundraiser pleaded guilty Thursday to a federal conspiracy charge, admitting he filed false tax returns, lied to FBI agents and diverted tens of thousands of dollars in contributions for his own use.
During a plea hearing, Dr. Alan Mendelsohn said he got caught up in a Tallahassee pay-to-play system in which politicians reward those who funnel money to the right places and punish people who refuse.
Mendelsohn, who lobbied legislators on various health issues, told U.S. District Judge William Zloch of one instance in which he paid $82,000 to an associate of former state Sen. Mandy Dawson, a Democrat who had demanded repeatedly that Mendelsohn "hire" the aide.
"Otherwise, we had the great fear of being retaliated against legislatively," Mendelsohn told the judge, adding that such practices are common in state government.
Zloch responded that it was "a pretty sorry state of affairs with respect to what goes on in the statehouse."
In other news, Rumpole is covering the very sad story of Judge Robert Pineiro's death. The comments on the blog about him are lovely and I wish his family well during this terrible time.
From the AP:
A politically connected eye doctor and prominent fundraiser pleaded guilty Thursday to a federal conspiracy charge, admitting he filed false tax returns, lied to FBI agents and diverted tens of thousands of dollars in contributions for his own use.
During a plea hearing, Dr. Alan Mendelsohn said he got caught up in a Tallahassee pay-to-play system in which politicians reward those who funnel money to the right places and punish people who refuse.
Mendelsohn, who lobbied legislators on various health issues, told U.S. District Judge William Zloch of one instance in which he paid $82,000 to an associate of former state Sen. Mandy Dawson, a Democrat who had demanded repeatedly that Mendelsohn "hire" the aide.
"Otherwise, we had the great fear of being retaliated against legislatively," Mendelsohn told the judge, adding that such practices are common in state government.
Zloch responded that it was "a pretty sorry state of affairs with respect to what goes on in the statehouse."
In other news, Rumpole is covering the very sad story of Judge Robert Pineiro's death. The comments on the blog about him are lovely and I wish his family well during this terrible time.
Wednesday, December 08, 2010
Judge Cooke's annual holiday party
Judge Cooke has an annual party outside her chambers where she serves lots of delish desserts. Here is Jan Smith partaking in the fun:
Fun with the new SDFLA website
I was looking at the revamped district website (that was discussed here), and there are some neat features it has. For example, you can pull recently filed criminal cases, recently filed civil cases, and recent jury verdicts. You could always do this on CM/ECF, but you had to pay for it. Now it's free. Good stuff.
Tuesday, December 07, 2010
What you see is what you get.
Well not always. We've covered stories of government witnesses testifying in disguise. Well now a defendant gets to cover up...
When John Ditullio goes on trial on Monday, jurors will not see the large swastika tattooed on his neck. Or the crude insult tattooed on the other side of his neck. Or any of the other markings he has acquired since being jailed on charges related to a double stabbing that wounded a woman and killed a teenager in 2006.
Mr. Ditullio’s lawyer successfully argued that the tattoos could be distracting or prejudicial to the jurors, who under the law are supposed to consider only the facts presented to them. The case shows some of the challenges lawyers face when trying to get clients ready for trial — whether that means hitting the consignment shop for decent clothes for an impoverished client or telling wealthy clients to leave the bling at home.
“It’s easier to give someone who looks like you a fair shake,” said Bjorn E. Brunvand, Mr. Ditullio’s lawyer.
The court approved the judicial equivalent of an extreme makeover, paying $125 a day for the services of a cosmetologist to cover up the tattoos that Mr. Ditullio has gotten since his arrest. This is Mr. Ditullio’s second trial for the murder; the first, which also involved the services of a cosmetologist, ended last year in a mistrial. If convicted, he could face the death penalty.
“There’s no doubt in my mind — without the makeup being used, there’s no way a jury could look at John and judge him fairly,” Mr. Brunvand said in an interview in his office here. “It’s too frightening when you see him with the tattoos. It’s a scary picture.”
Mr. Ditullio’s lawyer successfully argued that the tattoos could be distracting or prejudicial to the jurors, who under the law are supposed to consider only the facts presented to them. The case shows some of the challenges lawyers face when trying to get clients ready for trial — whether that means hitting the consignment shop for decent clothes for an impoverished client or telling wealthy clients to leave the bling at home.
“It’s easier to give someone who looks like you a fair shake,” said Bjorn E. Brunvand, Mr. Ditullio’s lawyer.
The court approved the judicial equivalent of an extreme makeover, paying $125 a day for the services of a cosmetologist to cover up the tattoos that Mr. Ditullio has gotten since his arrest. This is Mr. Ditullio’s second trial for the murder; the first, which also involved the services of a cosmetologist, ended last year in a mistrial. If convicted, he could face the death penalty.
“There’s no doubt in my mind — without the makeup being used, there’s no way a jury could look at John and judge him fairly,” Mr. Brunvand said in an interview in his office here. “It’s too frightening when you see him with the tattoos. It’s a scary picture.”
Hence the cosmetologist. Chele, the owner of the company performing the work, said the process takes about 45 minutes
The first stage is a reddish layer to obscure the greenish tinge of the ink — “You cover a color with a color,” she explained. Then comes Dermablend, a cosmetic aid that smoothes and obscures and is used to cover scars and pigmentation disorders like vitiligo. A flesh-toned layer is then sprayed on with an air gun, and finally, to avoid the porcelain-doll look that comes from an even-hued coat, a final color touchup intended to, as theatrical makeup artists say, “put blood back in.”
The cosmetologist asked that she not be identified by her full name out of fear of reprisal and lost business. “We mostly do weddings,” she said.
The first stage is a reddish layer to obscure the greenish tinge of the ink — “You cover a color with a color,” she explained. Then comes Dermablend, a cosmetic aid that smoothes and obscures and is used to cover scars and pigmentation disorders like vitiligo. A flesh-toned layer is then sprayed on with an air gun, and finally, to avoid the porcelain-doll look that comes from an even-hued coat, a final color touchup intended to, as theatrical makeup artists say, “put blood back in.”
The cosmetologist asked that she not be identified by her full name out of fear of reprisal and lost business. “We mostly do weddings,” she said.
What say you readers? Should this defendant get a make-up job to get a fair trial or should the jury see him as he is?
Monday, December 06, 2010
Cameras in the 9th Circuit
Check it out today at 1pm on CSPAN -- it's the oral argument in the Prop 8 case in the 9th Circuit. From the LA Times:
Forget the latest episode of "House." The big TV event on Monday, at least in California, will be the U.S. 9th Circuit Court of Appeals hearing on Proposition 8, airing on C-SPAN. A panel of two appellate judges known to have liberal leanings and one with a more conservative reputation will consider the state's ban on same-sex marriage, passed by voters in 2008 but tossed out by a federal judge earlier this year.
We agree with U.S. District Judge Vaughn R. Walker's ruling that found the proposition unconstitutional, and with his finding that gay men and lesbians have historically been targets of discrimination. As such, they are entitled to the highest level of protection from the courts under the 14th Amendment to the U.S. Constitution against new laws that seek to strip them of their rights — including the right to marry. We also agree that there was no rational basis for Proposition 8. During the trial, even opponents of gay marriage were unable to articulate any ways in which such marriages would harm those of heterosexual couples, one of the contentions made by the defense. The defense's other claims — that heterosexual couples make better parents and that the purpose of marriage is responsible procreation — also fell apart under the lightest of scrutiny.
Forget the latest episode of "House." The big TV event on Monday, at least in California, will be the U.S. 9th Circuit Court of Appeals hearing on Proposition 8, airing on C-SPAN. A panel of two appellate judges known to have liberal leanings and one with a more conservative reputation will consider the state's ban on same-sex marriage, passed by voters in 2008 but tossed out by a federal judge earlier this year.
We agree with U.S. District Judge Vaughn R. Walker's ruling that found the proposition unconstitutional, and with his finding that gay men and lesbians have historically been targets of discrimination. As such, they are entitled to the highest level of protection from the courts under the 14th Amendment to the U.S. Constitution against new laws that seek to strip them of their rights — including the right to marry. We also agree that there was no rational basis for Proposition 8. During the trial, even opponents of gay marriage were unable to articulate any ways in which such marriages would harm those of heterosexual couples, one of the contentions made by the defense. The defense's other claims — that heterosexual couples make better parents and that the purpose of marriage is responsible procreation — also fell apart under the lightest of scrutiny.
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