It's almost impossible for a criminal defendant to win in the 11th Circuit. But the pro se prisoner who filed the above pleading in the court of appeals did just that. From the opinion's intro:
Luis Camejo-Rodriguez seeks relief from his 1995 guilty plea to various cocaine and firearm offenses. In the instant appeal, he argues that the document he filed on September 11, 2009, entitled “Notice of Appeal Rule 4(a) of Federal Rules of Appellate Procedure. Request Permission to Appeal My 17 Years of Wrongful Conviction,” is an application to this Court for an order authorizing him to file a second or successive habeas petition. We conclude that Camejo-Rodriguez does not need such an order because the district court failed to properly notify him of the consequences of re-characterizing an earlier motion as his first § 2255 habeas petition, as required by Castro v. United States, 540 U.S. 375, 383, 124 S. Ct. 786,
792 (2003). Therefore, Camejo-Rodriguez is entitled to file a habeas petition that is not subject to the restrictions placed on second or successive petitions.
UPDATE--Congrats to AFPD Janice Bergman who was appointed by the 11th to represent Mr. Camejo-Rodriguez.
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
Friday, February 04, 2011
Interesting post about D.C. Circuit nominee
Before Kathy Williams' confirmation hearing, the judiciary committee heard from D.C. Circuit nominee Caitlin Halligan. There's an interesting post from the BLT on how that hearing went. Here's the intro:
Caitlin Halligan followed an often-used script today during her confirmation hearing for the U.S. Court of Appeals for the D.C. Circuit, telling a Senate committee that if confirmed, she would defer to Supreme Court precedent and to the Framers' intent.
But her hour-long testimony made clear that Republicans are laying the ground for possible opposition to her nomination. They questioned Halligan, a longtime New York appellate lawyer, about statements she’s made or signed on to, and they renewed a long-running debate about whether the influential D.C. Circuit has more judges than it needs.
If confirmed, Halligan, 44, would quickly be on the short list for the next Democratic nominee for the U.S. Supreme Court. Four sitting justices are alumni of the D.C. Circuit, and she is President Barack Obama’s first nominee for the D.C. Circuit.
Sen. Chuck Grassley (R-Iowa), the ranking Republican on the Senate Judiciary Committee, warned it might not be easy for Halligan to get there.
“This committee has multiple precedents establishing a heightened level of scrutiny given to nominees for the Court of Appeals of the D.C. Circuit,” Grassley said at the opening of Halligan’s hearing. He listed President George W. Bush’s six nominees for the court — only four of whom were confirmed. “All had a difficult and lengthy confirmation process. This included delays, filibusters, multiple hearings and other forms of obstruction,” he said.
Democrats responded by lauding Halligan’s credentials, including as New York’s state solicitor general and as head of the appellate practice at Weil, Gotshal & Manges. Early in her career, she clerked for former D.C. Circuit Chief Judge Patricia Wald and for Justice Stephen Breyer. She’s now general counsel in the Manhattan district attorney’s office.
“The remarkable thing about Caitlin’s experience is her unique depth of knowledge about the practicalities of government,” said Sen. Chuck Schumer (D-N.Y.).
Under questioning, Halligan, pictured above, kept her answers short and emphasized judicial modesty. She called the Constitution an “enduring” document and echoed conservative jurists’ language about originalism. “If faced with a constitutional question, a judge has to look to the text and attempt to understand the original intent behind those words,” she said.
Caitlin Halligan followed an often-used script today during her confirmation hearing for the U.S. Court of Appeals for the D.C. Circuit, telling a Senate committee that if confirmed, she would defer to Supreme Court precedent and to the Framers' intent.
But her hour-long testimony made clear that Republicans are laying the ground for possible opposition to her nomination. They questioned Halligan, a longtime New York appellate lawyer, about statements she’s made or signed on to, and they renewed a long-running debate about whether the influential D.C. Circuit has more judges than it needs.
If confirmed, Halligan, 44, would quickly be on the short list for the next Democratic nominee for the U.S. Supreme Court. Four sitting justices are alumni of the D.C. Circuit, and she is President Barack Obama’s first nominee for the D.C. Circuit.
Sen. Chuck Grassley (R-Iowa), the ranking Republican on the Senate Judiciary Committee, warned it might not be easy for Halligan to get there.
“This committee has multiple precedents establishing a heightened level of scrutiny given to nominees for the Court of Appeals of the D.C. Circuit,” Grassley said at the opening of Halligan’s hearing. He listed President George W. Bush’s six nominees for the court — only four of whom were confirmed. “All had a difficult and lengthy confirmation process. This included delays, filibusters, multiple hearings and other forms of obstruction,” he said.
Democrats responded by lauding Halligan’s credentials, including as New York’s state solicitor general and as head of the appellate practice at Weil, Gotshal & Manges. Early in her career, she clerked for former D.C. Circuit Chief Judge Patricia Wald and for Justice Stephen Breyer. She’s now general counsel in the Manhattan district attorney’s office.
“The remarkable thing about Caitlin’s experience is her unique depth of knowledge about the practicalities of government,” said Sen. Chuck Schumer (D-N.Y.).
Under questioning, Halligan, pictured above, kept her answers short and emphasized judicial modesty. She called the Constitution an “enduring” document and echoed conservative jurists’ language about originalism. “If faced with a constitutional question, a judge has to look to the text and attempt to understand the original intent behind those words,” she said.
Wednesday, February 02, 2011
Live blogging Kathy Williams' confirmation hearing
Coincidentally, I'm here in DC on a case and am lucky enough to be able to attend Kathy Williams' confirmation hearing, which is about to start. Below is her with Senators Nelson and Rubio.
2:10 Senator Coons is introducing everyone.
2:12 Senator Grassley is reading a statement. Fast reader. He says Kathy's seat has been vacant for two years. That's bad. He also says Clinton's people got confirmed faster. But he says it is time to confirm judges.
2:17 Sen. Nelson: bipartisan effort to move vacancies. Urges speedy consideration of Ms. Williams. Tradition in Florida w JNC to screen and interview. Then suggest 3 names and senators can tell WH if any objections or recommendations. It has always worked in Florida because broad support of legal and non-legal communities.
Now he talks about Kathy's background. Nice remarks about her.
2:22 Sen. Rubio: Kathy went to Duke and "more impressively" UM. More background and awards. Respect of peers. Shout out to CJA committee.
2:25 Sen. Schumer then discusses other nominees. They took Kathy first because Sen. Rubio and Nelson had "pressing business" in the Senate. Schumer said Nominee Halligan won 2 and lost 2 cases in Supreme Court, which shows she is balanced. Grassley quips that she has a better record than the 9th.
3:12 Still on the DC Circuit nominee.
3:21 Okay, on to Kathy! She thanks committee and Florida senators. Also former Florida senators. Thanks family with her. Colleagues. Office peeps. Says her office is back home "multitasking." "The love of her life Mike Mullaney." Her dad, William Williams. Still watching her. Beautiful intro remarks.
Sen. Coons asks KMW about her judicial philosophy: Fair and impartial arbiter. Treat everyone w dignity and respect. Listen well to all parties. Apply law to achieve just resolution.
Coons now asks how being a PD got her ready to be a judge: entire career in fed courts. Will help her substantively and in administration of justice.
Grassley: quotes her speech before federal bar in 2005 re death penalty and foreign law. Kathy says no to using foreign law in applying constitution and says she was trying to provoke thought.
Grassley: Speech before ACLU in 2003 re secret proceedings and evidence. And another speech in 2008 re indefinite detention. Kathy responds with the law from Supreme Court. Also says she would have to recuse in a terrorism case because of Mike Mullaney being chief of anti-terrorism division. Grassley says what about in 20 years. Kathy says she will apply the law.
Coons: what deference would you give to sentencing guidelines? K: start w accurate calculations to guidelines. Would do that in sentencing defendants.
3:50 done! Kathy did awesome!
2:10 Senator Coons is introducing everyone.
2:12 Senator Grassley is reading a statement. Fast reader. He says Kathy's seat has been vacant for two years. That's bad. He also says Clinton's people got confirmed faster. But he says it is time to confirm judges.
2:17 Sen. Nelson: bipartisan effort to move vacancies. Urges speedy consideration of Ms. Williams. Tradition in Florida w JNC to screen and interview. Then suggest 3 names and senators can tell WH if any objections or recommendations. It has always worked in Florida because broad support of legal and non-legal communities.
Now he talks about Kathy's background. Nice remarks about her.
2:22 Sen. Rubio: Kathy went to Duke and "more impressively" UM. More background and awards. Respect of peers. Shout out to CJA committee.
2:25 Sen. Schumer then discusses other nominees. They took Kathy first because Sen. Rubio and Nelson had "pressing business" in the Senate. Schumer said Nominee Halligan won 2 and lost 2 cases in Supreme Court, which shows she is balanced. Grassley quips that she has a better record than the 9th.
3:12 Still on the DC Circuit nominee.
3:21 Okay, on to Kathy! She thanks committee and Florida senators. Also former Florida senators. Thanks family with her. Colleagues. Office peeps. Says her office is back home "multitasking." "The love of her life Mike Mullaney." Her dad, William Williams. Still watching her. Beautiful intro remarks.
Sen. Coons asks KMW about her judicial philosophy: Fair and impartial arbiter. Treat everyone w dignity and respect. Listen well to all parties. Apply law to achieve just resolution.
Coons now asks how being a PD got her ready to be a judge: entire career in fed courts. Will help her substantively and in administration of justice.
Grassley: quotes her speech before federal bar in 2005 re death penalty and foreign law. Kathy says no to using foreign law in applying constitution and says she was trying to provoke thought.
Grassley: Speech before ACLU in 2003 re secret proceedings and evidence. And another speech in 2008 re indefinite detention. Kathy responds with the law from Supreme Court. Also says she would have to recuse in a terrorism case because of Mike Mullaney being chief of anti-terrorism division. Grassley says what about in 20 years. Kathy says she will apply the law.
Coons: what deference would you give to sentencing guidelines? K: start w accurate calculations to guidelines. Would do that in sentencing defendants.
3:50 done! Kathy did awesome!
Tuesday, February 01, 2011
Great events
This Thursday, February 3, from 11:30-1:30 in Courtroom 13-3, the SDFLA will be having an unveiling ceremony for a Black History Exhibit called: "Milestones: A Legal Odyssey."
Later this month there will be a civil rights panel discussion and reception on February 23 from 4-6 pm in the jury room (5th floor), moderated by Professor Charles Ogletree.
You can RSVP at 305-523-5905.
Good stuff.
Later this month there will be a civil rights panel discussion and reception on February 23 from 4-6 pm in the jury room (5th floor), moderated by Professor Charles Ogletree.
You can RSVP at 305-523-5905.
Good stuff.
Monday, January 31, 2011
John Pacenti knocks it out of the park
He's got two interesting stories in the DBR this morning:
1) Lew Freeman's emails from prison and 2) the age of our district's judges.
Here's a part of the Freeman article:
Other reports from Freeman dispel any notion of a "Club Fed" where white collar criminals enjoy the comforts of home.
He spins a story of when 11 "new spa members" showed up late one night and there was a shortage of mattresses. Inmates learned there were 300 new mattresses at the prison storage but couldn't be touched because they were to be used in case of a hurricane.
The temperature in the prison also fluctuates wildly, he relates. A cold snap in the fall was made even more brutal for inmates by an air conditioner still blowing. Freeman said he bought a wool cap for five tunas and another inmate loaned him a long-sleeved shirt.
"I was petrified of waking up one morning and urinating ice cubes from the freezing," he said.
Then when temperatures returned to normal, the air conditioning unit broke, and Freeman said he stripped down to a T-shirt and shorts at night to stay cool.
He also relates a time when three urinals broke and the hot water was turned off forcing inmates to take cold showers.
"If you wanted a warm shower it was up to you to supply it. No I didn't pee in (the) shower," he wrote.
Freeman spins a lot of bathroom humor. Not a big change from his days on the outside. He revels in the fact that there are private shower stalls, but adds he doesn't think he's in too much danger if he drops the soap: "I am too old and undesirable to this population."
And the age issue article has some interesting comments from our judges. Here's Judge King:
King didn't shy away from the issue. In a 45-minute interview, he talked about telling fellow judges and established attorneys in the community — the old lions of the bar, as he calls them — to alert him or Moreno if he starts to slip. King was articulate and entertaining. He said he takes no medication and seemed chagrined that he had to run to the eye doctor to update his eyeglass prescription.
King, who has been on the bench 40 years, still routinely travels to Key West for trials in the southernmost point of the district and is overseeing multidistrict litigation involving debit card fees. He still does some things old school. He will not sign an order electronically and keeps a paper printout docket of all the cases before him on the corner of his desk.
The judge said he also watches how his rulings hold up on appeal. He said if he is only reversed a couple of times a year among the numerous decisions he makes, he believes he still has what it takes to keep on the bench.
King said another reason judges don't readily retire is because they see the position as a calling.
"The philosophy is that this is sort of like becoming a priest or a rabbi or a minister," he said. "It is a life commitment."
Judge Moreno has a good quote: "Getting older, as in many things, is a good thing. Judges are like good wine, the older they get, the better they get."
1) Lew Freeman's emails from prison and 2) the age of our district's judges.
Here's a part of the Freeman article:
Other reports from Freeman dispel any notion of a "Club Fed" where white collar criminals enjoy the comforts of home.
He spins a story of when 11 "new spa members" showed up late one night and there was a shortage of mattresses. Inmates learned there were 300 new mattresses at the prison storage but couldn't be touched because they were to be used in case of a hurricane.
The temperature in the prison also fluctuates wildly, he relates. A cold snap in the fall was made even more brutal for inmates by an air conditioner still blowing. Freeman said he bought a wool cap for five tunas and another inmate loaned him a long-sleeved shirt.
"I was petrified of waking up one morning and urinating ice cubes from the freezing," he said.
Then when temperatures returned to normal, the air conditioning unit broke, and Freeman said he stripped down to a T-shirt and shorts at night to stay cool.
He also relates a time when three urinals broke and the hot water was turned off forcing inmates to take cold showers.
"If you wanted a warm shower it was up to you to supply it. No I didn't pee in (the) shower," he wrote.
Freeman spins a lot of bathroom humor. Not a big change from his days on the outside. He revels in the fact that there are private shower stalls, but adds he doesn't think he's in too much danger if he drops the soap: "I am too old and undesirable to this population."
And the age issue article has some interesting comments from our judges. Here's Judge King:
King didn't shy away from the issue. In a 45-minute interview, he talked about telling fellow judges and established attorneys in the community — the old lions of the bar, as he calls them — to alert him or Moreno if he starts to slip. King was articulate and entertaining. He said he takes no medication and seemed chagrined that he had to run to the eye doctor to update his eyeglass prescription.
King, who has been on the bench 40 years, still routinely travels to Key West for trials in the southernmost point of the district and is overseeing multidistrict litigation involving debit card fees. He still does some things old school. He will not sign an order electronically and keeps a paper printout docket of all the cases before him on the corner of his desk.
The judge said he also watches how his rulings hold up on appeal. He said if he is only reversed a couple of times a year among the numerous decisions he makes, he believes he still has what it takes to keep on the bench.
King said another reason judges don't readily retire is because they see the position as a calling.
"The philosophy is that this is sort of like becoming a priest or a rabbi or a minister," he said. "It is a life commitment."
Judge Moreno has a good quote: "Getting older, as in many things, is a good thing. Judges are like good wine, the older they get, the better they get."
Saturday, January 29, 2011
Judge Cohn sentences Larry Wilcox to probation
Whew. Jon Baker made many enemies over the years with all of his arrests, so it wouldn't have been easy in jail. From CNN:Larry Wilcox, the actor who played Officer Jon Baker on the 1970s TV show "CHiPs," was sentenced Friday to three years probation by a Florida judge for conspiracy to commit securities fraud.
Wilcox pleaded guilty in November and had been cooperating with the authorities, according to court documents. In addition to serving three years of probation, he was ordered to perform 500 hours of community service and pay a $100 fine. Along with Erik Estrada as Officer 'Ponch' Poncherello, Wilcox started in the show about two well-coifed, motorcycle-riding California Highway Patrolmen from 1977-1983.
The Securities and Exchange Commission charged Wilcox in October with paying kickbacks to pension fund managers and brokers to manipulate the volume and price of penny stocks and illegally generate stock sales.
The scheme involved more than a dozen other penny stock promoters and the SEC worked closely with the FBI and authorities in Florida in an investigation that involved "undercover operations."
Wilcox faced a maximum of five years in prison, but Judge James I. Cohn decided he deserved a lighter sentence.
Wilcox pleaded guilty in November and had been cooperating with the authorities, according to court documents. In addition to serving three years of probation, he was ordered to perform 500 hours of community service and pay a $100 fine. Along with Erik Estrada as Officer 'Ponch' Poncherello, Wilcox started in the show about two well-coifed, motorcycle-riding California Highway Patrolmen from 1977-1983.
The Securities and Exchange Commission charged Wilcox in October with paying kickbacks to pension fund managers and brokers to manipulate the volume and price of penny stocks and illegally generate stock sales.
The scheme involved more than a dozen other penny stock promoters and the SEC worked closely with the FBI and authorities in Florida in an investigation that involved "undercover operations."
Wilcox faced a maximum of five years in prison, but Judge James I. Cohn decided he deserved a lighter sentence.
Thursday, January 27, 2011
"The judge wants to see you, Mark."
That's what a deputy U.S. marshal told Mark Steven Phillips when they arrested him today after 30 years on the run. According to the Miami Herald, Phillips responded: "The judge wants to see me from 30 years ago?" Jay Weaver has more:
A key member of the infamous Miami-based Black Tuna Gang, the biggest U.S. marijuana-smuggling operation of its time, was arrested by the U.S. Marshals Service Thursday morning in West Palm Beach -- more than 31 years after he skipped out of a federal trial.
Mark Steven Phillips, 62, was captured in his rented apartment at Century Village, a senior living community where he had been living in recent months, law enforcement officers said.
A key member of the infamous Miami-based Black Tuna Gang, the biggest U.S. marijuana-smuggling operation of its time, was arrested by the U.S. Marshals Service Thursday morning in West Palm Beach -- more than 31 years after he skipped out of a federal trial.
Mark Steven Phillips, 62, was captured in his rented apartment at Century Village, a senior living community where he had been living in recent months, law enforcement officers said.
Does the Constitution Cafe at the federal courthouse...
...serve unpitted or pitted olives? It's an important question. You see, if they serve unpitted olives, people may get hurt:
Dennis Kucinich is suing the Longworth House Office Building cafeteria because of a sandwich.
You want more? The friendly Cleveland congressman filed suit against a number of companies that supply and run the congressional eatery, because in 2008 he bit into a "sandwich wrap" of some kind and hurt his teeth on an olive pit.
According to the suit: "Said sandwich wrap was unwholesome and unfit for human consumption, in that it was represented to contain pitted olives, yet unknown to plaintiff contained an unpitted olive or olives which plaintiff did not reasonably expect to be present in the food prepared for him, and could not visually detect prior to consumption."
Kucinich claims he suffered "serious and permanent dental and oral injuries" and has sustained "other damages as well," including "suffering and loss of enjoyment."
Kucinich seeks $150,000 in damages. Gawker found video of Kucinich talking on the floor of the house five days after Olivegate, and he seems fine, but just as it's inappropriate to suggest that Jay Cutler was faking his injuries because he could briefly ride a bike on the sidelines, we shouldn't assume that Dennis wasn't suffering from an acute loss of enjoyment as he addressed the House.
Oh boy... Maybe this is why Obama hinted at tort reform during the SOTU.
What else do we have this morning?
Dennis Kucinich is suing the Longworth House Office Building cafeteria because of a sandwich.
You want more? The friendly Cleveland congressman filed suit against a number of companies that supply and run the congressional eatery, because in 2008 he bit into a "sandwich wrap" of some kind and hurt his teeth on an olive pit.
According to the suit: "Said sandwich wrap was unwholesome and unfit for human consumption, in that it was represented to contain pitted olives, yet unknown to plaintiff contained an unpitted olive or olives which plaintiff did not reasonably expect to be present in the food prepared for him, and could not visually detect prior to consumption."
Kucinich claims he suffered "serious and permanent dental and oral injuries" and has sustained "other damages as well," including "suffering and loss of enjoyment."
Kucinich seeks $150,000 in damages. Gawker found video of Kucinich talking on the floor of the house five days after Olivegate, and he seems fine, but just as it's inappropriate to suggest that Jay Cutler was faking his injuries because he could briefly ride a bike on the sidelines, we shouldn't assume that Dennis wasn't suffering from an acute loss of enjoyment as he addressed the House.
Oh boy... Maybe this is why Obama hinted at tort reform during the SOTU.
What else do we have this morning?
- Should Justice skip the SOTU? No, says this op-ed.
- How could you think this guy was really an immigration lawyer?
- Some Jon Stewart awesomeness:
The Daily Show With Jon Stewart Mon - Thurs 11p / 10c State of the Union 2011 - Republican Rebuttal Daily Show Full Episodes Political Humor & Satire Blog The Daily Show on Facebook
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