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
After five months of waiting, Georgia Court of Appeals Judge Elizabeth “Lisa” Branch will be moving to the U.S. Court of Appeals for the Eleventh Circuit.
The U.S. Senate confirmed Branch’s appointment Tuesday by a vote of 73-23.
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President Donald Trump nominated Branch to the federal bench in September 2017. When the year closed without a vote, Branch’s nomination was returned to the president at the end of 2017. She was re-nominated in early January. The Senate Judiciary Committee approved her appointment on a bipartisan vote of 19-2 on Jan. 18.
Branch has served as the 77th judge on the Georgia Court of Appeals since Sept. 4, 2012. Previously, she was a partner in the commercial litigation practice group at Smith, Gambrell & Russell in Atlanta, where she began her legal career. Branch served as a senior official in the administration of President George W. Bush as counselor to the administrator of the Office of Information and Regulatory Affairs at the U. S. Office of Management and Budget and as an associate general counsel at the U.S. Department of Homeland Security. Branch graduated from Davidson College and received her law degree from Emory University.
Congrats to our newest Magistrate Judge, Lauren Louis, who was officially sworn in last Friday. Here's the link to the information on the court's brand new website, which looks much nicer and more streamlined.The many descriptions bestowed on Fane Lozman over the years include political gadfly, relentless opponent of public corruption, and bored rich guy always spoiling for a fight.
If every town has a you-can’t-shut-me-up activist who second-guesses council members and dominates the public comments portions of meetings, few have elevated the art like Lozman. He has offered a $50,000 reward for dirt on local politicians and taunted them at a ribbon-cutting with an airplane flying overhead. “Adios,” said the banner that called the council corrupt.
So remarkable are his battles with the political leaders of this town of 35,000 people that they have drawn the attention of the U.S. Supreme Court.
Not once, but twice.
The latest rendition of Lozman v. City of Riviera Beach has grown from a ham-handed attempt to cut him off at a city council meeting into a major free-speech showdown that will have nationwide implications for citizens arrested — as Lozman was — by government officials they criticize. The court will hear arguments in the case Tuesday.
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The first time Lozman and the city met at the Supreme Court, the justices reviewed Lozman’s claim that Riviera Beach had improperly used federal admiralty law to seize (and later destroy) his two-story, plywood-and-French-doors houseboat, moored at the city marina. The court ruled 7-to-2 against the city, saying Lozman’s houseboat was more house than boat.
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At issue is Lozman’s arrest at a city council meeting in November 2006.
Fane Lozman’s home floating in the waters near North Bay Village, Fla., in 2014. (J Pat Carter/Associated Press)
During the public comments portion of the meeting, Lozman began to use his three minutes to talk about his favorite subject: corruption in Palm Beach County, where Riviera Beach is located.
Wade, who was presiding at the meeting, immediately stopped him. If he continued to rant about a county official at the meeting of the city council, she warned, he would be arrested.
He refused, adding: “I have a right to make my public comment.”
“Carry him out,” Wade told a police officer. Lozman was led away in handcuffs and spent hours in jail. The episode can be seen on YouTube.
More than 11 years later, there have been dropped charges and court hearings, a 19-day federal trial in which Lozman served as his own attorney and a return trip to the appeals court in Atlanta that ruled against him in the houseboat case.
This time at the Supreme Court, Lozman is supported by First Amendment organizations, the American Civil Liberties Union and a coalition of media organizations who say Lozman’s fight is especially important at a time when protests of government policies are on the rise and government officials are geared up to shut them down.
The city of Riviera Beach, meanwhile, is backed by the Trump administration, the District of Columbia and 10 states who say that showing there was probable cause for an arrest — as a jury found in Lozman’s case — should be the end of a retaliatory arrest claim.
Patrick Heard appeals his conviction for possession of a firearm by a convicted felon under 18 U.S.C. §§ 922(g) and 924(a)(2). After careful review, with the benefit of oral argument, we conclude that the officers who arrested Heard lacked reasonable suspicion to conduct a Terry1 stop. Because his motion to suppress should have been granted, we vacate Heard’s conviction and remand for further proceedings consistent with this opinion.
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Bisker parked his car and approached Heard. Bisker asked Heard whether he had heard gunshots; Heard said that he had and indicated that the gunshots came from the woods behind him. Bisker asked Heard for identification, and Heard provided him with ID. Heard’s identification did not confirm that he lived within the apartment complex,4 so Bisker asked where Heard lived. Heard said that his mother lived there and pointed to the apartment building closest to where he was standing with his small dog. Bisker believed this response to be “a little defensive” and an indirect answer to his question. Doc. 69 at 20. Bisker then asked Heard for his mother’s apartment number, and Heard did not provide a number.5 Bisker observed that Heard was swaying slightly. Based on his swaying and “overall demeanor,” Bisker thought “possibly [Heard] . . . wasn’t supposed to be there.” Id. at 20-21. At some point during the brief conversation Heard told Bisker he was there to walk his dog.
