CJA hearings in Miami conclude

Celia Ampel for the DBR covers it here:

Lawyers appointed to represent federal defendants who can't afford an attorney sometimes have trouble securing expert witnesses, wading through voluminous e-discovery and persuading judges to approve their expenses, according to testimony at a public hearing Monday and Tuesday in Miami.
The Criminal Justice Act, which provides a system for compensating those attorneys, is under a two-year review by a committee appointed by U.S. Supreme Court Chief Justice John Roberts. The committee's stop at the Wilkie D. Ferguson Jr. U.S. Courthouse was the second of seven hearings in cities from Portland, Oregon, to Philadelphia.
Attorneys and judges from across the Southeastern U.S. testified at the hearing, including the Southern District of Florida's Federal Public Defender Michael Caruso, U.S. Attorney Wifredo Ferrer and U.S. District Judges Robert Scola Jr., Donald Graham and Kathleen Williams.
The committee questioned the witnesses on whether the authority to approve CJA panel attorney compensation should rest with the judiciary, the public defender's office or an independent body. The group also discussed the challenges of e-discovery.

***

But regardless of their independence, CJA panel attorneys have far fewer resources than federal defenders and the U.S. attorney's office, lawyers testified.
That inequality extends to discovery, which in a multidefendant case can amount to three terabytes of data — or 6,000 filing cabinets of documents, Caruso said.
"You can imagine the CJA lawyer who's a solo practitioner trying to make sense of 6,000 filing cabinets," particularly in a trial-heavy and fast-paced district like the Southern District of Florida, he said.

Judge Graham was really strong on this point saying that prosecutors should be required to hand over hot documents to defense lawyers as a matter of proportionality and basic fairness.  Seems like a no-brainer.

Florida Death Penalty found unconstitutional

The case, 8-1 per Justice Sotomayor, is Hurst v. Florida:

A Florida jury convicted Timothy Lee Hurst of murdering his co-worker, Cynthia Harrison. A penalty-phase jury recommended that Hurst’s judge impose a death sentence. Notwithstanding this recommendation, Florida law required the judge to hold a separate hearing and determine whether sufficient aggravating circumstances existed to justify imposing the death penalty. The judge so found and sentenced Hurst to death.

We hold this sentencing scheme unconstitutional. The Sixth Amendment requires a jury, not a judge, to find each fact necessary to impose a sentence of death. A jury’s mere recommendation is not enough.

Kudos to Judge Jose Martinez who was way ahead of this issue and found Florida's scheme unconstitutional many years ago.

"Not many people want to be locked up in a federal penitentiary serving a life sentence." (UPDATED)

But Harlan Salmona does, according to this opinion by Chief Judge Carnes.  The intro:

Not many people want to be locked up in a federal penitentiary serving a life sentence. Harlan Salmona does because it beats the alternative, which is being locked up in a state penitentiary that he believes is less safe. The problem for Salmona is that his life sentence was imposed by a Florida state court, not by a federal court. Salmona claims that because of a promise made to him by the United States Attorney’s Office in a long ago plea agreement the federal government is required to get him transferred from state to federal custody for the remainder of his state sentence. This is his appeal from the district court’s order denying his “Motion to Compel Compliance” with that plea agreement.

The conclusion:

Because the district court lacked subject matter jurisdiction over Salmona’s claim, its judgment is VACATED and the case is REMANDED with instructions to dismiss for lack of jurisdiction.

UPDATE -- from a tipster: The back story on him is fascinating. He is ex U.S. Coast Guard who was arrested by Feds for drug smuggling. He then decided to work off his case by informing on the marijuana organization he worked with. The Government indicted members of the organization based upon the anticipated testimony of Salmona and another informant.  Salmona then murdered the other Government informant in order to enhance his importance to the Government and become the sole key witness.  His state sentence of life was for that murder.

Meantime, it's CJA day at the federal courthouse.  Here's the live-stream of the committee hearings if you are interested.

The district bench is losing one of its stars

Judge John Gleeson is leaving the EDNY bench to go into private practice.  A huge bummer.  He was one of the best judges we had.  We wasn't afraid to rule against the government.  He wasn't afraid to do what was right.  And he wasn't afraid to write opinions explaining his reasoning.  We need more like him.

From the NY Law Journal:

Eastern District Judge John Gleeson is stepping down from the bench after more than 20 years to practice law.
In an email sent Monday to fellow judges, magistrate judges, bankruptcy judges and others, Gleeson wrote, "as difficult as it is to leave the work I love and the colleagues I love, this is the right decision for me and my family."
The email did not give specifics on his next move but said he would be leaving on March 9. The judge, through his chambers, declined to comment Monday.
...
As a judge, Gleeson has been vocal in his rulings about matters like sentencing law and judicial discretion.

"[T]he singer in “Margaritaville”—seemingly far from suffering embarrassment over his tattoo—considers it “a real beauty.”

That was the 11th Circuit last week in Buehrle v. Key West.  The whole footnote:

Jimmy Buffett’s song “Margaritaville” was referenced twice in the record, once by Mr. Craig in his deposition and once by the City’s attorney in oral argument before the district court, to support the claim that inebriated tourists are likely to get and then regret tattoos if more tattoo establishments operate in the historic district. But the singer in “Margaritaville”—seemingly far from suffering embarrassment over his tattoo—considers it “a real beauty.” Jimmy Buffett, “Margaritaville,” on Songs You Know by Heart (Geffen Records 1985).

Here's the intro to the opinion by Judge Jill Pryor:

The City of Key West, Florida has barred Brad Buehrle from opening a tattoo establishment in the City’s designated historic district, pursuant to an Case: 14-15354 Date Filed: 12/29/2015 Page: 1 of 14 2 ordinance strictly limiting the number of tattoo establishments permitted to operate there. Mr. Buehrle contends that the act of tattooing is entitled to First Amendment protection and that the ordinance is an unconstitutional restriction on his freedom of expression. The district court granted summary judgment to the City, agreeing with Mr. Buehrle that tattooing constitutes artistic expression protected by the First Amendment but nevertheless finding the ordinance to be a reasonable time, place, and manner restriction. We agree with the district court’s conclusion that tattooing is protected artistic expression, but we reverse the summary judgment because, on the record before us, the City has failed to show that the ordinance is a reasonable time, place, and manner restriction.

The AP covered the case here:

A Virginia man who wants to open up a tattoo parlor in Key West can thank Jimmy Buffett's "Margaritaville" for helping him with his latest court case.
City officials twice referenced the song in opposition to Brad Buehrle's proposal for a new tattoo shop, saying drunken tourists would be more likely to get tattoos and then regret it if more ink shops were open in Key West's historic district.
But the 11th Circuit Court of Appeals said the city misunderstood the song lyrics in which the languorous narrator reflects on a brand new tattoo - but how the "Mexican cutie" got there, "I haven't a clue."
The judges wrote in a footnote to their ruling that the character in the song deems his new tattoo "a real beauty" and seems far from embarrassed about it.
The appeals court ruled last week that the city failed to show that more tattoo shops would erode the historic district's "character and fabric," The Key West Citizen (http://bit.ly/1R73FIK) reported.
According to the ruling, the city feared that "rash tourists will obtain regrettable tattoos, leading to negative association with Key West."