Monday, September 11, 2017

Back at it

Here's hoping everyone came out of the storm okay.  I have no power and limited cell service at home, but the office is operational with power and internet.  Although it's a ghost town, it looks like many of the buildings in downtown Miami have power.  Some are still blocked off though, so you should check first before trekking down here.  If you are coming from the south, US1 is moving along but at many spots, there are no lights and there are trees blocking the road (sometimes making US1 into one lane). 

If you are looking for something to read, check out this opinion by Judge Marcus, which came out just before the storm.  The government finds critical evidence -- a video of the crime -- and discloses it on the morning of trial.  The defense moves for a continuance.  The government does not object.  The district judge decides to go forward with the case.  Conviction affirmed because the court says that the defense cannot show prejudice.  To me, this is simply wrong:
 After closely reviewing the entire record, we cannot say that the trial court abused its discretion in denying Jeri’s motion for a new trial. Although we think it would have been wiser to allow Jeri time to view the video before starting the trial, the tape was not exculpatory and Jeri has not come close to establishing specific and substantial prejudice from this omission. We can discern no other errors in this record, and, therefore, affirm the judgment of the district court.
What effect will "wiser" have on district courts?

Friday, September 08, 2017

Good luck during the storm

Good luck to all during the storm.  I will try to keep up the blog if possible with updates.  Downtown Miami is a ghost town right now.

One 11th Circuit update -- Trump has nominated  Elizabeth Branch to the 11th Circuit for Judge Hull's seat.  She is currently a Georgia state appellate judge.  She is an Emory law grad and clerked for Judge Owen Forrester (N.D. Ga.).

Tuesday, September 05, 2017

Irma

The SDFla courthouses will be closed Thursday and Friday. The award banquets on Thursday night and Saturday night have also been cancelled. Stay safe!

Monday, September 04, 2017

All rise!

As you get ready for Irma... here is your moment of Zen: Judge Sotomayor in her Yankees' robe sitting in "Judge's Chambers":


Friday, September 01, 2017

Legal Awards Season

It's Legal Awards Season in Miami.
The Federal Bar Association has its big gala next Thursday, September 7 at the Four Seasons.  The big award is called "The Ned" after Edward B. Davis.  I have a soft spot for this award because it is named after the judge that I clerked for.  Judge Davis was simply the best.  Besides being an absolute awesome judge, he was a great man.  I am proud that the FBA is awarding this year's Ned to Donald L. Graham.  Judge Davis always loved Judge Graham and would be happy about this.

The Dade County Bar Association is also having its big party on September 9 at the JW Marriott.  The Presidential Award winners are: Sec. of Labor Alex Acosta, Judge Robert Luck, and Judge Lisa Walsh.  The David Dyer Professionalism Award is going to Judge Kathleen Williams, and the Johnnie Ridgely Award is for Judge Beth Bloom.

An all-star cast!