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
Thursday, October 20, 2005
State of the Blog
A reminder -- tonight at Greenberg Traurig's office is the American Constitution Society event discussing the Cuban Spy opinion by the 11th Circuit. It should be a great and lively discussion. Will write about it tonight...
Wednesday, October 19, 2005
Monday, October 17, 2005
First Roberts' Court opinion
A bit of trivia: For whom did the Roberts' Court rule in its historic first published opinion? It ruled in favor of convicted murderer Paul Allen Dye, who sought a writ of habeas corpus based on prosecutorial misconduct. Check out Dye v. Hofbauer, 526 U.S. ___ (2005) (per curiam) here.
Sunday, October 16, 2005
Cuban spy panel discussion
Wednesday, October 12, 2005
News and notes
Tuesday, October 11, 2005
Bond for alleged Katrina scammer
Monday, October 10, 2005
A Love That Was Benched by Their Careers
Increase in criminal case filings
Friday, October 07, 2005
Brillant acquittal
Bush taps SDFLA for state bench
Thursday, October 06, 2005
More Judges?
Hat tip to Brian Tannebaum:
BILL CALLS FOR MORE FEDERAL JUDGES FOR FLORIDA-- Ft. Myers News-Press,
http://www.news-press.com, October 6, 2005.
U.S. Rep. Katherine Harris today [Oct. 6] joined U.S. Rep. Ileana Ros-Lehtinen to announce legislation to authorize additional federal judgeships for Florida. Harris and Ros-Lehtinen introduced the Judgeships for Justice Act, H.R. 3953, to provide resources to address a growing need for additional judicial representation. Currently, weighted case filings per judgeship in Florida's Middle District are 47.7% above the standard set by The Judicial Conference of the United States; and in the Southern District, 19.3% above the standard. Prosecutions of fraud, drugs, firearms and immigration are putting a strain on the administration of justice in
Florida. Based on this workload data, in its most recent report the conference recommended the creation of seven permanent, and one temporary federal judgeships for Florida.
Applicants for U.S. Attorney
Tuesday, October 04, 2005
Hurry up and wait!
Ya’ll want me to stop?! Hurry up and wait!
Ya’ll want me shot?! Hurry up and wait!
Ya’ll hurry up and wait! Ya’ll hurry up and wait!
I’ve been brought up,
By street cats who didn’t get caught up
Like that New Jack Nino Brown at da Carter
I’m da new Tony Montana, only I’m just aLittle bit smarter!
-- Pitbull, Hurry up and Wait
Well, if you haven't gotten your fill of Pitbull, read this Herald article, which details:
Pitbull fans may have a new CD to put on their Dear Santa list this upcoming holiday season. A Miami judge has found that Slip-N-Slide Records can release an album of the Cuban-American rapper's old tracks that his current label, TVT Records, sought to block. In a 26-page opinion, U.S. District Court Magistrate Stephen Brown said Miami-based Slip-N-Slide has the right to issue the LP Welcome to the 305 as long as it affixes a sticker to it stating ``contains previously unreleased material.'' ''We couldn't be happier,'' said Slip-N-Slide attorney Richard C. Wolfe. "We think the
judge absolutely understood this case.''
In other news, the U.S. Attorney's Office is fighting internet fraud re Hurricane Katrina. Gary Kraser has been arrested for his website, www.AirKatrina.com.
And the office filed its petition asking for rehearing in the 11th on the Cuban Spy Case.
Monday, October 03, 2005
No Floridian
UPDATE -- Some, like Tom Goldstein, are already predicting that she will not be confirmed. I tend to agree, especially because she will be compared to the super-smart, well-qualified Roberts, who was a no-brainer.
Sunday, October 02, 2005
New Justice and New Term
Friday, September 30, 2005
Ruling in the Scripps case
Thursday, September 29, 2005
Comments!
Wednesday, September 28, 2005
Breaking news
UPDATE: When it rains, it pours. Here is more breaking news -- the government has decided to ask for rehearing on the Cuban Spy decision. Here is the press release they sent out today: "Today, United States Attorney R. Alexander Acosta and the members of the trial team in United States v. Camp, submitted to the EleventhCircuit Court of Appeals a Petition requesting that all twelve activejudges of the Eleventh Circuit Court of Appeals rehear that case. The Petition respecfully expresses a belief, based on a reasoned and studied professional judgment, that the panel decision in this case is contrary tothe decisions of the Supreme Court of the United States and of the EleventhCircuit, and that consideration by the full Court is necessary to secureand maintain uniformity of decisions in the Eleventh Circuit." The press release was emailed to every news outlet in Miami, even though the brief has not even been filed yet in the 11th Circuit.
Answer to trivia
Tuesday, September 27, 2005
Slow blogging & Trivia
In the meantime, Richard B. Rosenthal has emailed me this trivia question, which I reproduce here. Answer to follow in the next couple of days, but use the comment section if you wanna take a guess: Who is the youngest person ever appointed to the federal judiciary, what President appointed him or her, and on what court did he or she serve?
Monday, September 26, 2005
New District Probation Officer
From: Jack Bauer
To: domarkus@hotmail.com
Sent: Monday, September 26, 2005 8:14 PM
Subject: New CUSPO
I write on behalf of Chief Judge Zloch to announce that the Court’s Judges selected Reginald D. Michael to be the District’s next Chief Probation Officer. Mr. Michael will succeed incumbent Chief Frank Schwartz when he retires later this year, and his official starting date has not yet been established. Mr. Michael earned a Bachelor of Arts Degree in Criminal Justice from Northeast Louisiana University and his experience in the federal probation and pretrial services system has spanned over 18 years. Mr. Michael comes to us from the U.S. Probation Office in the District of Nevada where he currently serves as the Deputy Chief U. S. Probation Officer. He formerly served as a U.S. Probation Officer and Supervising Officer in the Southern District of New York, as a Probation and Pretrial Services Administrator with the Administrative Office, and as Chief of Program Review for Probation and Pretrial Services at the Administrative Office. Mr. Michael possesses a solid background in probation and pretrial services and strong management, leadership and interpersonal skills. The District’s Judges believe Mr. Michael will make an excellent addition to the Probation Unit and that he will prove to be an effective leader within the District and within the federal probation community.
Sunday, September 25, 2005
News and notes
2. WHOOPS! In the well-publicized drug prosecution of Evintz Brillant, the government's star witness picked out Justice Department attorney Thomas Pinder when asked to identify the defendant. Assistant U.S. Attorney David Weinstein quickly recovered and asked the witness to stand up and look around the courtroom for Brillant. ''I made a mistake,'' he said. "He's sitting right there, wearing a blue shirt.''
Friday, September 23, 2005
Gilberto Rodriguez-Orejuela to get free lawyer
Thursday, September 22, 2005
Judiciary Committee votes 13-5 in favor of Roberts
Yes: Specter (R), Hatch (R), Grassley (R), Kyl (R), DeWine (R), Sessions (R), Leahy (D), Kohl (D), Feingold (D), Graham (R), Cornyn (R), Brownback (R), and Coburn (R)
No: (All Democrats) Kennedy, Biden, Feinstein, Schumer, and Durbin.
Professor Ronald Dworkin begins a recent essay about the Committee's confirmation hearings as follows: "Almost every recorded political statement John Roberts has made throughout his life, from adolescence to his nomination as chief justice, suggests that he has strong conservative political convictions and instincts, and many people naturally fear that he will use his great power on the Supreme Court in the service of his politics. He promised that he would not, but the Senate Judiciary Committee should have been more effective than it was in testing that promise. In fact it failed dramatically in its responsibility to do so." Here is the entire essay.
Top Aristede drug cop passed DEA polygraph
Now, the government does not want the jury to hear this evidence. Judge Cooke will decide by Friday.
The Herald quotes Brillant's attorney, Howard Schumacher, as saying that he only learned last week from prosecutors that his client had taken the polygraph. This case has been pending for months, why did the government only disclose this evidence on the eve of trial?
Wednesday, September 21, 2005
The Porn Wars
Tuesday, September 20, 2005
Trials and Rita
A bunch of trials were delayed this week due to Rita. I was supposed to start trial on Wednesday; now I'll start on Thursday. In a more publicized case, The Herald reported that: "Jury selection is scheduled to begin later this week in the case against Evintz Brillant, the only one of four former senior Haitian police officials who has not pleaded guilty in the investigation of drug trafficking inside the Aristide government. . . . The trial's scheduled Monday start before U.S. District Judge Marcia Cooke was delayed a few days by the approach of Tropical Storm Rita."
Good luck with the storm today everyone.
Monday, September 19, 2005
Rita
Federal District Court Operations and Tropical Storm Rita
Chief United States District Judge William J. Zloch directed that United States District Court operations in all divisions be closed at 3:00 P.M. today and remain closed on Tuesday, September 20, 2005 due to wind and rain conditions anticipated to develop with the approach of Tropical Storm Rita. These closures affect the District Court’s operations in Key West, Miami, Fort Lauderdale, West Palm Beach and Fort Pierce. Federal courthouses in these locations will
be closed to the public, and jurors have been or soon will be instructed to call in for further reporting instructions. The United States Bankruptcy Court is also closed. Court staff are free to leave at 3:00 P.M. today and are instructed not to report for work on Tuesday. Federal court operations will resume at the regular time in all Divisions on Wednesday, September 21 . All staff should report for work at that time. Please check the Court’s website at www.flsd.uscourts.gov for changes to these instructions.
Friday, September 16, 2005
News and notes
2. Judge Cooke denied a motion to move two accused terrorists out of the special housing unit of the federal detention center today because prosecutors said they could continue spreading Muslim extremism if allowed into the regular jail population. The Herald article is here.
Samuel I. Burstyn to plead guilty
Thursday, September 15, 2005
Another crash
Wednesday, September 14, 2005
Southern District Crash
Union officials indicted
I wonder if the timing of the indictment is related to the resumption of the National Hockey League's schedule next month.
Internationalism
Should the Supreme Court survey or take into account international law when deciding an issue as Justice Kennedy believes? Or should the Court disregard international law as Judge Roberts apparently believes?
Tuesday, September 13, 2005
Judge Roberts
UPDATE -- Just came across this Dahlia Lithwick article about the hearings. For my money, this was the most entertaining article I've read.
Monday, September 12, 2005
John Roberts' hearings
Friday, September 09, 2005
No charges for DeFede
UPDATE -- Professor Froomkin over at his blog actually takes the position that the State's decision not to charge supports his position that DeFede commited a crime. He bases his argument on the prosecutor's statement that the "uniqueness of the tragic circumstances" led to the conclusion not to prosecute, not any "special journalistic privilege or legal exception accorded to Mr. DeFede." Anyone buying?
New Ft. Lauderdale courthouse?
Wednesday, September 07, 2005
Still no lawyer for Orejuela
Disclosure -- I am the representative for the CJA panel for the Southern District of Florida.
Tuesday, September 06, 2005
Vacation over...
1. Steel Hector is no more. It has been gobbled up by Squire Sanders. I originally posted about this here. Steel had lots of trouble lately, but this is a sad close to a law firm with lots of Miami history.
2. Apparently there will be a charging decision soon with Jim DeFede. I'm not sure what they are waiting for, but we'll know soon. Prof. Froomkin and I debated whether DeFede's actions were legal here and here.
DEA agent "incurs judge's wrath"
Bush nominates John Roberts for Chief Justice
Chief Justice Rehnquist
Sunday, September 04, 2005
In Memory of Chief Justice William Rehnquist
Friday, September 02, 2005
"Meth kills"
*Back in the early days of the public service announcement (in the late 60's), the Do It Now Foundation convinced Jim Morrison of the Doors to tape an anti-drug ad for their "Speed Kills" radio campaign. Frank Zappa made a splash with an equally ominous spot warning listeners that "In general, this drug will make you just like your mother and father."
Thursday, September 01, 2005
Bananas!
Law.com reports that Judge James Hill (from the 11th Circuit) is not happy with the rule in the 11th Circuit that says that if an argument is not raised in an appellant's initial brief, then it is forever waived -- EVEN IF the Supreme Court changes the law after you have filed your initial brief. I have written about this rule before and have a cert petition pending in the Supreme Court challenging the rule. Here is Judge Hill on the issue: "The Bordons should have claimed relief under Booker -- before Booker was decided! For this precedent I am sorry. Stare decisis is an important doctrine, but I trust that, from time to time, it might be tempered with fiat justitia ruat coelum." (The last four words, from Latin, mean "Let justice be done though the heavens may fall" and are the motto of the Supreme Court of Georgia.) Contrasting the 11th Circuit with other appeals courts that have allowed broader application of Booker, Hill wrote, "I should like to think that a court would want to correct an erroneous sentencing of incarceration -- if an efficient and prudential method could be devised to do so. We must feel that we cannot. Yet, the other circuits in this country seem to be doing so -- and surviving!"
BTW, I am going on vacation to North Carolina tomorrow and may be without access to the internet. If so, and if I can't get my co-blogger (anon) to turn on his computer, then it may be a little quiet until next Wednesday.
Wednesday, August 31, 2005
Abramoff trial date
Tuesday, August 30, 2005
More Abramoff news...
Monday, August 29, 2005
Back on-line... (UPDATED)
1. Jay Weaver reports that "The attorney representing Gilberto Rodriguez Orejuela -- founder of the Cali cartel, which once supplied 80 percent of all the cocaine on U.S. streets -- wants a federal judge to let him withdraw from the case because of the great risk of accepting potentially tainted legal fees from his client. Today, Jose Quiñon will ask U.S. District Judge Federico Moreno for permission to step aside as the Colombian's lawyer because he does not have ''sufficient comfort to proceed with the representation,'' according to court papers.
The judge is likely to assign Rodriguez Orejuela's costly defense to a court-appointed lawyer who would be paid by the U.S. government -- a right normally reserved for poor defendants who cannot afford their own lawyer." The government has really put Quinon and Judge Moreno in a pickle. Of course, the CJA panel is not meant to provide legal services to Gilberto Orejuela. But what is the lawyer or the judge to do? This case really demonstrates the power the government has to keep a presumed innocent defendant from having the lawyer of his choice.
UPDATE-- Judge Moreno let Jose Quinon off the case. See coverage here. Orejuela has until next Wednesday to find a lawyer. If not, a CJA lawyer will be appointed. Stay tuned...
2. Julie Kay reports that the new U.S. Attorney has placed a priority on prosecuting pornography. Not terrorism. Not violent crime. Not drugs. Not white collar crime. Not CHILD pornography. But consenting adult pornography. Can this really be true? Here's some highlights from the article: "When FBI supervisors in Miami met with new interim U.S. Attorney Alex Acosta last month, they wondered what the top enforcement priority for Acosta and Attorney General Alberto Gonzales would be. Would it be terrorism? Organized crime? Narcotics trafficking? Immigration? Or maybe public corruption? The agents were stunned to learn that a top prosecutorial priority of Acosta and the Department of Justice was none of the above. Instead, Acosta told them, it’s obscenity. Not pornography involving children, but pornographic material featuring consenting adults. Acosta’s stated goal of prosecuting distributors of adult porn has angered federal and local law enforcement officials, as well as prosecutors in his own office. They say there are far more important issues in a high-crime area like South Florida, which is an international hub at risk for terrorism, money laundering and other dangerous activities. His own prosecutors have warned Acosta that prioritizing adult porn would reduce resources for prosecuting other crimes, including porn involving children. According to high-level sources who did not want to be identified, Acosta has assigned prosecutors porn cases over their objections."
Thursday, August 25, 2005
News and notes
1. Fascinating article in the Business Review today about how e-mail is being used as a weapon against a corporate defendant in a contract dispute. John O'Sullivan and Jason Kellogg of Akerman Senterfitt are the lawyers for Quantum Communications and have dug up the e-mails that apparently sink defendant Ronald Hale. The case is in front of Judge Martinez. The DBR explained Judge Martinez's reaction when the defendant said he couldn't recall the e-mail: "Judge Martinez, a former prosecutor, did not buy that the dates of the negotiations slipped Hale’s memory. At the Aug. 3 hearing, he likened it to his days as a prosecutor, when he asked a witness if he was on an airplane that crashed in the Colombian jungle with 4,000 pounds of narcotics on it, and the witness said he could not remember. “That’s like telling me you’re asked have any of your children ever died a violent death, and you say, ‘I don’t really remember,’ ” Martinez said from the bench. Days later, Martinez granted the preliminary injunction for Qantum."
2. Eligio Perez, a former Customs Inspector at Miami International Airport, pled guilty yesterday before United States District Court Judge Federico Moreno in federal court in Miami to a criminal indictment charging him with disclosure of confidential government information, in violation of Title 18, United States Code, Section 1905. Under the terms of the plea agreement, Perez agreed to immediately resign from his federal employment and agreed not to seek any other federal or state law enforcement employment. Perez is scheduled to be sentenced on November 2, 2005. Case was prosecuted by Daniel Fridman.
3. Finally, the JNC is accepting applications for U.S. Attorney in this District. The deadline is October 3. Should I apply?