tag:blogger.com,1999:blog-9615048.post6750406400974861466..comments2024-03-28T22:42:40.503-04:00Comments on Southern District of Florida Blog: Major opinion from the 11th Circuit on structural errorDavid Oscar Markushttp://www.blogger.com/profile/18386723948607633980noreply@blogger.comBlogger13125tag:blogger.com,1999:blog-9615048.post-77228789029498482622014-08-08T09:27:43.554-04:002014-08-08T09:27:43.554-04:00Don't the CRDs have the responsibility to advi...Don't the CRDs have the responsibility to advise the Judges whether all attorneys are present? Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-9615048.post-35544501080456847982014-08-08T08:40:24.005-04:002014-08-08T08:40:24.005-04:00This is nothing new. Federal judges are outright ...This is nothing new. Federal judges are outright hostile to lawyers. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-9615048.post-64517009947162829432014-08-07T21:05:25.992-04:002014-08-07T21:05:25.992-04:00When he writes the opinion, he is the worst in ter...When he writes the opinion, he is the worst in terms of making light if a defendant, when he looses, sour grapes.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-9615048.post-85616385024978082622014-08-07T13:23:05.996-04:002014-08-07T13:23:05.996-04:00By the way, this is a good example of dos and don&...By the way, this is a good example of dos and don'ts of legal writing -- or of any persuasive writing, for that matter. In the main, Carnes is an exceptional writer. And he so happens to be correct in this case. But his dissent, contrary to the majority's characterization, is actually not as "forceful" as it could be, precisely because of his discussion of the defense attorney. It adds little to the principal points he makes, and, as the comments herein show, clearly has put people off. That's not the way to persaude others to join your side.P. Guyotatnoreply@blogger.comtag:blogger.com,1999:blog-9615048.post-36020401379812328842014-08-07T11:05:00.504-04:002014-08-07T11:05:00.504-04:00agree with Carnes on the result/outcome. But to m...agree with Carnes on the result/outcome. But to malign crim defense lawyers (of which I am clearly not one) like this is breathtaking and said. Really does reenforce, for all his brilliance, how biased Carnes is as alluded to by others above. As if this one seven minute jaunt to help out a client would ever be planned like this, or successful for that matter. The trial judge (our new chief judge by he way) deserved the snark and contempt (to the extent any of that was warranted at all). Not the defense lawyer, and the client, who were the victims of a robitis attack.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-9615048.post-11337532587201420592014-08-07T09:49:44.387-04:002014-08-07T09:49:44.387-04:00So much for civility. Lawyers will defraud the co...So much for civility. Lawyers will defraud the court for the benefit of their clients. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-9615048.post-41129989407092542612014-08-07T05:51:02.405-04:002014-08-07T05:51:02.405-04:00Criminal defense lawyers are scumbags. Message re...Criminal defense lawyers are scumbags. Message received chief. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-9615048.post-13051992168512774932014-08-06T17:32:21.404-04:002014-08-06T17:32:21.404-04:00It's no coincidence that Carnes routinely mali...It's no coincidence that Carnes routinely maligns private lawyers(or more accurately, any lawyer who is not a prosecutor) by accusing them of unethical conduct or shafting them on fee requests. He never served a day in private practice, never represented a person much less a criminal defendant, and sure as hell never represented anyone on a contingency basis.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-9615048.post-3890730332751204282014-08-06T16:02:55.062-04:002014-08-06T16:02:55.062-04:00Wrong.
Mental gymnastics . Dishonest. If 7 mi...Wrong. <br /><br />Mental gymnastics . Dishonest. If 7 minutes is no big deal, why couldn't the judge just wait. Why didn't the honorable prosecutor say "judge, the defense lawyer is not yet present." <br /><br />Maybe rather than impugn a whole class of lawyers with no cause (paranoid much) you ask why all this was not avoided just by a Judge or prosecutor having a little courtesy. <br /><br />Any doubt carnes equates defense lawyers as a class equal to his regard for convicted criminals, is eliminated.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-9615048.post-30824793102613735862014-08-06T12:31:23.050-04:002014-08-06T12:31:23.050-04:00The implication that criminal defense lawyers ramp...The implication that criminal defense lawyers rampantly violate the Rules of Professional Conduct and absence themselves from court during trial on purpose and purposefully invite error during trials is offensive. If that is the bias of this member of the bench against the criminal defense bar, clearly nothing a criminal defense lawyer says in front of this judge would ever been seen as credible.Bob Becerranoreply@blogger.comtag:blogger.com,1999:blog-9615048.post-67349085271466948182014-08-06T10:41:41.575-04:002014-08-06T10:41:41.575-04:00I'm with Carnes on this one. I'm not sure ...I'm with Carnes on this one. I'm not sure missing your lawyer for a few minutes so infects the trial (or whatever the structural error language is) as to render any error unreviewable by the appellate court. What are the odds of en banc review on this one?<br /><br />That said, it's unnecessary for Carnes to smear an entire class of attorney.Literatinoreply@blogger.comtag:blogger.com,1999:blog-9615048.post-34787335505382976222014-08-06T09:43:46.732-04:002014-08-06T09:43:46.732-04:00Absolutely insane that the trial judge commenced (...Absolutely insane that the trial judge commenced (early) without defense counsel present. The judge and prosecutor (who said nothing about the absence of opposing counsel) are to blame for this error IMO. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-9615048.post-50935146706759698212014-08-06T09:09:05.736-04:002014-08-06T09:09:05.736-04:00Carnes should smoke some Cronic and chill; I doubt...Carnes should smoke some Cronic and chill; I doubt whether the defense attorney had alterior motives. Still, and although I haven't carefully read the decision, the result reached by the majority strikes me as prima facie suspect. I get the idea of structrual error, and the majority cites juicy and sweeping language from Cronic and Fulminante, but it is hard to believe that an appellate court must simply say, We can't review this case and must remand for a new trial, thanks solely to defense counsel's missing a few minutes of a multi-day trial.P. Guyotatnoreply@blogger.com