Wednesday, February 16, 2022

News & Notes

In addition to the appointment of Tony Gonzalez (see post below), a few other items have come in today:

1. Congrats to Katie Phang, a wonderful lawyer in Miami, who now has her own show on MSNBC.

2. Jurors say that the push notifications they saw on their phones during deliberations about Judge Rakoff dismissing the Sarah Palin case did not affect their deliberations.  This is where I would put the wide eye emoji if blogger let me do so.

3. The 11th Circuit en banc acted as a backup for prosecutors again in this 7-5 decision, saying that even if the government made a decision not to raise the good faith exception on appeal in a 4th amendment case, the court could still affirm on those grounds.  Judges Newsom and Jordan pen a terrific dissent explaining that we have an adversarial system and that the court is supposed to adjudicate actual disputes.  That's, of course, the normal rule... except when it involves the government as a litigant.  Then the 11th Circuit must revert back to its two most important rules: Rule #1 -- never rule against the government.  Rule #2 -- when in doubt, see Rule #1.

Still no U.S. Attorney nomination in SDFLA

 Because President Biden hasn't nominated a U.S. Attorney for our District, the Chief Judge had to appoint Tony Gonzalez to the post in this order.

Juan A. Gonzalez was appointed by the Attorney General of the United States as the interim United States Attorney for the Southern District of Florida. His appointment expires on February 20, 2022.
Upon polling the District Judges, the Court agreed to appoint Juan A. Gonzalez as the United States Attorney for the Southern District of Florida. Therefore, it is
ORDERED that pursuant to 28 U.S.C. section 546(d), Juan A. Gonzalez is appointed as the United States Attorney for the Southern District of Florida, effective February 21, 2022, until the vacancy is filled.

Tuesday, February 15, 2022

New Episode of For the Defense: GEOFFREY FIEGER FOR JACK KEVORKIAN

 

FOR THE DEFENSE SEASON 4, EPISODE 5
GEOFFREY FIEGER FOR JACK KEVORKIAN

 
Season 5 of For the Defense continues today with Geoffrey Fieger for Dr. Jack Kevorkian for the string of assisted suicide cases (and acquittals!) in the 90s. You can check it out on all podcast platforms (including AppleSpotify and Google. All other platforms can be accessed on this website.) 

We launched a few weeks ago with Bruce Rogow for 2 Live Crew and Luther Campbell and followed up with Mark Geragos for Susan McDougalJuanita Brooks for John DeLorean, and  Gerry Goldstein for Richard Dexter (Deep Throat),  

At the end of the season, I will post the Florida CLE code.   

We will have new episodes every other Tuesday.  Upcoming episodes include:
  • Brian Heberlig (Ali Sadr)
  • Ed Shohat (Carlos Lehder)
  • John Gleeson (Holloway Project)
Please send me your feedback -- and of course, subscribe, like and comment!  If you have a friend that would like to receive these updates, please have them sign up here

Thank you! --David

 

Hosted by David Oscar Markus and produced by rakontur

 

Monday, February 14, 2022

Mental Health Matters: A Black Lawyer's Perspective

 The Judges of the United States District Court for the Southern District of Florida cordially invite you to their annual Black History Month program on Thursday, February 17, 2022, at 12:00 noon.   This will be a virtual event.   Please click this link to join the webinar.