The Liberty City 7 jury has been awfully quiet since being Allen charged...
Are they going to compromise?
Hang?
Reach a verdict on all counts?
Thoughts?
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
Wednesday, December 12, 2007
Monday, December 10, 2007
''It is your duty to agree upon a verdict if you can do so."
That was Judge Lenard today to the Liberty City 7 jury. Apparently they sent another note today saying that they were still deadlocked. Judge Lenard read the "Allen charge" sometimes known as the dynamite charge... Defense lawyers hate this jury instruction because it typically leads juries to compromise.
Huge sentencing day...
Criminal law practitioners have quite a bit of reading today as the Supreme Court decided two mammoth cases -- Gall v. United States and Kimbrough v. United States. In a nutshell, the cases are huge victories for district judges, criminal defense lawyers and their clients. The decisions reaffirm that district judges have wide discretion in sentencing defendants and that the guidelines are really just advisory. Judges are free to disagree with them (as the judge did in Kimbrough with the 100-1 crack disparity) and appellate courts are to defer to the district courts unless they abuse their discretion in sentencing. It will be interesting to see how district judges use their discretion now that the Supreme Court has said it really really means it.
In other sentencing news, Michael Vick got 23 months. Almost two years for a first-time offender with no prior history... Thoughts?
For all your sentencing news, the best place to go is www.sentencing.typepad.com and for the Supreme Court news, go to www.scotusblog.com
In other sentencing news, Michael Vick got 23 months. Almost two years for a first-time offender with no prior history... Thoughts?
For all your sentencing news, the best place to go is www.sentencing.typepad.com and for the Supreme Court news, go to www.scotusblog.com
Friday, December 07, 2007
Ask Chief Judge Moreno anything you want!
The cold realities of prison
Dan Christensen has this story about how Ken Jenne is adjusting to prison. Mostly, he's bored and cold:
All Ken Jenne wants for Christmas is a warm sweat shirt.
''He really wants a sweat shirt because it's cold in prison,'' said his son, State Rep. Evan Jenne.
***
Jenne, whose prisoner number is 77434-004, observed his 61st birthday in prison in Miami last Saturday. His wife and son saw him Monday.
''We weren't allowed to bring him anything for his birthday,'' Evan Jenne said.
Jenne said his father was ``in good spirits.''
''The guards are treating him well and with respect,'' he said. ``My father doesn't feel in mortal danger. Every time he moves, there is a legion of guards around him.''
Jenne, who once hoped to be governor, now spends his days fighting boredom, his son said.
The former sheriff fills his days by reading a lot. ''Right now, he's reading a biography of Alexander Hamilton. It's a paperback. No hard covers are allowed,'' his son said.
All Ken Jenne wants for Christmas is a warm sweat shirt.
''He really wants a sweat shirt because it's cold in prison,'' said his son, State Rep. Evan Jenne.
***
Jenne, whose prisoner number is 77434-004, observed his 61st birthday in prison in Miami last Saturday. His wife and son saw him Monday.
''We weren't allowed to bring him anything for his birthday,'' Evan Jenne said.
Jenne said his father was ``in good spirits.''
''The guards are treating him well and with respect,'' he said. ``My father doesn't feel in mortal danger. Every time he moves, there is a legion of guards around him.''
Jenne, who once hoped to be governor, now spends his days fighting boredom, his son said.
The former sheriff fills his days by reading a lot. ''Right now, he's reading a biography of Alexander Hamilton. It's a paperback. No hard covers are allowed,'' his son said.
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