...have been greatly exaggerated.
It's just that it's the deadest week of the year. EXCEPT IN STATE COURT! Are you kidding me? Yes, we have anonymous juries and explosions in buildings, but nothing like the Christmas Eve Massacre (reported by Rumpole).
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
Friday, December 28, 2007
Monday, December 24, 2007
Friday, December 21, 2007
Liberty City 7 update
Judge Lenard has ordered an anonymous jury in the next Liberty City 7 trial. (via Miami Herald). Very bad news for the defense.
Here's the intro to the article:
A federal judge on Friday aired concerns about the possibility of jury tampering in the upcoming retrial of an alleged homegrown terrorism group and ordered that Miami-Dade jurors be selected anonymously for the high-profile proceeding.U.S. District Judge Joan Lenard cited numerous reasons for her order -- including a jury list handed by one defense lawyer to his client's mother so she could pray for an acquittal during first trial deliberations last week. Lenard noted that it was a ''pristine list'' with all 12 of the jurors' names and ''X'' marks next to six of them.''At this point, it's unclear to the court what that list was about,'' she said.Her order -- an edict normally seen in organized crime or major drug cases -- means that potentially hundreds of Miami-Dade voters who receive jury summonses for the retrial in January will be referred to by number, not by name. The judge also ordered the U.S. Marshals to provide criminal background checks on all prospective jurors for both sides.***''I do find there is strong reason to believe the jury needs protection,'' Lenard said. ``Here we have defendants accused of being members of a terrorist cell.''
On the other hand, Judge Lenard ordered the government to keep Lyglenson Lemorin here in the United States because he may be needed for the next trial. (via Sun-Sentinel). From the article:
U.S. District Judge Joan Lenard cautioned the government against moving ahead "with lightning speed so that he would not be available to testify.""I don't know if it's on a fast track or not on a fast track," Lenard said. "I have to protect the rights of these defendants and I intend to do so."
So, do we start calling the case the Liberty City 6 now?
Here's the intro to the article:
A federal judge on Friday aired concerns about the possibility of jury tampering in the upcoming retrial of an alleged homegrown terrorism group and ordered that Miami-Dade jurors be selected anonymously for the high-profile proceeding.U.S. District Judge Joan Lenard cited numerous reasons for her order -- including a jury list handed by one defense lawyer to his client's mother so she could pray for an acquittal during first trial deliberations last week. Lenard noted that it was a ''pristine list'' with all 12 of the jurors' names and ''X'' marks next to six of them.''At this point, it's unclear to the court what that list was about,'' she said.Her order -- an edict normally seen in organized crime or major drug cases -- means that potentially hundreds of Miami-Dade voters who receive jury summonses for the retrial in January will be referred to by number, not by name. The judge also ordered the U.S. Marshals to provide criminal background checks on all prospective jurors for both sides.***''I do find there is strong reason to believe the jury needs protection,'' Lenard said. ``Here we have defendants accused of being members of a terrorist cell.''
On the other hand, Judge Lenard ordered the government to keep Lyglenson Lemorin here in the United States because he may be needed for the next trial. (via Sun-Sentinel). From the article:
U.S. District Judge Joan Lenard cautioned the government against moving ahead "with lightning speed so that he would not be available to testify.""I don't know if it's on a fast track or not on a fast track," Lenard said. "I have to protect the rights of these defendants and I intend to do so."
So, do we start calling the case the Liberty City 6 now?
Thursday, December 20, 2007
Jailhouse snitch?
Wednesday, December 19, 2007
Holiday cards
The following text accompanies this picture:
Past contributions by our firm have enabled the Daily Bread Food Bank to deliver over 1.3 million meals to those in need in our community.
This year, we decided to contribute a truck to help make the deliveries a little easier.
When you see this truck in our community, you may notice that our name is not on it. That is because the gift of this truck is made in your honor. It would not have been possible without you.
Where in the world is Lyglenson Lemorin?
Check out this AP story, by Curt Anderson, about the one defendant who was acquitted in the Liberty City 7 case. Even when you win, you lose....
A U.S. jury did not think Lyglenson Lemorin was involved in a terrorism conspiracy to topple Chicago's Sears Tower and bomb FBI offices, but he did not walk out of court a free man.
Instead, federal agents took the legal U.S. resident to Georgia, where he remained Wednesday facing possible deportation to his native Haiti, his attorneys said. And Lemorin could be forced to return to court early next year in Miami to testify in the retrial of his co-defendants in the so-called "Liberty City Seven" case.
Lemorin's treatment has led people involved in the case to question the government's motives, especially if he is charged with largely identical terrorism-related offenses in deportation proceedings.
We also haven't had a Go Dore Go segment in a while, but the article quotes blog favorite Dore Louis:
His lawyers didn't know where he was until Monday, and Lemorin told them he feared he would be taken to the U.S. terrorist detention center at Guantanamo Bay, Cuba. A Miami lawyer who represents a co-defendant in the Jose Padilla terrorism case said Lemorin was afraid for good reason.
"This is a category of individuals who are subjected to different rules," said attorney Marshall Dore Louis, who is not involved in the Liberty City Seven case. "I think anybody who is in that system should be terrified about what the government is going to do."
A U.S. jury did not think Lyglenson Lemorin was involved in a terrorism conspiracy to topple Chicago's Sears Tower and bomb FBI offices, but he did not walk out of court a free man.
Instead, federal agents took the legal U.S. resident to Georgia, where he remained Wednesday facing possible deportation to his native Haiti, his attorneys said. And Lemorin could be forced to return to court early next year in Miami to testify in the retrial of his co-defendants in the so-called "Liberty City Seven" case.
Lemorin's treatment has led people involved in the case to question the government's motives, especially if he is charged with largely identical terrorism-related offenses in deportation proceedings.
We also haven't had a Go Dore Go segment in a while, but the article quotes blog favorite Dore Louis:
His lawyers didn't know where he was until Monday, and Lemorin told them he feared he would be taken to the U.S. terrorist detention center at Guantanamo Bay, Cuba. A Miami lawyer who represents a co-defendant in the Jose Padilla terrorism case said Lemorin was afraid for good reason.
"This is a category of individuals who are subjected to different rules," said attorney Marshall Dore Louis, who is not involved in the Liberty City Seven case. "I think anybody who is in that system should be terrified about what the government is going to do."
Anonymous Blog dies
Thank goodness it's not Rumpole.
Still, it's sad that StuckonthePalmetto is dead. It was one of the best blogs in South Florida. Here's the Herald report on what happened...
Still, it's sad that StuckonthePalmetto is dead. It was one of the best blogs in South Florida. Here's the Herald report on what happened...
Monday, December 17, 2007
DBR covers Federal Bar Luncheon
John Pacenti's Justice Watch column today details Chief Judge's Moreno's take on the two big sentencing decisions from last week that he spoke about at the federal bar lunch:
Chief U.S. District Judge Federico Moreno doesn’t expect a pair of U.S. Supreme Court decisions reinforcing the sentencing discretion of federal judges to create much of a ripple. “There will be a little bit of change,” he told the Federal Bar Association last week. The affable judge kept lawyers in stitches as he addressed the association for the first time as chief judge.
***
Moreno told the association that most sentences will fall within the guidelines but he expects the number of sentencing appeals to drop. In an interview afterward, the judge said the guidelines play an important role. “It eliminates disparities between different judges,” he said. “I like the guidelines because that’s what they are — guidelines — they are not mandatory sentences.” But he also welcomes the latest decisions guaranteeing more discretion to district judges. “We know the case and the individual,” he said. “It gives the opportunity for the exception if someone is young or if something is unusual. Sometimes people do fall outside the standards.”
Chief U.S. District Judge Federico Moreno doesn’t expect a pair of U.S. Supreme Court decisions reinforcing the sentencing discretion of federal judges to create much of a ripple. “There will be a little bit of change,” he told the Federal Bar Association last week. The affable judge kept lawyers in stitches as he addressed the association for the first time as chief judge.
***
Moreno told the association that most sentences will fall within the guidelines but he expects the number of sentencing appeals to drop. In an interview afterward, the judge said the guidelines play an important role. “It eliminates disparities between different judges,” he said. “I like the guidelines because that’s what they are — guidelines — they are not mandatory sentences.” But he also welcomes the latest decisions guaranteeing more discretion to district judges. “We know the case and the individual,” he said. “It gives the opportunity for the exception if someone is young or if something is unusual. Sometimes people do fall outside the standards.”
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