The Acting AG issued new guidance for federal prosecutors "to ensure that prosecutors are able to exercise discretion in pursuing justice." The January 29 memo explains that the Trump era policy of charging the most serious offense and seeking the highest sentence is rescinded. And in its place, the old Obama-era policy on charging and sentencing will take its place. That means that prosecutors will have the discretion to look at the particular case and person, and then decide what the appropriate charge and sentence should be. This is a significant change. Let's see if our federal prosecutors will take the letter and spirit of the change to heart.
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, February 03, 2021
New guidance for federal prosecutors. Will it matter?
Tuesday, February 02, 2021
Jose Baez on this week's episode of For the Defense
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Sunday, January 31, 2021
RIP Judge Peter T. Fay
St. Thomas recently renamed its law school the Peter Fay School of Law.
A former clerk emailed me that he was the first person to master barefoot water skiing. In fact, he was inducted into the Rollins sports Hall of Fame for water skiing, basketball, and football.
He was known for his civility and wonderful demeanor. He will be missed.
Please feel free to use the comments to tell stories and remember Judge Fay.
UPDATE WITH COMMENTS:
Here's Judge Federico Moreno:
Pete Fay’s five decades as a magnificent judge is well
known. But his humility, faith and generosity with his time is his legacy. He
was a true American hero, who never forgot what it was like to be a trial
lawyer. FAM
Wednesday, January 27, 2021
Ursula Ungaro taking senior status
When I started as an assistant federal public defender back in 1999, I was assigned to Judge Ungaro's courtroom (back in the Tower building) and tried many cases before her. She always cut through all of the nonsense and taught me (and the other lawyers in front of her) to focus on what mattered. She is extremely smart and has always been a force on the bench. Her independence is her legacy, along with the graciousness of her chambers staff, Kathryn and Bill.
It will be interesting to see the process for filling her seat, which now makes two openings here (the other is Judge Moreno's). I'm hearing lots of names including Melissa Damian Visconti, Michael Sherwin, Michael Caruso, David Leibowitz, Jackie Becerra, and others.
In any event, congrats to Judge Ungaro and thank you for the many years of service to the community!
Tuesday, January 26, 2021
FOR THE DEFENSE SEASON 2 LAUNCH, ALAN DERSHOWITZ FOR O.J. SIMPSON
ALAN DERSHOWITZ FOR O.J. SIMPSON
We're back! Season 2 of For the Defense launches today with Alan Dershowitz, who will be discussing the O.J. Simpson trial. Here's a clip of Dersh answering whether the prosecution lost the trial or whether the defense won it. Season 2 will continue with new episodes each Tuesday featuring the following guests:
- Jose Baez (Casey Anthony): Jose Baez has become known as one of the go-to trial lawyers, and it was the Casey Anthony case that thrust him onto the national stage.
- Ron Sullivan (Aaron Hernandez): All hope was lost for Aaron Hernandez after he lost his first murder trial. Enter Harvard Law Professor Ron Sullivan who represented Hernandez at murder trial #2 and won against all odds.
- Rob Cary (Sen. Stevens): You would think that prosecutors would be on their best behavior in a case against a sitting U.S. Senator and one of Alaska’s founding fathers, but it took Rob Cary to uncover jaw-dropping and far-reaching prosecutorial misconduct.
- Jayne Weintraub (Yahweh Ben Yahweh): Cutting off ears, death angels, and a Temple of Love. Another day at the office in Miami’s Justice Building where Jayne Weintraub defended who some called a cult-leader and others called a savior.
- Abbe Lowell (John Edwards): The future was bright for Vice-Presidential nominee and Presidential candidate John Edwards until he was indicted in federal court for a cover up involving an extra-marital affair. He needed Abbe Lowell’s trial skills to keep him out a prison cell.
- David Gerger (Deepwater Horizon): Someone needed to pay for the biggest environmental disaster in U.S. history, and David Gerger made sure the government did not scapegoat his client Robert Kaluza.
- Michael Tigar (Terry Nichols): Who would represent one of the most-hated criminal defendants of all time, accused of blowing up the federal building in Oklahoma City? None other than the dean of the criminal defense bar, Michael Tigar.
It's not too late to catch up on Season 1 if you missed it (which included the following lawyers: Donna Rotunno, Roy Black, Tom Mesereau, Marty Weinberg, H.T. Smith, F. Lee Bailey, and Hank Asbill).
Our new Season 2 episode with Alan Dershowitz (as well as the entire Season 1) is currently available on all podcast platforms including Apple, Spotify and Google, All other platforms can be accessed on this website.
To receive Florida CLE credit for Season 1, email me at dmarkus@markuslaw.com (we have applied for Season 2).
Please send me your feedback -- and of course, subscribe, like and comment! If you would like to receive these updates, please sign up here.
Thank you! --David
Hosted by David Oscar Markus and produced by rakontur
CONTACT: info@rakontur.com, dmarkus@markuslaw.com