Category Archives: Uncategorized

907.041 WRIT!

John Morrison, Assistant Public Defender, Appellate Division, Miami PDO, has filed this Petition for Writ of Habeas Corpus with the Third DCA relating to the procedural and constitutional concerns regarding section 907.041(5)(b): “A person arrested for a dangerous crime may not be granted nonmonetary pretrial release at a first appearance hearing if the court has determined there is probable cause to believe the person has committed the offense.”

It doesn’t specifically address 907.041(5)(d), which has the Broward SAO and judiciary scrambling due to the requirement for the state attorney, or the court on its own motion with a PC arrest for a “dangerous crime” that is a capital felony, a life felony, or a felony of the first degree, to motion for pretrial detention (“shall motion for pretrial detention“).

In Broward, we’re told the PDO has been successful in having judges not order pretrial detention pursuant to 5(d) for a variety of reasons, but Defendants are certainly being held no bond past their First Appearances pursuant to the 2024 changes until being seen by their assigned division judges. Morrison’s filings are therefore believed to be the first volleys at the appellate level attacking the statute on procedural and constitutional grounds that could also potentially be applied to 5(d), meaning the litigation will be closely watched across the State.

Follow along with all the responses and other filings at the Third DCA Clerk’s website

COMING SOONSAO Restructuring – Are the “Dinosaur Divisions” doomed?; CJ ELECTION!

WPLG – 20-year state attorney DTU secretary admits dealing cocaine with boyfriend (2016)

DTU SECRETARY STATEMENT

FLORIDA BULLDOG:

End of jail bail reform may cost Broward taxpayers an extra $16.7 million

NAACP calls on Justice Department to investigate ‘alarming’ BSO jail deaths; ‘Immediate action’ urged

Florida Bar gives Trump’s tainted Broward counsel a pass but bedevils a lawyer on DeSantis’s blacklist

CHARLES HALL IN …

Charles Hall, 60 year old native of Broward County and a thirty-four year veteran of the Clerk’s Office who retired as a Court Operations Manager, has confirmed he will be filing soon to run for Clerk of Courts against Annette Daniels and Brenda Forman

COMING SOON907.041 Pretrial Detention Motion Madness

FUN IN THE SUNSHINE …

The JNC short list for the open county & circuit seats should be available tomorrow.

There’s been a delay in getting the FDLE criminal background checks from Tallahassee, but we’re told the issues should be resolved Friday.

In the meantime, click the following link to spy on your favorite elected officials net worths, and stay mindful of grossly exaggerated home values …

FORM 6 PUBLIC SEARCH

Form 6 Example – Brenda Forman

Who Must File Form 6:

All persons holding the following positions: Governor, Lieutenant Governor, Cabinet members, members of the Legislature, State Attorneys, Public Defenders, Clerks of Circuit Courts, Sheriffs, Tax Collectors, Property Appraisers, Supervisors of Elections, County Commissioners, elected Superintendents of Schools, members of District School Boards, Mayor and members of the Jacksonville City Council, Judges of Compensation Claims; the Duval County Superintendent of Schools, and members of the Florida Housing Finance Corporation Board, each expressway authority, transportation authority (except the Jacksonville Transportation Authority), bridge authority, toll authority, or expressway agency created pursuant to Chapter 348 or 343, F.S., or any other general law, mayors, elected members of the governing body of a municipality, each member of the Commission on Ethics and judges, as required by Canon 6, Code of Judicial Conduct.

SCHERER SPEAKS!

*UPDATE* UPDATE* 1/9/23:

PART 3 (sic) “NOTHING BUT HER TRUTH”

FOX NEWS – Parkland shooting Judge Elizabeth Scherer discusses a Las Vegas judge sentencing a man who attacked her in court on ‘Jesse Watters Primetime.’

*UPDATE* 1/8/23:

PART I “NOTHING BUT HER TRUTH”

From accompanying article:

In her professional career, Scherer has also had to dust herself off and keep going.

She’s thinking about writing a book, and has also received offers to provide legal commentary, but is quick add Judge Judy doesn’t have anything to worry about.

“I don’t think Judge Judy has to be worried about anyone ever,” Scherer said.

SS – Broward jail deaths have Public Defender’s office demanding oversight

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YOUTUBE PREVIEW OF THREE PART INTERVIEW – JIM DEFEDE/CBS MIAMI (starts at 19:50)

Q: “Do you feel at any point that you unduly chastised the public defender Melisa McNeill?

A: “So there was a lot that was going on during that trial that I felt was extremely unprofessional and disrespectful, not only to the court, but to the families. As a judge there’s only certain tools that you have to address that type of disrespect, and you know, did I handle it perfectly? Perhaps not. But I did what I thought needed to be done in order to maintain decorum, and to keep, keep that trial moving in a way that was fair to all parties.

Starts Monday Morning 6:30 AM

Will Melisa McNeill or Gordon Weekes give their own interviews and perspectives, now that Liz has broken the silence?

And is this the beginning of a larger media presence for Scherer?

STAY TUNED ...

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JANUARY 16TH JNC INTERVIEWS. OPEN TO THE PUBLIC, HELD IN THE COURTHOUSE:

Watch your favorite future judge squirm …

MAIN JAIL VIOLENCE

**UPDATE** 1/1/24 at 2:00 PM – We’re told the alleged victim is on life support, pending goodbyes from his family and donation of his organs.

The victim and his alleged attacker had reportedly both recently been deemed incompetent to proceed.

Mainstream media has picked up the story, so expect more soon …

CBS 4 – Family of beaten, mentally ill Broward Jail inmate on life support seeks answers (6:13 PM)

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Here is the Probable Cause Affidavit detailing the December 16th alleged inmate beating that has left an inmate near death.

Last week a BSO insider told us the victim was still alive, but that may no longer be the case.

The alleged perpetrator appears to be a mental health consumer, previously receiving services in Mental Health Court.

Developing …

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*UPDATE* – Text from Gordon Weekes the morning of December 30th:

Considering the high frequency and number of inmate deaths, serious injuries and medical neglect that have occurred in the jail, it’s about time for an outside agency — US Department of Justice, Civil Rights Division to come in and oversee the operations of the jail.

The turnover at the executive level has been a revolving door. Deputies have been caught up in PPP fraud at an alarming rate and now contraband is being smuggled into the jail by deputies.

The culture in the jail must be cleaned up.

SAO MOVEMENT

Welcome back, Julio!

Former county court judge Julio Gonzalez is returning to the central courthouse, courtesy of the SAO.

It’s not the biggest news in the world, except for rumors swirling around the circumstances of the move, and his new assignment.

Currently employed by BSO as the Director of the Department of Professional Standards, a position entailing oversight of the disciplinary process of deputies post-Internal Affairs investigations, Julio will be taking over the SAO’s Public Corruption Unit (PCU), replacing outgoing ASAIC Chris Killoran.

Killoran will remain a division chief, helming a new Organized Crime Unit. That’s great for Chris, but it hasn’t stopped the rumor mill from kicking into high gear, given the recent controversies engulfing the YNW Melly trial(s), and PCU’s Michelle Boutros’ damaging testimony regarding Detective Mark Moretti.

Is the Killoran move in any way, shape or form connected to the Melly debacle? And can the tea leaves be read in other ways, namely enticing Julio to leave a great job at BSO because of the possibility of Harold Pryor seeking higher office (or more lucrative opportunities) after a second term at the SAO? Could Gonzalez, who has sought a circuit judgeship on numerous occasions since leaving the county bench, be in line as a possible replacement for Pryor?

We floated both theories to Julio earlier today. Ever the gentleman, he declined comment, simply stating he was excited to be coming back to the courthouse.

WAIT AND SEE …