A blog by Miami Criminal Defense Lawyer Brian Tannebaum. Commenting on criminal law issues of local and national interest.

Thursday, June 29, 2006

Tuesday, June 27, 2006

Miami Heat's Udonis Haslem Meets Criminal Defense Blog Host


Dont know if he's a fan of the blog, but he was gracious enough to pause for this picture with me and some friends at this post-championship golf tournament.

Thursday, June 22, 2006

Duke Rape Case: Does The Truth Matter?

A couple weeks ago I was listening to The Abrams Report on MSNBC.

Dan Abrams had obtained the statement of Kim Roberts Pittman, a woman who was with the alleged victim the night of the alleged rape. The statement refuted the alleged victims allegations, and created serious questions about the credibility of this case.

When presented with Ms. Robert's statement, Florida Assistant State Attorney Pam Bondi, a frequent commentator on the show said the following:

"...in this case and probably what the prosecution has been doing is going, how can I present my case without calling Kim Pittman or Kim Roberts or whatever her name is."

Huh?

What?

The prosecutor in the case may be considering how to present the case without calling this witness?

Why?

Because it blows their case?

Is she telling the truth?

And does it matter to this prosecutor, if in fact he's thinking what is predicted by Ms. Bondi?

The full transcript of the show is here

Brian Tannebaum is a criminal defense attorney in Miami, Florida practicing in state and federal court. To learn more about Brian and his firm, Tannebaum Weiss, please visit www.tannebaumweiss.com

Wednesday, June 21, 2006

Tuesday, June 20, 2006

Prosecutor vs. Judge - Case Dismissed

According to the Columbus Dispatch, the judge dismissed the case against a man accused of raping a girl six years ago because the prosecutor was 45 minutes late to trial.

The story is that Judge Eileen Gallagher told the prosecutor to be in court at 1 p.m. and then dismissed the case when Prosecutor Mark Schneider had not shown up by 1:45 p.m.

The other side of the story is that earlier in the day, the prosecutor asked the judge to remove herself from the case, saying the judge said last year that she thought the accuser had credibility problems.

Sounds like a pissing match.

Brian Tannebaum is a criminal defense attorney in Miami, Florida practicing in state and federal court. To learn more about Brian and his firm, Tannebaum Weiss, please visit www.tannebaumweiss.com

Monday, June 12, 2006

Drugs Drugs Drugs, Oh Uh , And, Murders Robberies and Rapes

Sitting in criminal court watching possession of cocaine case after possession of cocaine case, I heard a faint voice today: Violent crime is up.

You can read about it here

According to the FBI, violent crime in the U.S. posted its biggest one-year increase since 1991. AP reports that "nationally, murders rose 4.8 percent, meaning there were more than 16,900 victims in 2005. That would be the most since 1998 and the largest percentage increase in 15 years."

According to AP, "Some criminal justice experts said the statistics reflect the nation's complacency in fighting crime. Crime dropped dramatically during 1990s, and some cities have since abandoned effective programs that emphasized prevention, the putting of more cops on the street, and controls on the spread of guns."

Hmmmmm. Prevention? More cops? Gun Control?

Why do that when you can just build more prisons?

Brian Tannebaum is a criminal defense attorney in Miami, Florida practicing in state and federal court. To learn more about Brian and his firm, Tannebaum Weiss, please visit www.tannebaumweiss.com

Wednesday, June 07, 2006

Civil Lawyers Being.....Civil?

This order from the Middle District of Florida is flying around the internet today.

Criminal lawyers will laugh and shake their heads. For all the criticism we get, we just don't behave like this:



UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
Case No. 6:05-cv-1430-Orl-31JGG

AVISTA MANAGEMENT, INC.,
d/b/a Avista Plex, Inc.,

Plaintiff,

-vs-

WAUSAU UNDERWRITERS INSURANCE
COMPANY,
Defendant.
______________________________________


ORDER

This matter comes before the Court on Plaintiff’s Motion to designate location of a Rule
30(b)(6) deposition (Doc. 105). Upon consideration of the Motion – the latest in a series of Gordian knots that the parties have been unable to untangle without enlisting the assistance of the federal courts – it is ORDERED that said Motion is DENIED. Instead, the Court will fashion a new form of alternative dispute resolution, to wit: at 4:00 P.M. on Friday, June 30, 2006, counsel shall convene at a neutral site agreeable to both parties. If counsel cannot agree on a neutral site, they shall meet on the front steps of the Sam M. Gibbons U.S. Courthouse, 801 North Florida Ave., Tampa, Florida 33602. Each lawyer shall be entitled to be accompanied by one paralegal who shall act as an attendant and witness. At that time and location, counsel shall engage in one (1) game of “rock, paper, scissors.” The winner of this engagement shall be entitled to select the location for the 30(b)(6) deposition to be held somewhere in Hillsborough County during the period July 11-12, 2006. If either party disputes the outcome of this engagement, an appeal may be filed and a hearing will be held at 8:30 A.M. on Friday, July 7, 2006 before the undersigned in Courtroom 3, George C. Young United States Courthouse and Federal Building, 80 North Hughey Avenue, Orlando, Florida 32801.

DONE and ORDERED in Chambers, Orlando, Florida on June 6, 2006.
GREGORY A. PRESNELL
United States District Judge

Brian Tannebaum is a criminal defense attorney in Miami, Florida practicing in state and federal court. To learn more about Brian and his firm, Tannebaum Weiss, please visit www.tannebaumweiss.com