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Daily News Summary


An electronic digest of media coverage of interest to members of The Florida Bar compiled each workday by the Public Information and Bar Services Department. Electronic links are only active in today's edition. For information on previous articles, please contact the publishing newspaper directly.

Links to online newspapers

Sept. 4, 2008

--Legal Profession--


JUDGE: OVERBURDENED DADE DEFENDER CAN DUMP FELONY CASES-- The Miami Herald, http://www.miamiherald.com, Sept. 4, 2008.
Miami-Dade Circuit Judge Stanford Blake ruled Wednesday [Sept. 3] that the Miami-Dade County Public Defender's Office is overburdened and can withdraw from thousands of cases, a move that could prove costly for taxpayers. Blake ordered the Office of Regional Counsel to begin taking all third-degree felony cases involving poor defendants -- between 1,000 and 1,500 cases a month -- as of Sept. 15. That office, created last year by the Legislature to save money formerly spent on private attorneys, has only 43 lawyers and Joseph George, the office's director, said he wasn't sure how many third-degree felony defendants his attorneys will be able to handle. Miami-Dade State Attorney Katherine Fernández Rundle said she ''disagrees fundamentally'' with Blake's ruling and plans to appeal it.

NO RULING ON INSURER'S BID TO BLOCK INQUIRY INFORMATION-- St. Petersburg Times, http://www.tampabay.com, Sept. 4, 2008.
The Connecticut Supreme Court has declined to rule on a Florida company's efforts to block Connecticut Attorney General Richard Blumenthal from disclosing information he obtained while investigating the insurance industry. The lawsuit by Brown & Brown Insurance Inc., which is still pending in Hartford Superior Court, could determine whether Blumenthal can share data with other states' attorneys general who also are reviewing antitrust allegations in the industry. The case stemmed from Blumenthal's 2006 subpoena of Brown & Brown, a general insurance broker based in Tampa and Daytona Beach.

--Civil Justice Issues--

DEAL WITH SYSCO ENDS INQUIRY INTO FAKE GROUPER-- St. Petersburg Times, http://www.tampabay.com, Sept. 4, 2008. [Also: FLORIDA, FIRM SETTLE FAKE GROUPER ISSUE-- Sun-Sentinel, http://www.sun-sentinel.com, Sept. 4, 2008].
From the St. Petersburg Times: Two years after the St. Petersburg Times exposed fake grouper in Tampa Bay restaurants, the nation's largest food distributor and supplier of much of that fish has agreed to pay $300,000 to end a state investigation into the matter. Sysco Food Services-West Coast Florida will donate food worth $100,000 to soup kitchens and will pay the Florida Attorney General's Office $200,000 to defray its investigative costs, according to a civil agreement announced Wednesday [Sept. 3]. Sysco spokesman Mark Palmer said the company never knowingly marketed bogus fish. The only grouper imports the company sold were labeled that way by Sysco's suppliers.

--Criminal Justice Issues--

FINGERPRINTS STILL CRITICAL EVIDENCE AGAINST CRIMINALS-- Daytona Beach News-Journal, http://www.news-journalonline.com, Sept. 4, 2008.
In an age where DNA technology seems to get all the glory as the latest crime-fighting tool, investigators and attorneys agree fingerprinting remains the "old reliable" for crime scene detection. Computer technology has greatly improved the status of fingerprints as evidence. Prints scanned into a computer can reveal points and whorls and all the tiny details of the print, making it almost infallible as evidence, Daytona Beach defense attorney Avie Croce said. Fingerprints also can contain DNA, which can help investigators track down criminals who wore gloves.

TREASURE COAST DEATH ROW INMATES CONTINUE APPEALS-- Treasure Coast Newspapers, http://www.tcpalm.com, Sept. 4, 2008.
Three Treasure Coast convicted murderers on Florida's Death Row are continuing to appeal Florida's use of lethal injection, despite a recent U.S. Supreme Court ruling allowing it, court officials say. In July, Florida resumed lethal injection for capital punishment, which had been under a moratorium because of a botched injection in 2006, said Assistant State Attorney Ryan Butler. Before the Supreme Court ruling, attorneys for Death Row inmates James Eric Chandler of Sebastian, William Reeves of Vero Beach and Billy Kearse of Fort Pierce all asked for court hearings to challenge the procedure. Now those requests are coming before local judges.

--Other--

HIGH COURT AXES THREE AMENDMENTS-- The Miami Herald, http://www.miamiherald.com, Sept. 4, 2008. [Also: FLORIDA SUPREME COURT THROWS AMENDMENTS 5, 7 AND 9 OFF NOVEMBER BALLOT-- Florida Capital News, http://www.floridacapitalnews.com, Sept. 4, 2008; FLORIDA SUPREME COURT KNOCKS THREE AMENDMENTS OFF BALLOT-- Jacksonville Business Journal, http://jacksonville.bizjournals.com, Sept. 4, 2008; FLORIDA HIGH COURT CUTS TAX SWAP PROPOSAL-- The Gainesville Sun, http://www.gainesville.com, Sept. 4, 2008; FLORIDA SUPREME COURT TAKES PROPERTY TAX CUT AND VOUCHERS OFF BALLOT-- Sun-Sentinel, http://www.sun-sentinel.com, Sept. 4, 2008; HIGH COURT STRIKES THREE AMENDMENTS FROM BALLOT-- The Tampa Tribune, http://www.tbo.com, Sept. 4, 2008].
From The Miami Herald: The Florida Supreme Court dealt a blow to a tax revision plan and school vouchers Wednesday [Sept. 3], removing from the November ballot three amendments that could have dramatically altered the future of Florida. In unanimous rulings delivered less than five hours after the court heard oral arguments, the justices rejected Amendments 5, 7 and 9 on grounds they were improperly placed on the November ballot and are misleading to voters. The amendments were placed directly on the ballot by the Taxation and Budget Reform Commission, a citizens' panel that meets once every 20 years.

2,700 MISSING BALLOTS FOUND-- The Palm Beach Post, http://www.palmbeachpost.com, Sept. 4, 2008. [Also: A SECOND RECOUNT?-- Daily Business Review, http://www.dailybusinessreview.com, Sept. 4, 2008; JUDICIAL ELECTIONS: RECOUNTS LEAVE MORE QUESTIONS IN SOME RACES THAN ANSWERS-- Daily Business Review, http://www.dailybusinessreview.com, Sept. 3, 2008].
From The Palm Beach Post: Palm Beach County elections officials early today found 2,700 of the 3,478 ballots that somehow disappeared between last week's election and a weekend recount. Jeff Darter, technology manager for the Palm Beach County supervisor of elections, voiced confidence that the remaining 778 missing ballots also would be found. It is likely a second machine and manual recount will be done to decide the race between Circuit Judge Richard Wennet and challenger William Abramson. Going into the recount 17 votes behind, Wennet ended up winning by 60 votes after the ballots disappeared. Gerald Richman, who represents Wennet, said he is researching whether the county can legally recount the ballots after the local canvassing board certified the results. The missing ballots were found by comparing precinct-by-precinct totals on election day with those after the recount, Darter said. Workers then checked bins containing ballots from the precincts and found 2,700 ballots that hadn't been recorded during the recount.

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[Revised: 07-01-2005 ]