Chief Judge Altonaga handed President Trump a victory yesterday in his lawsuit against ABC and George Stephanopoulos. During a March 10, 2024 interview of US Representative Nancy Mace… Read More

Well, check out this interview by Michael Mora and Lisa Willis of John Morgan or Morgan & Morgan.  He has over 1000 lawyers, just sold 60% of his software company for $430 million… Read More

The attempted arrest ended in tragedy -- Pino's suicide.  So should they have let him surrender as his lawyer offered? The Miami Herald has the competing narratives between U.S. Attorne… Read More

Smith v. Arizona: There’s No Substitute For The Truth First, a big thanks to David Oscar Markus and Jon R. Byrne for the opportunity to submit this guest post. This post will cover th… Read More

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 FOR THE DEFENSE, SEASON 6, EPISODE 4:SEAN HECKER FOR ROBERT BOGUCKIWe are back to our roots. A terrific criminal defense lawyer and my good friend, Sean Hecker, is here to discuss the… Read More

 Here's the 93-page order, which starts this way: "Former President Trump’s Motion to Dismiss Indictment Based on the Unlawful Appointment and Funding of Special Counsel Jack Smit… Read More

“Missed me!”Just two months after he was shot in an attempted assassination, a balloon popped whilst Ronald Reagan was giving a speech in West Berlin. pic.twitter.com/FvnNjrAGpJ… Read More

The guy was a legend. A former AUSA and a long-time criminal defense lawyer who was always fighting for the cause. Neal served as president of the Dade County Bar Association and the Florida… Read More

 By John R. ByrneInteresting debate between a dissenting Judge Rosenbaum and the majority (consisting of Judges Newsome and Luck) in a case applying the First Step Act. One defendant-fr… Read More

 From Bloomberg:An Alaska federal judge who abruptly resigned last week engaged in an inappropriate sexual relationship with a former law clerk and lied about it to an investigating j… Read More

Criminal defense lawyers do it every day on behalf of their clients who are being investigated.  They make presentations to the government, trying to convince them not to file char… Read More

  We are back for Episode 3 of Season 6 with Judge Andrew Brasher.  This interv… Read More

I noted last week that she dissented in Erlinger, where she not only defended the Sentencing Guidelines but questioned the wisdom of Apprendi.  And that was just the start … Read More

 By John R. ByrneHappy Friday. Wild Miami story I had somehow never heard about. The murder trial of Candace "Candy" Mossler and her nephew, Melvin Lane Powers. They were accused of hav… Read More

That was AUSA Abbie Waxman in her opening in United States v. Harrell, No. 1:22–cr– 20245 (SD Fla., Mar. 6, 2023).Why am I quoting a random trial from 2022?  Because Justice… Read More

Judge Pryor, like Justice Gorsuch, has been channeling his inner-Scalia -- willing to rule for criminal defendants.  The latest is U.S. v. Harding (joined by Jordan and Brasher), w… Read More

By John R. ByrneIf you're charged with multiple crimes, arrested and detained, and it later turns out that the authorities lacked probable cause to charge you with at least one of those… Read More

Who is spilling the tea to the NYT;Shortly after Judge Aileen M. Cannon drew the assignment in June 2023 to oversee former President Donald J. Trump’s classified documents ca… Read More

 By John R. ByrneHow many jury questions can a magistrate judge answer if a district judge assigns the MJ to receive a jury verdict and neither party timely objects to that assignment?… Read More

FOR THE DEFENSE -- SEASON 6, EPISODE 2KAITLAN COLLINS Cross examining witnesses is one of the hardest things criminal defense lawyers do.  There's a lot to be… Read More

Jewish-owned business targeted by hateful vandalism. Miami mayor @FrancisSuarez and federal judge Roy Altman show up to help clean it up. Story on @nbc6 starting at noon. pic.twitter.com/ybg… Read More

How much time should Donald Trump receive for his conviction in New York for falsifying business records?What about Hunter Biden in Delaware for being an addict in possession of a firearm?Bo… Read More

U.S. District Courts in South Florida will be closed tomorrow, due to the weather and hazardous conditions. The sentencing hearing in the matter of U.S. v. Frenel Cenat, Case No. 24-CR-6… Read More

 By John R. ByrneThere's now a jury verdict in a case that's been hanging around for years. In a trial up in West Palm, a jury found that Chiquita knowingly funded a Colombian paramilit… Read More

 What's going on in Atlanta state court is insane.  Criminal defense lawyer Brian Steel was held in criminal contempt yesterday and ordered to serve 10 weekends in jail because he… Read More

Congratulations to Judge Becerra.It was a packed house and a really warm event.  Interestingly, all of the speeches were by women.    Read More

 Hooooo boy.  You gotta read this concurrencethis concurrence by Judge Newsom about the use of AI in legal opinions.  It starts this way:I concur in the Court’s judgment… Read More

  FOR THE DEFENSE -- SEASON 6… Read More

 That's what it looks like, according to this DBR article.  Really weird.  The legal community is coming to her defense.  Here's the intro to the article:Prominent names… Read More

 The Heart and Soul of the SDFLA is retiring.  Congrats to Cathy Wade Babyak on an amazing run in the Clerk's Office.  Read More

By John R. ByrneAnother reason to have cameras in the courtroom? Videos like this one. Man with suspended license--who is also facing charges for driving with a suspended license--attends a… Read More

 That was Judge Cannon to the Special Counsel's office in last week's hearing on Nauta's Motion to Dismiss for Prosecutorial Misconduct in the Trump documents case.  CNN has the co… Read More

 Last week the Southern District of Florida held an amazing event celebrating Jewish American Heritage Month.  Judge Beth Bloom moderated a panel that included: Judge Luck, Judge S… Read More

By John R. ByrneA few years ago, star high school quarterback Jaden Rashada was set to play football for the Miami Hurricanes. Then the Florida Gators opened their wallets, allegedly luring… Read More

 Her breakup letter to the Palm Beach Post starts this way:Dear Brightline,How did we get here? When I moved to Florida, I swore off public transportation forever. For years, I enj… Read More

 Oooof, both Justice Alito and Sen. Menendez are blaming their wives.Alito says his wife is to blame for the upside flag flying outside his house.And Menendez says his wife is to blame… Read More

 The judges of the Southern District of Florida met today and voted for our two newest magistrate judges. Congrats to Ellen DeAngelo and Enjolique Lett!!  Read More

 By John R. ByrneThis case feels like it's destined for Dateline. The defendant, David Knezevich, is accused of a bizarre international kidnapping plot involving his estranged wife that… Read More

 Guest Post by Vanessa Johannes That was the message conveyed by the Honorable Nancy G. Abudu, who was appointed to the Eleventh Circuit Court of Appeals in 2023, at the Wilkie D. Fe… Read More

1. It was my first time attending the 11th Circuit conference, and it did not disappoint.  This year it was in Point Clear, Alabama.  It was nice to see the judges without their ro… Read More

 The judges will vote on this list at the next meeting:Ellen DeAngeloChristian DunhamYeney HernandezMarlene Fernandez-Karavetsos Enjolique LettStephanie Turk Read More

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 Here's the release:Judge Embry J. Kidd: Nominee for the United States Court of Appeals for the Eleventh CircuitJudge Embry J. Kidd has been a United States Magistrate Judge for the U… Read More

By John R. ByrneLast July, Florida passed a law restricting certain "foreign principals" from six countries of concern (including Venezuela and Cuba) from owning property in the state. The m… Read More

Wow, how strange.  They aren't refusing to hire students who disrupted class or who signed the silly letter saying to cancel class.  They are refusing to hire all students from Col… Read More

 Here's their statement saying they are too shaken up after the events this week to sit for exams. They are rightfully getting crushed online for the ask. Would you hire them? … Read More

I am very excited to share this bonus episode with you -- an interview with my law school classmate, Judge Kevin Newsom. I think you'll really enjoy hearing from Judge Newsom, who is both w… Read More

 That's not a judge or Justice in one of the Trump cases.  It's how Judge Rosenbaum started her opinion in U.S. v. Victor Hill, but I suspect she was thinking about the immunity ca… Read More

Pundits are already predicting how the Trump jury will decide his case. On MSNBC, commentators are saying that it’s hard to imagine anything but a guilty verdict based on how they see… Read More

By John R. ByrneNice article by Jay Weaver in the Herald yesterday about Darryl Richardson, a man who turned his life around after being sentenced to 30 years in prison by Judge Seitz back i… Read More

If you were giving the opening statement for the prosecution, what would your first line be?And if you were representing Donald Trump, what would it be?I imagine that the prosecution will st… Read More

Guest Blogger Oliver A. Ruiz:By now, you are no doubt aware that Taylor Swift's new album was released at midnight. Unless you don't have a smartphone, radio, or TV. Speaking of TV, som… Read More

That was Sentencing Commission Chair, Judge Carlton W. Reeves.  From FD.org: The bipartisan United States Sentencing Commission voted unanimously today to prohibit conduct for which a… Read More

By John R. ByrneSenator Bob Graham passed away yesterday. He was a great leader for Florida and our country during his years as a state representative, state senator, Governor of Florida, an… Read More

 … so that he can attend his son's high school graduation and the U.S. Supreme Court argument in his case?Despite your views of Trump, isn't this a no-brainer? Why is the judge g… Read More

By John R. ByrneSignificant order entered by Judge Moore yesterday in the racial gerrymandering lawsuit filed against the City of Miami. After holding a bench trial back in January, Judge Mo… Read More

 It's AUSA Michael Berger versus defense lawyer Howard Srebnick.  Law360 has the story on openings:Ecuador's former comptroller on Tuesday denied accepting and laundering $10 milli… Read More

 The NYT has an opinion piece about the issue and starts with a story about our own Judge Raag Singhal:In 1999, a Florida lawyer, Anuraag Singhal, represented a man convicted of gunnin… Read More

 This one was before Judge Rodney Smith, who granted a Rule 29 motion.  Congrats to the defense lawyers -- Sam Rabin and Jessica Duque.  (I am particularly proud of Jessica, a… Read More

 Just an absolute tragedy.  And such hard news to swallow.  Our thoughts go out to Judge Matthewman and his entire family during this very difficult time.  Here is the ob… Read More

By John R. ByrneFor a lawyer, serving as a federal law clerk can be one of the most rewarding (and valuable) experiences of his or her legal career. Every lawyer I've met who has clerked in… Read More

By John R. ByrneAt the end of last week, Judge Moreno sent the plaintiffs in the latest Joe Carollo/City of Miami lawsuit back to the complaint drawing board, dismissing their First Amended… Read More

 Congrats to blogger John Byrne, who was part of the team who heard those two magic words -- not guilty -- before Judge Williams last week.  It was an interesting case involving mo… Read More

By John R. ByrneDisney and the State of Florida appear to have buried their respective hatchets. As we noted in a post a few months ago, Florida prevailed over Disney in a federal lawsuit ar… Read More

 The Feds just raided Diddy's home in Miami, according to the Miami Herald.Federal agents raided the Miami area home of rap mogul Sean Combs, better known as Diddy, reports say. Diddy o… Read More

 That's the title of Justice Breyer's new book, and he's making the rounds promoting it.  This morning he was on Meet The Press.  Here's the NBC report:Former Justice Stephen… Read More

Can’t Touch This: SCOTUS Unanimously Decides That Inconsistent Acquittals Bar Retrial.                 … Read More

 The legal community is abuzz with this David Lat report that two of Judge Cannon's law clerks have resigned:Judge Cannon has had at least two law clerks quit on her, according to mult… Read More

 CONGRATULATIONS.Here's the WH Press Release:Detra Shaw-Wilder has been an attorney in private practice at Kozyak Tropin & Throckmorton in Coral Gables, Florida since 1994, rising f… Read More

The Complaint is available at this link. The case has been assigned to Chief Judge Altonaga.  Lisa Willis, from the DBR, covers the lawsuit here:Former President Donald Trump sued ABC a… Read More

 SCOTUS ruled that "and" means "or." It's pretty wild.The 11th Circuit, apparently more honest and less conservative than SCOTUS, previously held that and means and.The Supreme Court ca… Read More

 Looks like it’s an amazing trip.  The Jerusalem Post covers it here:A delegation of 14 US federal judges arrived in Israel on Sunday for a week-long educational tour on the… Read More

The blog has addressed this question a bunch of times and it's time to ask it again in light of what happened before Judge Wolfson in state court.  Here's the AP coverage, and Rumpole c… Read More

That's her with her children and Chief Judge Altonaga. That means all three new judges are in and working.  Congratulations again to all three!Cases will now start getting transferred.L… Read More

 It's really hard to believe, but the Supreme Court forgot to wipe the metadata from the Trump opinion that came out yesterday.  Internet sleuths found that the three liberal Justi… Read More

By John R. ByrneFor you First Amendment scholars out there, the Eleventh Circuit just granted re hearing en banc in McDonough v. Garcia, 90 F.4th 1080, 1086 (11th Cir. 2024). The case involv… Read More

 First, a big congrats to our three new judges.  Jackie Becerra, David Leibowitz, and Melissa Damian were all confirmed this week.  And Judge Becerra was sworn in yesterday, w… Read More

1. Jackie Becerra is up for a full vote at 11am. 2. David Leibowitz is expected to be up for a full vote at 2pm. 3. Melissa Damian is expected to get a cloture vote next week. … Read More

 That was Judge Bob Scola at the plea and sentencing of Philip Esformes.  The Herald covers it here:A South Florida businessman pleaded guilty on Thursday to stealing millions of d… Read More

 From the court's website; applications are due 3/31.The Judicial Conference of the United States has authorized the appointment of two full-time United States Magistrate Judges for the… Read More

 I'm told that Jackie Becerra and David Leibowitz will get floor votes as early as next week. They should both get sworn in shortly afterwards. Whoever is sworn in first will get the op… Read More

By John R. ByrnePresident Biden may have pardoned Alex Saab, a Venezuelan businessman and Maduro supporter who conspired with others to inflate the price of food and medicine during a hunger… Read More

Judge Nancy Abudu being sworn in as our newest 11th Circuit judge I am very excited to share this bonus episode with you -- an interview with our newest 11th Circuit Judge, Nancy Abudu… Read More

1.  What did you think about Fani Willis' demeanor on the stand? Fani Willis: "I probably had some choice words about some of the things that you said that were dishonest within this m… Read More

Breaking News Update:  Looks like we will have some new judges pretty soon as the Senate is moving forward.  From its Twitter account this morning:Vote scheduled: At 5:30pm, on Mon… Read More

 Oh, you gotta like it when the states say the feds are messing things up.  This time it's about guns.  From Reuters:The Hawaii Supreme Court has upheld the state's laws that… Read More

Big argument at 10am this morning for the future of our country. Politico dives into the six actual legal questions that are presented here:Just 109 words.Whether Donald Trump can legally r… Read More

 That's Judge Charles Wilson in his interview with the DBR, available here, about taking senior status (which this blog broke at this post).  Here's a snippet of the interesting ar… Read More

By John R. ByrneThe City of Miami has been dealing with quite a bit of litigation in recent years, including defending against claims that the City helped Commissioner Joe Carollo exact reve… Read More

By John R. ByrneGovernor DeSantis scored a victory yesterday in the Northern District of Florida. Judge Allen Winsor dismissed Disney's First Amendment retaliation lawsuit against the Govern… Read More

By John R. ByrneUpdate on the racial gerrymandering case brought against the City of Miami. Trial testimony concluded yesterday. At issue are now "updated" voting maps, which have been chall… Read More

By John R. ByrneNot SDFLA news or even news from the federal court world. But still worth covering. The judge in the Alex Murdaugh murder trial denied Murdaugh's request for a new trial. Mur… Read More

Most judges will tell you that they don't want to be the story and don't want to make news.  Especially federal judges.  Yet Judge Lewis Kaplan was front and center in the Trump ca… Read More

 The University of Miami has a great article about Andy Adler here:Assistant Federal Public Defender Andrew Adler sat third chair in a Supreme Court case back when he was an attorney a… Read More

 He sent the letter to President Biden today and will be taking senior status effective 12/31.  That means President Biden will have the opportunity to nominate someone for that se… Read More

 That's the title of this Hill article by Max Burns.  From the intro:Back in his 2020 run for the White House, Joe Biden won over the skittish left in part because of his willingne… Read More

Good luck to our SDFLA nominees -- Jackie Becerra, Melissa Damian, and David Leibowitz.All 3 are expected to get through the committee... then on to the full Senate.  Let's go!I re… Read More

By John R. ByrneNot from our district but notable. Judge Mizelle from the Middle District of Florida dismissed an indictment charging a defendant for possessing a firearm in a federal facili… Read More

 ...in his excellent newsletter Original Jurisdiction here.  You all should subscribe.  It's worth it.  Here's the section on Judge Newsom: Judge of the Week: Judge Kevi… Read More