Monday, March 16, 2015

WARNING -- I Know Nothing About Criminal Law!


Other than booking my crim pro class in law school.

But I do know something about the 3d and PCAs:
Two years ago, a jury chose not to commit Miami-Dade serial rapist Juan F. Vega to indefinite locked-down confinement after he finished 25 years in prison.

Despite the jury’s verdict, a judge nevertheless shipped Vega off to a secure therapy center for sexual predators — a legal first that drew indignation from defense lawyers.

Last week, a Miami-Dade appeals court upheld the decision of the judge, meaning Vega will remain at the Florida Civil Commitment Center in Arcadia. And because the Third District Court of Appeal did not issue a written opinion, defense lawyers will have a tougher time appealing the ruling.

“We’re committing Mr. Vega despite the fact that a jury said let him go,” said his defense lawyer, Andrew Rier. “And to not issue a written opinion is an injustice.”

The decision of Miami-Dade Circuit Judge Migna Sanchez-Llorens was believed to be the first time in Florida that a court has sent a convicted sex predator into civil confinement over a jury’s verdict.

The Third DCA’s decision on Wednesday came just two weeks after a panel of judges heard oral arguments on Vega’s case.
"Injustice" Mr. Rier, have you read the 3d's decision?
Before ROTHENBERG, LAGOA, and FERNANDEZ, JJ.
 

PER CURIAM.
 

Affirmed.
Come on -- what more could a hungry public want?

Now, would it have been helpful to offer guidance and legal reasoning/authority so that trial judges could benefit from applying the precise legal rationale to similar fact patterns in the future?

You know, that whole stare decisis thing we used to hear a lot about in law school?
 
Rump, help a brother out here.

4 comments:

  1. You should watch the online video of the oral argument. The OA has highly contentious, much discussion about meaty legal issues. This was not an easy case, it was a very close call on an issue that needs to be addressed and resolved by the Supreme Court of Florida....yet the 3rd DCA is trying to avoid review of its decision. They should grant en banc review.

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  2. This post makes me want to take the rest of the day off so I can vape and watch Legally Blond.

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  3. Just Another InternMarch 16, 2015 at 8:01 PM

    I'm starting to think criminal appeals are pointless.

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  4. I'm starting to think the same for civil appeals against a bank or insurance company. Somehow, they are always right.

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