Florida Judge Allegedly Threatens Public Defender, Challenges Him To A Fight, And Then Attacks Him Outside Courtroom

Unknown-1gavel2If the judges over in Broward County are having trouble staying sober, it appears that anger management may be the challenge for judges in Brevard County, Florida. Judge John Murphy has been accused of saying that he wanted to throw a rock at a public defender and then saying that he wanted to meet him behind the courtroom to “beat your ass.” According to public defender Andrew Weinstock, he proceeded to try to do precisely that. However, no criminal charges have been brought against Murphy and there is no reported judicial discipline proceeding.


Murphy was allegedly upset that Weinstock would not get his client to waive his right to a speedy trial. In the video below, he tells Weinstein “You know, if I had a rock I would throw it at you right now.” He then told Weinstock to “Stop pissing me off. Just sit down.” Then it allegedly went from insulting to gladiatorial with Murphy quoted as saying “If you want to fight, let’s go out back and I’ll just beat your ass.”

The two then left the courtroom. While the two could not be seen, the courtroom camera captured sounds of a scuffle and loud thuds — even producing applause from the courtroom when the fighting seemed to end. It would seem like an April Fool’s joke but it wasn’t April and it was no joke.

In the video, Murphy clearly loses his sense of control and decorum. Weinstein seems to agree when the judge asks him to step outside and immediately follows Murphy. However, Weinstock’s supervisor Blaise Trettis, public defender of the 18th Judicial Court said that Weinstock thought that they were going to just talk things through but that “immediately upon entering the hallway he was grabbed by the collar and began to be struck. There was no discussion, no talk, not even time for anything. Just as soon as they’re in the hallway, the attorney was grabbed.” Two deputies reportedly broke up the fight and Weinstein was reassigned and Murphy went back and retook the bench to continue with cases.

The question is, if Trettis and Weinstein maintain that this was an unprovoked attack, why was there no criminal charge. Fights in courthouses are routinely treated more severely than other assaults. Moreover, if Murphy did make these statements, it is clearly a violation of judicial ethics. What makes that violation even more egregious is that it was allegedly over pressure to get someone to waive a constitutional right.

I assume that judicial discipline will come but I am curious as to how the deputies concluded that no criminal act occurred.

John C. Murphy was elected in September of 2006 and re-elected in 2012 for a term that expires on January 8, 2019. He is a graduate from the University of Dayton School of Law. Before taking the bench, he worked at his father’s law firm, Betten, Murphy & Weiss, Attorneys, P.A.

Source: WFTV

60 thoughts on “Florida Judge Allegedly Threatens Public Defender, Challenges Him To A Fight, And Then Attacks Him Outside Courtroom

  1. Wow! Unbelievably unprofessional. No wonder public defenders always seem to talk their defendants into pleading guilty or no contest even when they are innocent. Kudos to this public defender.

  2. This judge needs to be removed. This defendant and anyone else represented by this attorney isn’t likely to get a fair hearing in front of this judge.

  3. To begin with, we must call this incident what it was. This was NOT a fight. This was an ASSAULT.

    The judge not only threatened the public defender (because he refused to talk his client into giving waiving his constitutional right to a speedy trial) but worse, then the judge threatened to kick the attorneys ass.

    The judge further taunted the attorney asking him to follow him outside. Once outside of that court room and inside the judge’s chamber, the judge closed the door and proceeded to assault the attorney.

    The judge had one hand on the attorney’s person to hold him in place and with the other hand, he repeatedly punched the attorney in the head. Why did the court room applaud? Because they foolishly thought it would positively affect their cases.

    The public defender had previously and recently told his supervisor, Blaise Trettis that the judge had been intimidating him. Mainstream media repeatedly states that the two men had a fight. They did not. This was an assault by John C. Murphy on the person of Daniel Weinstock.

    The attorney, Daniel Weinstock was assaulted by judge John C. Murphy. The attorney did not return any blows. He was hit several times in the head and he never returned any blows.

    And what’s worse is that the reason behind why the judge beat the public defender, was because he strongly insisted that the public defender, convince his client to give up his constitutional right to a speedy trial and the public defender refused. The judge then physically pummeled the attorney.

    This was NOT a fight. It was an ASSAULT.

  4. Reminds me of a magistrate we had who temporarily sat on the bench while the people of Parker County had time to elect a real man to the job. Today Trey likes to call himself a judge but a temporary appointment falls short of being duly elected by the people. Trey Loftin thought he could change the constitution and would tell citizens from the bench that they had no constitutional right. When the election time came, Trey Loftin said it was his way or the highway. The people of parker County said, “Hit the road Trey, and don’t you come back no more, no more, no more , no more!!!” That is why we elect judges in Texas, so we can get rid of the bad ones.

  5. Clearly none of this behavior is excusable and the judge should be appropriately dealt with but I would really like to have the previous 30 seconds of this video. From the tone of the exchange at the very beginning it seems there was a severe lack of decorum by the public defender as well.

  6. Another example of the trend in our “justice system” that allows government officials to do with impunity and immunity, it appears, that for which an average human would suffer imprisonment and loss of employment. If the judge was not the aggressor in the matter you can be sure the attorney would now be in jail for assaulting him.

    The judge should be prosecuted and subject to judicial discipline and the officers who allowed him to get away with this should be fired.

  7. gentlemanguy, As a fellow Texan, I have to protest about our ability to remove bad and corrupt judges. Thanks to the GOP, we still have the worst judge in Texas history as Chief justice of the Court of Criminal Appeals, Sharon Keller. The system is NOT working at all. It is a sad commentary on the GOP that they have not removed her or even had some more qualified persons run against her. It seems that they WANT such people as these kinds of judges.

  8. Ditto, all of the above. The racism, misogyny, bigotry of all kinds, favoritism in favor of the wealthy and corporations,, and the blatant anti-contitutionalism of the system is so apparent in the civil and criminal “justice” system for all to see if they have eyes and ears to hear.

  9. A public defender has a duty to defend the public. A fist fight is part of the duty. He should have cold cocked the judge and left him on the corridor floor. Then kicked him in the groin for trying to take away his client’s rights. They need a big burley PD in that county. If you are gonna be a bear, be a grizzly.

  10. Jeez. In case you observers have failed to observe, there is a good chance the high number of problems with judges in Fla. can be traced to education. Check out the law schools of these elected judges. Notice how many went to schools you never heard of? Unranked schools. Do You Think this has a correlation? Yes it does.

    Now, if it’s a cause is a separate matter, and can be looked at on a one on one basis. But there are well over 100 ranked law schools in the US. Why are so many (elected) judges in, esp. S. Fla., from schools that are unranked? It’s not whether they are good or bad people, but do you want someone who pulled a 2.9 GPA as a Criminal Justice major at Rollins College, and got a degree from a private law school ($$) that accepts almost anyone interpreting the law?

    When you go to a law school that “teaches for the Bar” you are not considering folks who sat in classes for 3 years at Yale. Or even Washingon & Lee or American. Or even U. of Richmond or Catholic Univ. These are people who didn’t do well educationally. They are not bad, evil, etc., but they are the folks in college you didn’t think very bright. And now they are judges.

    People on this site, and Turley, talk about many issues in American Law. But the proliferation of attorney’s from law schools that are jokes is a major problem. And what is done about it- the accreditation of more such schools? A law school aimed at black students, a law school aimed at Hispanic students. How about we do the same for doctors (M.D.’s)? Why is education for a veterinarian much, much more credible in the US than for an attorney?

    This can be done the right way. Florida Internstional University’s law school is a case in point. Get good people, go slow, build a reputation, start out with small classes and be patient. Within 15 yrs FIU has built itself into a respectable, ranked law school. No matter to whom it was designed to cater.

    Instead: put up some money, find lawyers who want to be called professors, go heavy on adjunct faculty, and accept 300 people into every class. Use those political connections, etc. & get accredited. What is 300 x $45,000? Yeah, doesn’t take too long to make back the original investment.

    Just because law has entered a down phase means little. Instead of 300 x $45,000, it can be 175 x $45,000. As long as the really expensive fixed expenses have been paid (building, library) that $8m./yr coming in will hold the schools quite well while they wait out a decade or two of a downturn. Even in those bad times some “university” will be clearing $1m-$2m every year.

  11. This is certainly a case of judicial misconduct. As for the criminal matter, the public defender probably did not want to press charges.

  12. Florida again. Along with the Duke incident, the baby in Georgia, the botched execution in Oklahoma and anything in Texas, I’m beginning to think that Mr. Lincoln did us all a disservice by not allowing the South to succeed.

  13. I assume someone already mentioned ‘Florida.’ As a stand your ground state, maybe the next devolutionary step in the justice system is duels; choosing from fisticuffs, swords or guns? Might save the Florida taxpayers some prison costs and add to the state’s tourism bounty.

  14. As a public defender, I resent the comment that public defenders pressure our clients to plead guilty. I, personally, have never pressured a client to plead guilty. The fact that you see us handle lots of guilty pleas, is because we handle lots of clients. I would venture to say we settle a comparable rate of cases with guilty pleas as the private bar. You really should quit propagating an ugly myth that can’t be further from the truth.

  15. JT: “It would seem like an April Fool’s joke but it wasn’t April and it was no joke.

    Ah but there WERE two fools.

  16. I agree with the comment about his law school. University of Dayton, Thomas Cooley, and some others should throw up some red flags about whether one is intellectually up to the difficult task of being a judge.

  17. I was “encouraged ” to plead guilty to a DUI case in order to have the charges lessened to reckless driving because a trial would not end with anything but a DUI. Palm Beach County Florida is known for judges to accept police reports which are the truth mixed in with something the police thought would bring a conviction, in other words they lied. The judge never questioned it. The prosecutor was overjoyed with my plea, which ruined my life emotionally and financially. I am fortunately,I thought, glad to have not seen the inside of a courtroom in many years, so I was unaware of what was taking place and the P.D. was no help in explaining things.

  18. It is difficult to get information on candidates before an election in Brevard County. It is in the local newspaper today but I bet you won’t see it in 2019.

  19. Criminal Defense attorneys sometimes are challenged by the presiding judge. It is our job to represent our clients zealously and handle the adversity. We have to protect our clients, make a record and defend their constitutional rights.

    Public Defenders do the majority of criminal defense work in this country. I’ve read it’s somewhere around 80% of all criminal defense cases prosecuted in this county. The minority of cases are defended by the private bar. They generally are overworked and underpaid and subjected to unfair criticism that they are somehow less advocates that the private bar.

    We have a great Public Defender system in KY: The Department of Public Advocacy and the Louisville Jefferson County Public Defenders Office. Kudos to all criminal defense attorneys that “stand their ground” and protect their clients. We are the last protectors of the constitution.

  20. Annie – aliens are already at Area 51. My goodness, you really need to keep up with the news.

  21. Warspite wrote: “In case you observers have failed to observe, there is a good chance the high number of problems with judges in Fla. can be traced to education. Check out the law schools of these elected judges.”

    It is my understanding that in Florida there are no educational requirements to be elected as a judge. All you have to do is swear that you have read and understand the requirements of the Florida Code of Judicial Conduct, and then you basically just meet the requirements set by the supervisor of elections.

    http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100-0199/0105/Sections/0105.031.html

  22. Public defender Andrew Weinstock is clearly the guy I want for my defense!

    He knew the prosecution was lazy and unprepared for a trial and felt he had a good chance of clearing his client. Good for him. Apparently the judge was also lazy and unprepared. Shame on him!

  23. Heather Estes wrote: “As a public defender, I resent the comment that public defenders pressure our clients to plead guilty. I, personally, have never pressured a client to plead guilty.”

    Heather, I am glad to hear you are a public defender who does not pressure your clients to plead guilty. Many public defender’s tell their clients, even when they are being told that their client is innocent, that even if they are innocent, it is much easier to just plead no contest and get out on probation. They are assured that they are not admitting guilt, just agreeing not to fight the charge. They are told that if they choose to go to trial and they don’t have bail money, then they will have to stay in jail weeks or even months until their trial, and if they lose, they will face a long prison term. They are told, on the other hand, “if you plead no contest, you will go home today on probation.” It sounds like a sweet deal to most poor people. All they want to do is go home.

    What they are not told is that if they are caught with a beer in their hand, fail a urine test, miss meeting their probation officer because they don’t have the monthly fee, or some other way of violating their probation, then off to prison they go. They also are not told that they will no longer qualify for public housing. I work with a lot of homeless and poor people, and so many have had their lives ruined over pleading no contest. I know one young man who simply interrupted a city council meeting. He plead guilty in exchange for 3 years probation. Later that month, they caught him with a beer in his hand, so the probation changed to 3 years in prison. He did the time.

    What I wish is that public defenders started with the basic question: are you innocent or are you guilty? Then they should tell their clients that if they are innocent, they should plead innocent. But if they do that, then these are the risks. Very few public defenders take this approach. I hope you do. So many times they tell me that the public defender never even asked them about their innocence or guilt. They tell them it doesn’t matter.

    I’m working with someone right now that is having a very difficult time getting housing because she pled no contest to a beefed up charge more than ten years ago because she would not tell the policeman what he wanted to know about a neighbor. Another person I am helping spent 7 years in prison for a similar situation, where she would not inform on her boyfriend. All the time, poor people plead no contest with no idea how that plea will haunt them for the rest of their lives when they seek housing and jobs.

  24. America is now a third rate nation, immoral and hedonistic to the core. To make matters worse, those who have real power (such as the blogger’s author and other attorneys who post here), do nothing but whine and pocket their huge fees to live behind gates in lush communities. Never any talk about real action, or about simplifying the court procedures so that one doesn’t need a fortune to carry simple suits forward. Nothing! The robed powers that be and the toady like empty suits without soul nor hearts simply blush at this mayhem (street level thuggery by cohorted college graduates) and blow hot air. I see some here even comment on that we need more levels of bureaucracy and government mandated monopolistic restrictions to entry in the Justice arena to combat this “ass kicking” event when the blogger clearly reveals that this thug is a graduate of a GOVERNMENT MANDATED cohort, such as the one the main blogger teaches at in another state. Perhaps if we had REAL HONEST WORKING FOLKS on the bench and those same honest folks able to represent themselves without the sophistic claptrap pocketing insane fees to access the Wizard behind the Veil, these outrageous suits that pass muster these days (and no longer shock us) would wither on the vine of the sense of the commons, you know us stupid silly hoi poloi.

  25. Here’s good example of some history between these two being conspicuously left out of the story. I’ve never seen a judge jump off the handle this fast and I’ve never seen an attorney jump at the chance to punch a judge so fast. There’s more here. Also, the next attorney should have asked for the judge to recuse himself from further cases. The judge was upset and his impartiality could reasonably be questioned. Elected judges are a mixed bag.

    As for the applause, those folks would have made good Roman spectators and they apparently forgot about the question lawyer John Donne once asked when he heard that death knell tolling in the distance.

  26. Michael:

    “America is now a third rate nation, immoral and hedonistic to the core.”

    ******************

    I have to wonder: if its so bad for you and your family, why do you stay?

    And if you really want to change things,please detail all the “real action” that “Honest Working Folks” (and you, in particular), have done to improve things besides ” whine” and “blow hot air.”

    It’s easy to complain abut problems. Fixing them — that takes work.

  27. Mespo wrote: “Also, the next attorney should have asked for the judge to recuse himself from further cases.”

    Mespo, it seemed to me that the next guy up kind of pandered to the Judge. He had no lawyer because the Judge had just beat him up. The guy complained that he had called the now beat up lawyer twice a week for many weeks and the lawyer never ever called him back.

  28. davidm2575, most criminal lawyers I know would never ask the client “are you guilty or are you innocent?” Most clients will protest their innocence from the first instance. Rare is the client who initially admits to the act. Clients often change their stories. The proper questions in the initial interview are “what can the cops prove?” “Who are your witnesses?”. “Do you want to go to trial or pursue a negotiated plea?” To demand to know if the client is guilty or innocent can put the lawyer into an ethical dilemma regarding the presentation of evidence and testimony should the client tell the lawyer he is “guilty” from the outset and elect to go to trial. It’s TV lawyers who want to hear from the clients’ mouths that they are guilty. The decision to go to trial or take a plea is the client’s not the attorney’s. A client has the absolute. solitary right to make the decision to take the plea, reject it, enter a plea of guilty and let the judge sentence or to go to trial and to take the stand or not if he or she desires. And yes, sometimes an innocent client may feel the the need to plead guilty if it is in his or her best interest. That’s what an Alford plea is all about. Yes, convictions haunt people for the rest of their lives; but it’s their decision to enter pleas and most often it is as a result of making a prior poor decision that got them into the jam in the first instance. I have never seen a revocation in full to prison for the simple possession of a beer. I am a public defender. I don’t pressure clients to go to trial or accept pleas. The decision to go to trial is either my client’s or the DA’s and never mine. I would never discourage a client from accepting a plea offer or attempt to coerce a client into taking a plea. If they ask my opinion, I tell them. Once they decide to go to trial, that’s where my energy goes in preparation and not into trying to persuade them otherwise. I hear all the time that my “lawyer” made me take the plea and blame it on the public defender when in fact, it was not the case, and it was in the client’s best interest to do so. I have had recidivist clients reject reasonable plea offers, go to trial despite overwhelming evidence against them, get convicted and receive life sentences without parole when the offer was for reduced charges and a handful of years in prison. I have also had an innocent man sentenced to death and eventually exonerated.

  29. JUDGE JOHN MURPHY NEEDS TO BE ARRESTED, CHARGED, CONVICTED AND IMPRISONED FOR A LONG LONG TIME FOR THIS ASSAULT.

    This is very clearly an assault–plain and simple.

    He took him out to punch him so it can be done off cameras.

    This is a state and federal crime.

    This criminal in robes needs to be arrested, jailed, convicted and imprisoned for life.

  30. davidm2575:

    Here is an article reproduced from Attorney At Law Magazine, Kentucky Edition, May, 2014 dealing with Collateral Consequences of a guilty plea in Kentucky:

    What Every Lawyer Should Know PRIOR TO Advising Their Client To Enter A Plea Of Guilty In A Criminal Case: Collateral Consequences Of A Criminal Conviction In Kentucky – (2014)

    WHAT EVERY LAWYER SHOULD KNOW PRIOR TO ADVISING THEIR CLIENT TO ENTER A PLEA OF GUILTY IN A CRIMINAL CASE: Collateral Consequences Of A Criminal Conviction In Kentucky …………………………………………………………………………………………………………………. I’m nervous when I see newly admitted lawyers or attorneys who practice primarily civil or family court law make an appearance in a criminal defense case. Sometimes even experienced criminal defense lawyers fail to fully advise their clients of potential collateral consequences that will or can occur upon entry of a plea of guilty to a violation or a crime and sentencing on a criminal offense in Kentucky. The purpose of this article is to acquaint or remind all attorneys that practice even one criminal defense case, that there are collateral consequences that don’t appear on the face of the criminal statute that must be considered. Take some time to ask questions of your client. You are responsible as their counsel and are directed by the Sixth Amendment to provide effective assistance of counsel. This includes advising on the consequences of a conviction. Padilla v. Kentucky, 130 S.Ct.1473 (2010) and Stiger v. Commonwealth , 381 S.W.3d 230 ( Ky. 2012). ………………………… This article is space restricted and does NOT include every consequence. It is meant as a general checklist only to use as a starting point to compose your own checklist to insert in your client file at the initial interview. Ask questions of your client in the following areas to generate a conversation as to what is at stake in addition to their freedom, fines and court costs. Focus grasshopper and ready the fight. ……………………………………………..

    Resources: Making Padilla Practical: Defense Counsel and Collateral Consequences at Guilty Plea, 54 How. L.J. 675, 690 (2011) by Gabriel J. Chin and The Advocate, Journal of Criminal Justice Education & Research, Kentucky Department of Public Advocacy, June 2013: Collateral Consequences Of Criminal Convictions In Kentucky by Glenn S. McClister.

    ……………………………………………………… Kentucky State Court Considerations §RCr 8.08. Pleas A defendant may plead not guilty, guilty or guilty but mentally ill. The court may refuse to accept a plea of guilty or guilty but mentally ill, and shall not accept the plea without first determining that the plea is made voluntarily with understanding of the nature of the charge. If a defendant refuses to plead or if the court refuses to accept a plea of guilty or guilty but mentally ill or if a defendant corporation fails to appear, the court shall enter a plea of not guilty.
    § RCr 8.09. Conditional plea With the approval of the court a defendant may enter a conditional plea of guilty, reserving in writing the right, on appeal from the judgment, to review of the adverse determination of any specified trial or pretrial motion. A defendant shall be allowed to withdraw such plea upon prevailing on appeal.
    “Alford” plea North Carolina v. Alford, 400 U.S. 25 (1970),was a case in which the Supreme Court of the United States affirmed that there are no constitutional barriers in place to prevent a judge from accepting a guilty plea from a defendant who wants to plead guilty while still protesting his innocence. This type of plea has become known as an Alford plea, differing slightly from the nolo contendere plea in which the defendant agrees to being sentenced for the crime, but does not admit guilt; however, the judgment of conviction entered by the Court will have the same legal effect of a “straight” plea of guilty.

    TRAFFIC CITATIONS: can carry points assessed on the client’s drivers license; Google: Kentucky Driver Point System for a list of points per violation; 601 KAR13:025
    EXPUNGEMENTS: not all originally charged felonies nor misdemeanor cases can be expunged after resolution, or when statutorily eligible based on a dismissal; timeframes differ from immediately to 60 days, 2 years or 7 years: seeKRS 431.076, 431.078 and 431.079
    A FELONY CONVICTION cannot be expunged
    J UVENILE COURT CONVICTIONS : don’t go away by themselves at age 18; you need to file a petition and order; see KRS 610.330 and “…and felony adjudications are public records and can never be expunged unless there is a diversion agreement with the prosecution at the time the plea is entered. There is no exception to this rule.”
    DUI CONVICTIONS affect future DUI charge penalties within 5 years; affect automobile insurance rates and premiums, loss of drivers license, felony enhancement for 4th offense: see KRS 189A.010
    Some SEX OFFENSES carry registration as a sex offender; see KRS 17.510 “Almost all sex offenses carry a registration requirement, and the period of time a person must be registered has increased with new legislation every time the law has been amended. Frequently, lifetime registration is required. The statutes are written so that if a person must register, several other prohibitions are triggered: living near schools, childcare centers, etc, and the inability to have any social networking accounts, among other things.” Courts can order HIV testing: KRS 510.320; give a DNA sample
    Some DRUG OFFENSES can be used in the future as a subsequent offender: see § 218A.010. Definitions for chapter (41) “Second or subsequent offense” means that for the purposes of this chapter an offense is considered as a second or subsequent offense, if, prior to his or her conviction of the offense, the offender has at any time been convicted under this chapter, or under any statute of the United States, or of any state relating to substances classified as controlled substances or counterfeit substances, except that a prior conviction for a nontrafficking offense shall be treated as a prior offense only when the subsequent offense is a nontrafficking offense. For the purposes of this section, a conviction voided under KRS 218A.275 or 218A.276 shall not constitute a conviction under this chapter;
    PFO I and PFO II statues increase the penalties: see KRS § 532.080. Persistent felony offender sentencing if your client has prior felony conviction(s); or if your client is currently charged with a felony Class D Felony
    PRETRIAL DIVERSION Program affects the client for up to 5 years until Dismissed-Diverted Order is entered if a background check is performed while in diversion § RCr 8.04. Pretrial diversion
    Chapter 533. PROBATION AND CONDITIONAL DISCHARGE Pretrial Diversion Program: (§§ 533.250 – 533.262) Beware of WAIVERS of appeal and waiver of ability to assert ineffective assistance of counsel in the plea agreement : Commonwealth Of Kentucky, Supreme Court of Kentucky, 2013-SC-270: United States Of America v. Kentucky Bar Association: pending PROBATION:
    Some crimes cannot be probated: see § 532.045. Persons prohibited from probation or post incarceration supervision – Procedure when probation or post incarceration supervision not prohibited; § 532.047. Nonavailability of probation or suspension of sentence to violent offender – Exception ;§ 533.060.
    Probation or conditional release – Effect of use of firearm – Other felonies ;§ 533.065. Effect of person wearing body armor and carrying deadly weapon at time of offense ; “violent offenses ” in KRS 439.3401
    Kentucky Drivers License/CDL: Some offenses carry suspension/revocation of license upon conviction
    Property Seizure/Forfeiture : see KRS 218A.450, KRS 218A.410, KRS 218A.460, KRS 218A.415(3)
    Probation and Parole in Kentucky, see: 501 KAR 1:030. Determining parole eligibility. Some felonies carry parole eligibility of 15%, 20%, 50% and 85%; you should also review the standard conditions and terms of a probated sentence with your client ahead of time.

    Federal Court Considerations Federal Court: Unlike state court, there are presumptions regarding pretrial detention; No parole- most sentences are to serve at 85% service rate; Armed Career Criminal Act; 18 U.S.C. 922(g) gun charges- mandatory minimums; 851 Notices of a prior felony conviction penalties; Mandatory Minimums based on the drug and quantity, economic loss tables in the guidelines; most porno cases-mandatory minimums; Defendants prior criminal record; Criminal History Points- United States Sentencing Commission Guidelines, Title 28 U.S.C. 994 General Considerations

    Effects on Citizenship and Immigration (ICE); Certain crimes have harsh consequences upon conviction ( felonies, drugs & crimes of moral turpitude): 8 U.S.C. 1227Padilla v. Commonwealth of Kentucky, 559 U.S. 356 (2010),130 S.Ct. 1473, 176 L.Ed.2d 284

    IMPACT ON: Student Loans Housing, Public Benefits Programs Possession ofFirearms (State and Federal): KRS 527.040 and federal law: 18 U.S.C. 922(g) Occupations and Licenses Civil Rights; Voting: Kentucky Constitution 145(1); Jury Service KRS 29A.080(2) (e); Passport: 22 U.S.C. 2714; holding public office and denial of ABC license Involuntary Termination of Parental Rights, Adoption/ Effects on Family Court and Circuit Court cases as a “convicted felon”; impact on custody proceedings and pending or future lawsuits DVO/EPO cases: prohibitions regarding weapons Current and Future Employment/Background checks/Criminal Record Checks …………………………………………………………………………………………………………………….. Here’s a good article from the ABA journal on a recent SCOTUS opinion which expanded what qualifies as “domestic violence” for purposes of losing the right to own a gun under federal law. United States v. Castleman, No. 12-1371, decided March 26, 2014: http://www.abajournal.com/news/article/scotus_gives_expansive_meaning_to_physical_force_in_interpreting_domestic-v/ And here’s a link to the ABA website addressing collateral consequences nationwide: http://www.abacollateralconsequences.org/

    Industry Group(s): ATTORNEY AT LAW MAGAZINE, MAY-JUNE 2014

  31. All of the blue collar folks have been whitewashed from the Justice scene and politics at large. Moreover, Congress is now the Millionaires club. While your usual sarcastic response is to kick “the other” out of your country when they notice the Sophists have taken us down the $hit hole, this is my home. While I have no where to go, I notice that many of those in charge of distributing justice to others (while exempting themselves–from cops to prison guards; from sophistic lawyers run amok to drunk and exempt judges–) are retreating behind gates with huge waterfalls out front and guards keeping the riff raff at bay.

    What is to be done? For starters, I can vote. I can vote to get Progressives making policies like forcing Xian bakers (I am an atheist) to undergo “sensitivity training” as if in a communist gulag out of office. I can vote to get this NSA enriching White House out of office. I can vote to get politicians to diminish funds to public schools who refuse to teach the Constitution but teach gender construction instead (as in South Carolina). Lastly, I can use my satirical and hyperbolic voice to shout at those manicured men–many–like the progressive main blogger himself (whom I respect as a scholar but whose conclusions I abhor) who come whining here about the world they have created– to wake up before there is no more retreating behind waterfalled gate houses.

    If it is not done soon enough, there might be a new awakening, and the backlash will send us all back to the middle ages. I like to think of myself as the lone voice trying to hold the pendulum at 6!

  32. you gotta love the comments on the board at warspite i suggest you read up on accreditation more. what it really means is the schools are willing to take the money from the elites to teach what they are told to teach… the schools that are not accredited have refused to take the money and will teach their students what they know as true history and right and wrong hence those schools being demonized and attacked such as what you did. we also need to remember that prisons are now a private industry and as such lawyers whether public or private are given kickbacks to fill up those jail cells along with the judges where else will the elites get such low cost labor? i mean they have already filled up all the legit jobs with illegal immigrants and even they are starting to wise up……..once again begin your research at what HUMAN RESOURCES REALLY MEANS!!!!!!

  33. Holy Cats! I thought “courtroom brawl” was supposed to be a figurative battle of wits!

    Do you suppose that the Public Defender is hesitant to press charges for fear he will get on the bad side of other judges?

    How is this judge fit to adjudicate cases where defendants lost control and broke the law?

  34. Who was the defendant and what was the charge? I cannot seem to find that information in any of the news reports?
    Thanks for your help.

  35. CALL THE CHIEF JUDGE, AND LET HIM KNOW HOW YOU FEEL
    To all
    We should not sit back and tolerate this. This Judge should be remove from his job, without pay. If you want to voice your concerns, see contact info below.
    Eighteenth Judicial Circuit

    Michelle Kennedy, Public Information Officer
    2825 Judge Fran Jamieson Way
    Viera, Florida 32940
    Tel: (321) 637-5355 Email: michelle.kennedy@flcourts18.org
    Fax: (321) 633-2172

  36. To All
    Urge people to call Chief Judge John Harris, to not allow Judge Murphy to be paid for leave, and never to return as a judge again.

    Tel 312 617 7287 Jennifer Pastor is the Judge’s assistant

  37. Michale:

    “If it is not done soon enough, there might be a new awakening, and the backlash will send us all back to the middle ages. I like to think of myself as the lone voice trying to hold the pendulum at 6!”

    ********************

    My, you must have quite a strong back to hold the fate of the entire nation on it. You keep voting those conservative, religious wackos into office and you’ll get the Dark Ages sooner than you think.

  38. mespo727272: (why are you anonymous? Jaron Lanier states, correctly, to beware of those afraid to correspond using at least their real identity; I do on this forum; my name really is Michael.) Here’s my quick response:

    Of course my rhetoric was over-the-top (even silly in its hyperbole). But, what else will shake the revelry of the empty suit responses of Jonathan’s constant blogging about Judicial abuse, revealing a corrupt system from top to bottom. Also, my suggestion of including the blue collar into the manicured male domain has roots in the early American trait of juries deciding not just matters of fact but matters of law. Lastly, god forbid that any one here even remotely suggests revamping the system to get the lawyers OUT OF THE WAY and streamline much of the process to speed it up and make us simple folk actually feel like we have a stake in the system.

    That, of course, can only become a reality when consensual (drugs, prostitution, etc) crimes (oxymoron to say the least) are finally written off the books and the law can focus on violent crimes and property violation.

    In effect, the wonks need a bonk to get out of the cubicle and see the damage done by their good intentions (always the bane of Progressive know-it-all ism)

  39. Michael – mespo is Mark Esposito and is a guest blogger on here, but I had to ask, too. ;) Just from a practical side, what would progressives do if they could not save us from ourselves?

  40. This judge needs to go before the Supreme Court to take responsibility for his words and actions. There should be consequences. There would be if you or I did something like that. The problem with Judges is they think that they are above the law and people on the other side don’t deserve the respect that the law says they should have. Telling people they don’t have constitutional rights! what an ass!!! Good for the prosecutor for standing up for his client and not railroading him/her into doing what the judge demanded he have his client do. That takes balls!!!

  41. Because the wheels of Justice grind slowly, it will take some time for ‘due process’ to catch up to Murphy; and that is assuming the FLORIDA JUDICIAL QUALIFICATIONS COMMISSION follows through with an investigation and a ruling against him. Ditto for the FLORIDA BAR.
    So, by citizens putting enough heat on him, he will resign.

    Judge John C Murphy is a public figure and, as such, he does not have a right to privacy for anything, including his public records.
    Judge Murphy is 56 years old (Jan 1958)
    He lives at 3152 Bellwood Circle in Rockledge, Florida 32955-5111.
    I would publish his phone numbers, but he has recenty had them disconnected.

    This is posted as a public service without malice.

  42. Does anyone know what happened to the client? Did he get a new lawyer? Was he given a trial? Convicted?

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