[UPDATED] Call Charlie Crist at 850-488-7146 and tell him not to pick LaBarga


UPDATE: Unfortunately the Governor made the appointment within minutes of me having posted this. Sorry for the late notice. No one realized LaBarga was a possibility until this morning. We must remember this in the future: Charlie Crist had the opportunity to put a conservative on the Florida Supreme Court and he chose not to.

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Call Governor Charlie Crist at 850-488-7146. Tell him not to appoint Jorge LaBarga to the Florida Supreme Court.

The guy is very bad for conservatives and we need to change Crist’s mind. The appointment could come today, but with some solid push back Governor Crist might change his mind.

Judge LaBarga gave an extremely light sentence to Noel Schultheis, a 34-year old man who lured young boys, some younger than 12 years old, into his house and molested them sexually.  Despite eventually finding him guilty, Judge LaBarga seemed more concerned with protecting the sexual predator than with punishing him; the Judge refused to allow the state to detail Schultheis’s crimes in open court because it could have subjected him to the anger of his fellow inmates who were also in the court.  Judge LaBarga then only sentenced Schultheis to 10 years in what should have been a case resulting in life imprisonment.  Some of Schultheis’s victims won’t even be able to legally drink alcohol before Schultheis is out of prison for molesting them.  (Information gathered in part from re-print of Palm Beach Post article)

Judge LaBarga essentially freed convicted road-rage shooter Vishnu Persad in 2007 when he refused to allow the state to offer evidence of one of the victim’s eyewitness identification during a retrial following Persaud’s conviction by a jury of his peers.  Judge LaBarga refused to allow the second jury to hear and evaluate the eyewitness testimony on which the first jury convicted Persaud.  Judge LaBarga’s bombshell ruling eviscerated the state’s case since eyewitness testimony was the only basis for identifying Persaud as the shooter. Faced with a lack of evidence, the state decided to drop the case and Persaud was freed.  (Information gathered in part from re-print of March 1, 2007 Palm Beach Post article)

In 1994, Judge Labarga successfully represented Clint Albert, the defendant who was charged with murder after stabbing a prostitute to death in a cocaine binge.  He claims he is proud of this case because it was the first time a jury had accepted voluntary intoxication as a total defense to murder.  (Information gathered from Labarga’s application)

Charlie Crist has been on a roll lately undermining conservatives. Behind the scenes, he is trying to drum up opposition to Jeb Bush’s Senate run, not because he doesn’t want another Bush, but because he wants a more moderate candidate.

Adding Labarga to the mix would pretty much disqualify Crist from ever being the GOP nominee for President, let alone anything else.

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There went Crist's chance of being a Republican Prez Candidate

George Claghorn Friday, January 2nd at 11:11AM EST (link)

in 2012.

“Victory comes, though we know not when. We must be happy warriors until the end.

For those of you who struggle with what goes on, who see retreat and capitulation, and who feel like not just your political opponents, but those who hold dear all those things you hold as blasphemous — be cheerful. Be happy. Victory is already yours.

You must just have the courage to not get discouraged and have the will to fight on.” – Erick Erickson at RightOnline

 

What's the standard?

PD Friday, January 2nd at 11:39AM EST (link)

I would have thought that conservatives would care, above all, whether a judge correctly interprets the laws and the constitution. As Jeff Emanuel put it on this blog in criticizing the President-Elect’s statements on judicial appointments, the job of judges “is not to provide justice to Americans — it is, quite simply, to interpret and apply the Constitution, as written.”

Yet not one word in Erick Erickson’s attack on Governor Crist discusses whether Judge LaBarga’s controversial decisions got the law right or wrong, based on the relevant legal texts and precedents. Or does Erick just assume that any decision favoring a criminal defendant is, by definition, wrong?

I'm no lawyer, but any decision that allows a child molester

janis Friday, January 2nd at 11:49AM EST (link)

back out on the streets when he was quite clearly guilty is just flat evil and wrong. You got kids, PD? If so, you want this kind of sick monster free to prey on them?

And being proud of defending someone who killed on the grounds that he couldn’t help himself due to voluntary intoxication? There’s nothing conservative about that kind of mindset. Conservatism says that we are all responsible for our actions.

I am both a lawyer and a father, and...

PD Friday, January 2nd at 12:12PM EST (link)

It sounds like you agree with Barack Obama that good judging requires resort to “one’s deepest values, one’s core concerns, one’s broader perspectives on how the world works, and the depth and breadth of one’s empathy.” That’s fine with me, I guess, as long as you’re consistent about it.

Actually, you're a law professor...

Moe Lane Friday, January 2nd at 12:26PM EST (link)

…from a major American university. We appreciate it when people disclose that sort of thing up front when they’re commenting on issues where there may be a potential conflict of interest.

So actually, I'm kind of wondering the same thing as PD here

Jeff Walden Saturday, January 3rd at 9:53AM EST (link)

…and I don’t know how far back your IP logs go, but you certainly won’t find anything in them on me to contradict what my profile says about me. (This comment won’t really confirm, either, given that I’m back with family over Christmas vacation, but I can’t do much about that now.)

Given that this is all water under the bridge now it might not be a good use of time to investigate more fully, but I’m still sort of curious. If I do end up doing the legwork I’ll try to report back at some point with what I find.

Admittedly, tho, intoxication as a defense to murder does seem more than a bit dodgy on the surface, but driveby glosses never actually capture nuance, and maybe, just maybe, nuance is what mattered here. Still unlikely, but the law’s a complicated beast.

 
 

"Iam both a lawyer and a father..."

janis Friday, January 2nd at 12:26PM EST (link)

Interesting which one of those you put first. And I don’t agree with Obama about what time it is, much less how judges should behave. Erick Erickson is smart enough to know whereof he speaks and whom he’s speaking about when he puts a post on the front page. I trust that he knows whether or not the judge acted constitutionally.

You are the one calling it into question. How about you do the research and tell the rest of us if the judge was on target or just demonstrating his “evolving” on what’s constitutional and what’s not.

 

Where

Wayne Friday, January 2nd at 12:39PM EST (link)

has it been written, except by the Obamunist and his groupies, that judges should resort to “one’s broader perspectives on how the world works”? Personally, I prefer American law, not Somali law, or French law, or German. And where does empathy enter in to not allowing an eyewitness to a shooting to testify at a retrial?
If you are, in fact, a law professor, I can see where our justice system has gone wrong. If this is an example of what is taught in law school, God help us.

“Hell, these are Marines. Men like them held Guadalcanal, and took Iwo Jima, Baghdad ain’t s–t”. Maj. Gen. John F. Kelly, USMC, Deputy CG, First MEF

 
 
 

I have found that most people who start posts with

The_Gadfly Friday, January 2nd at 12:35PM EST (link)

“I would have thought conservatives…” have no idea what conservatives are really all about.

I have also found most people claiming to be lawyers who want to focus on “relevant legals texts and precedents” don’t really give a [insert your favorite explitve I'm not permitted to post here] about them either except as they can be used to undermine what most citizens regard as the proper application of the law.

The scariest thing I ever saw was on the Phil Donahue show back around the time of Ronald Reagan, although it may have been near the end of the Carter years. Some of you may remember all the news stories about a diplomat’s kid in Thailand. The kid was convicted of mass vandalizing of cars and sentenced to be caned in public, as specified by appropriate law in Thailand. Most of the newspapers over here were outraged. And on the Phil Donahue show, this man, who was so in fear of the rising crime at the time stood up and said ‘If what they are doing in Thailand is what it takes to make our streets safe, then we ought to start doing it.”

The incidents outlined by Erick above sketch the portrait of a lawyer who is more interested in getting people out of jail than in upholding the law, and only engage in a sort of legal jujitsu to make the outcome of the case be the exact opposite of the clear text of the law.

We’ve been called racists enough now that it shouldn’t bother us any more.

-AChance, http://www.redstate.com/moe_lane/2009/11/03/what-men-may-do-we-have-done/#comment-24463

If NY23 was a beat down for Conservatives, what do you call what happened to Progressives in NJ and VA?

inspired by ColdWarrior, http://www.redstate.com/hooah_mac/2009/11/04/ny-23-the-agony-of-defeat-not-so-much/#comment-156

 

I'm not a lawyer and I don't play one on TV either!!

From ME to You Friday, January 2nd at 12:40PM EST (link)

But this statement alone disqualifies him in my eyes:

“He claims he is proud of this case because it was the first time a jury had accepted voluntary intoxication as a total defense to murder.”

Free license to kill!! I’m innocent your honor…I was too drunk to realize that shooting him and then stabbing him to death was wrong!!! Yeah….right!

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There was a case in Nashville a number of years ago that involved a drunk

janis Friday, January 2nd at 12:45PM EST (link)

who was driving downtown, lost control of his car and went up on the sidewalk. He killed a young woman who was something like 7 months pregnant. His lawyer also tried to use the “drunk and didn’t know what he was doing” defense. As best I recall, he was convicted. If ever there were a more pathetic defense than that one, I don’t know it.

 
 
 

I wish I shared your optimism...

mikefisk Friday, January 2nd at 12:14PM EST (link)

Adding Labarga to the mix would pretty much disqualify Crist from ever being the GOP nominee for President, let alone anything else.

I dunno… how many deal-breakers did McCain have going for him?

“Once within the maw of Leviathan, degree of digestion is irrelevant.” - Michael Fisk

7.88, -1.97

And you will notice the verve with which disgusted conservatives

janis Friday, January 2nd at 12:40PM EST (link)

are organizing to prevent yet another squish from becoming our nominee in the future. I think that having JMac foisted upon us was the last straw for many of us going forward. It certainly was for me.

 
 

Not sure it matters that he has already "appointed" him

The_Gadfly Friday, January 2nd at 12:39PM EST (link)

Keep calling his office to complain. Bush “appointed” Harriet before she withdrew her nomination. Sufficient pressure on Crist could do the same in Florida. And start calling the people who have to approve the appointment. Let them know that you object to someone who places their personal values over public safety and the proper roll of the legislature in establishing the laws that ensure that public safety.

We’ve been called racists enough now that it shouldn’t bother us any more.

-AChance, http://www.redstate.com/moe_lane/2009/11/03/what-men-may-do-we-have-done/#comment-24463

If NY23 was a beat down for Conservatives, what do you call what happened to Progressives in NJ and VA?

inspired by ColdWarrior, http://www.redstate.com/hooah_mac/2009/11/04/ny-23-the-agony-of-defeat-not-so-much/#comment-156

 

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