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THURSDAY NOTES

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The Fed listcourtesy of SDFL, here are the interviewees for two open Federal judgeships:  Beatrice Butchko, Jack Tuter, Jr., John Thornton, Jr., David Haimes, Thomas Rebull, Mary Barzee Flores, Martin Bidwill, Daryl Trawick, Jeffrey Colbath, Darrin Gayles, Robin Rosenberg, Migna Sanchez-Llorens, Meenu Sasser, Veronica Harrell-James, Beth Bloom, Barry Seltzer, Peter Lopez.  Interviews are September 17th ...

Bullies on the Bench - click the link for Douglas Richmond's 2012 Louisiana Law Review article dealing with everybody's favorite topic (at least around here) ...

Mystery Solved? - remember the affidavit Marc Gold referred to when he refused to appoint Mike Brannon?  Well, we think we've solved the mystery.

To refresh your memory, here's what Gold said in open court last week, after Brannon's name came up on a court appointment registry for psychologists:

THE COURT:  I want on the record that I do not appoint Dr. Brannon. (11-12)

THE COURT:  I want on the record regarding a false affidavit -- that he lied under oath.  Go ahead. ... (14-15)

At the time, rumor had it the mysterious affidavit had something to do with a conversation Gold and his wife Barbara Heyer had with Brannon at the late, great Stanton Kaplan's funeral. And now there's this transcript  from a Sentencing Hearing shortly after the funeral, containing an Affidavit by Brannon concerning just such a conversation, which may explain how the dispute arose.

It seems Heyer had tried a case up in Palm Beach before Steve Rapp, with Brannon appearing on behalf of the State, testifying as to the accused's mental capacity at the time of the crime.  Long story short, The Gold/Heyer's believe Brannon raised some serious concerns at the funeral regarding the Defendant's mental state during trial, which Heyer believed had to be addressed by Rapp. 

After the parties were notified as to the issues presented, the Affidavit was sworn to by Brannon on the morning of the Sentencing Hearing memorialized in the linked transcript, which contradicted what the Gold/Heyer's believed they had been told at the funeral.  Gold then appeared with Heyer as a stand-by witness at the Sentencing Hearing later in the day, in opposition to Brannon's statements in the Affidavit
From page 546 of the transcript, lines 16-20:

Ms. Heyer: I received an affidavit this morning from Mr. -- from Dr. Brannon that does not comport with that conversation. Judge Gold is here solely for the purpose of testifying to what he recalls Dr. Brannon stating.

Unfortunately, Rapp refused to allow testimony by Gold or additional testimony by Brannon, and the rest, as they say, is history. 

We may have got some of this wrong procedurally, so be sure to read the transcript and Affidavit, which can be found on page 13 of the PDF (after page 553 of the transcript).  There's no question there's some type of serious factual dispute going on, made all the more interesting due to one of the parties being a well-respected, long-standing circuit court judge.  And it most certainly seems to be what Gold is referring to in last week's transcript, unless there's yet another highly entertaining Affidavit floating around out there authored by Brannon concerning Gold and Heyer ...

Coming Soon - Scheinberg in the House; What Belanger actually said, and did ...

BBeat - "Vagina Justice" (JAABLOG)


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