Wednesday, August 23, 2017

Federal Judge Issues Entertaining Order Denying a Government Request for a Continuance so an Agent can watch the Eclipse ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1



Monday's (August 21st, 2017) full solar eclipse was, scientifically speaking, truly a once in a century event...




but it was not significant enough to delay justice, at least not in the Courtroom of United States District Court for the Middle District of Florida Judge Steven Merryday (who is pictured below).




Judge Merryday was assigned the case of United States v. Joseph Bishop (case # 8:17-cr-266-T-23JSS - where the Defendant was set to stand trial on the same day as the eclipse for allegedly unlawfully transporting firearms) and prosecutors filed a Motion seeking to postpone the trial because an essential to the case government witness, a Bureau of Alcohol, Tobacco, Firearms and Explosives Agent, had booked travel plans to see the solar eclipse. 




Judge Merryday denied the government's request, and he did so in a what many lawyers would deem a spectacular fashion, by way of an amusing and witty 3-paged written Order (pictured below) that was issued on Friday, August 18th, 2017.  




Judge Merryday quoted Star Trek, stating that the U.S. Attorney who had filed the Motion "boldly moves (where no AUSA has moved before)".



After explaining that "The solar eclipse is no longer mysterious, supernatural, foreboding or ominous" and that "[a]n eclipse is just another astral event, precisely predictable since the day the Babylonians discovered the governing formula", Judge Merryday opined that "[c]ruel fate has dictated that the August 21 eclipse will occur during the trial of an action in which the agency is a principal participant on behalf of the United States."




Judge Merryday effectively scolded the government by stating that the prosecutor's motion had proposed to "subordinate the time and resources of the court, of the opposing counsel, of the witnesses and of the jurors to one person's aspiration to view a 'total' solar eclipse for no more than two minutes and forty-two seconds."


Judge Merryday's Order cites lyrics from the Carly Simon song "You're So Vain", possibly because the Judge is a fan but more likely because the lyrics include a line about flying to witness an eclipse ("Then you flew your Learjet up to Nova Scotia to see the total eclipse of the sun").




But a significantly more personal message was delivered to the government when Judge Merryday later referred back to the Carly Simon tune writing: "This time, unlike Carly Simon's former suitor [referring to Warren Beatty], whose 'horse, naturally won,' this bettor's horse has - naturally - lost. The motion is DENIED." 




Memo to the Folks:  We who serve in the 3rd branch of government take the law business seriously, but a little levity never hurt anyone. Still, anyone who knows anything about the federal court system (which should include every Assistant United States Attorney) knows that (unlike in State Court, which is traditionally significantly more flexible) all but necessary delays are not tolerated.




When it comes to the subject of "Cops, Courts and Constitutions" you should always have a skilled and experienced criminal defense attorney who is focused on serving your interests.  While we can't stop the cops from arresting you, as your legal counsel Michael A. Haber, PA will ensure that your rights are respected from the moment that representation begins and that any abuses which may have occurred beforehand are remedied.


At Michael A. Haber, P.A. "Its all about reasonable doubt"!


Michael A. Haber, Esq. is prepared to speak with you about your case!


Cell: 305-798-2220; Office: 305-381-8686; Toll Free: 1-888-SHARK-8-1


THIS BLOG POST (AS ARE ALL OF HABERPA BLOG POSTS) IS A PUBLIC SERVICE ANNOUNCEMENT WHICH IS PRIMARILY DESIGNED, BY WAY OF REAL WORLD EXAMPLE, TO ASSIST THE GENERAL PUBLIC IN AVOIDING CONDUCT WHICH COULD FORESEEABLY RESULT IN ARREST AND PROSECUTION!  


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