State Attorney's office is claiming that I never filed the transcript for my appeal
Almost two months after filing the entire transcript of my trial in order to get my appeal reviewed by a panel of three judges, the Miami-Dade State Attorney’s Office filed a motion to dismiss my appeal on the grounds that I never filed the transcript.
Dumb asses obviously never checked the court records that would prove that I did file the transcript.
I learned today that I was supposed to send the State Attorney’s Office a notice of filing, which of course, was never mentioned in the Pre Se Appellant Handbook, which is compiled by The Florida Bar.
But I’ve also learned that they should have notified me before filing the motion to dismiss in an attempt to clear up any misunderstandings.
My excuse is that I’m pro se. I didn’t know any better. The extent of my law training were the countless hours I spent in the University of Law library preparing my appeal.
What’s their excuse?
That they are just trying to take advantage of a pro se appellant?
Well that much is obvious. All one has to do is take a look at the State Attorney’s response to my original brief to see that they were unable to argue the merit of my argument, so they decided to focus on the fact that I did not follow proper legal procedure (filing the entire transcript), which I ended up doing because the law gives me 30 days to do so (which was enacted to protect pro se appellants).
Now I have to file an opposition to their motion by Monday in order to get it on the record that I did file the transcript, even though it should already be on the record.
After all, wouldn’t the court have already dismissed my appeal?
It took the court less than two weeks after the first time I filed my appeal to inform me that I needed to file the entire transcript. So I would think it would have taken them that long to inform me that my appeal had been dismissed had I not filed the transcript.

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Comments
scumbags!
i love the notary stamp. That’s going to make them look really stupid in your closing arguments during your appeal. (and yeah, you can bring it up, i’m pretty sure… it shows a lack of oversight and communication and blah blah blah)
Carlos,
Is it odd to you that Iggy Jr. got an advanced degree in Ocean and Coastal law from UM? Doesn’t seem like the specialty you would choose if you were interested in pursuing a long term career as a prosecutor, right?
Is it just me or does it look like he is putting in his time and getting his boxes checked before leaving for the private sector ASAP?
If my count is correct this is the second time he has failed to notify you about something extremely pertinent to your case.
How do you get the attention of Iggy’s boss (Rundle?) and let her know of his lack of propriety about handling the paperwork for his cases?
What a crock. The state most certainly has to certificate you as a pro se appellant of any pleading it files, standard procedure. Now you see what happens when anyone files pro se against the state. It uses procedural rules, of which it is cognizant, to smash the opposition. Makes me sick.
Or will they say ignorance is not a defense? The law has a way of working out in it’s own favor in this town, or haven’t you been able to tell by now?
I have personal gripes with KF-R. She’s chummy with my son’s father’s family which seems to have worked out well for him since he’s avoided any kind of enforcement on a child support case through her office- a case which has been delinquent since September of 2004. Think there’s ever been a writ, lien or prosecution of any type like the State Attorney’s boasts they do ‘swiftly within 30 days of a delinquency’? Nope, not even a DL suspension- not even after the guy was arrested for a DUI and drug possession, which he was also not prosecuted for. I threw in the towel in 07 ‘cuz KF-R’s office always has the last say regardless of what the law says.
I understand you’ve pursued this based on principle, but I think you’ve wasted enough of your valuable time and talent on our piece of shit, local law enforcement and their usurping of authority. It’s a legal system pal- not a justice system and one look at KF-R’s own sons’ criminal histories proves it.
I think your efforts may be better served trying to garner support towards opposition of her reelection. At least, I’d be the one holding the biggest sign if you did that.
Mama,
You have quit on your son as it is his money you are giving up on. Do not encourage others to accept your pessimistic view on life’s challenges.
Carlos, have you considered that this may be a good sign?
Your appeal is on target, presents a solid argument, is backed by prior case AND constitutional law . A procedural dismissal maybe the only thing they have.
Do you know if the requirement to notify the defendant of the filing of your full transcript is codified somewhere or ?
Give them hell, Carlos!
(More hell, anyway.)
John:
Judge much?
FYI- the case is still open and the money accumulates but like the State Attorney’s office told me: they ‘can’t make him pay.’
I simply realized after 3 years that my time was better served with my son or working to provide for him myself, instead of wasting it in multiple county offices arguing to get a couple hundred dollars monthly- and my son is a happier kid for it. Yes, he deserves to be supported by both parents and blah, blah, blah but ultimately, it boils down to my son not being a paycheck; in any event, if I couldn’t support a child, I shouldn’t have opened my legs and decided to focus my efforts there accordingly instead. I’d hardly call that quitting on him but I can tell that you see money as the important parenting factor so you might not get it.
I have the pleasure of knowing Carlos personally. Having worked with him, I know his talents far exceed a blog about his valid, personal gripe with an entity known to be openly corrupt and primarily untouchable. Unfortunately our local law enforcement and judicial system is polluted with so much cronyism and cover-ups that it’s clear that he’s going to get no where. Just look at how they keep fucking with him.
Does he have a right to clear his name? Hell yeah! But clearly judges interpret the laws as they see fit and just like the police manipulate the laws because le sale del culo, so do judges. If not, the pigs who violated him and damaged his property might not have usurped their authority or maybe the judge who presided on this case would have followed the letter of law accordingly instead of basing his ruling on his contempt for Carlos’ blog.
I know Carlos has suffered additional inconveniences because of his efforts. I also know Carlos would serve the blogosphere and journalism/photojournalism in general from a much better vantage point by branching out to other aspects instead of focusing his primary efforts on the crappy MPD. If thinking his talents and efforts are being wasted on this undeserving entity is pessimistic, so be it. I think he’s far more talented than his efforts on this blog show.
That and no escupas pa arriba!
Mama
I have no children of my own but know MANY men who have child support garnished from their wages. Why can’t you do the same? If you are claiming that the SAO is refusing to do this because they know your husband why not call “Ask Howard” at WSVN and turn up the pressure a notch? You can take action on this but choose not to. That’s on you and no one else.
Carlos’ injustice has led to a forum for photographers and others affected by police misconduct throughout the country. Perhaps because you “know him in real life” you think he only rails about the Miami police. Not so.
John:
I suspected as much given your misdirected opinion of monetary issues when it comes to parenting frontlines. As for support, research the issue before you speak or else you are just talking out your ass and looking like one.
An IDO, or wage garnishment, can only work if you are an employee. NCP (noncustodial parents) can get around that by creating corporations or businesses and working as independent contractors- even tax intercepts are useless in their cases. The only thing that can be done in their cases is suspension of driver’s and professional licenses, passports, liens and writs of bodily attachment where bail is equal to their delinquent amounts; as previously mentioned, none of these enforcement actions have ever been brought upon him.
I’m not sure why you bother criticizing someone you don’t know about issues you are clearly uneducated with nor am I sure why you can’t seem to comprehend although I’m leaning towards the fact that you are not a parent but like I’ve already said, my son’s interests are better served by concentrating my efforts on providing for him myself.
Additionally, in order to have a private attorney, like Howard Finkelstein, get involved, I would have to close the state-run case and open a private case- something which would only take more money out of my son’s pockets. What sense is there in that?
Also, I think I already made it clear that because I know Carlos, I know he does make strides with issues far greater than abusive policing.
Again, your judgmental interpretation of my comments have you misunderstanding. I’m not telling Carlos not to stop- he can do whatever he pleases but I’m sure he knows they are just going to continue making him jump through hoops and making him spend more money for being so vocal…just because ‘they can.’
Mama,
In the future, whenever you want to make a point, I want you to take the total number of words you WANT to use and divide that by ten. You are a wordy train wreck.
“The only thing that can be done in their cases is suspension of driver’s and professional licenses, passports, liens and writs of bodily attachment ”
So you can make him a bus driving, unemployable, untraveled, unbondable mess but you choose not to. Again, thats on you. Christ, you are full of excuses.
If you are serious (which I now doubt) why don’t you call up the Help Me Howard people and ask for their help anyway. It will put heat on him at the very least and they are always dying for content.
John
She cant do that THE STATE has too dude look up your law befor you open you mouth she is right you know.
Carlos…First rule of thumb in playing lawyer, ALWAYS, ALWAYS make sure that the opposing counsel gets a copy of whatever documents you file. You wouldn’t want the other side to be filing documents and not letting you know.
I don’t think that the mistake is fatal, but in the future, call me if you have legal questions.
I’m not a lawyer, but I’ve played one in courtrooms in Miami and Tallahassee when I too was a Pro Se Plaintiff, and over the years I’ve come to learn most of the basic procedural rules.
Good luck, and keep fighting.
al
John:
Good Lord- I’ll make it real simple so hopefully you understand… your reading comprehension skills stink!
The quick recap (maybe you’ll get it this time): It’s a state run case meaning the SAO’s office is my attorney. I can’t ask or file anything on my own without closing the case and starting all over. I spent the better part of 3 years in offices all over the county and sending registered mail to every entity possible only to find out, there is nothing I can do but wait. I already stated that the SAO’s office hasn’t enforced the case. I’m not going to keep going back and forth with you about something you know nothing about. I was once as naive as you thinking it was an easy process but if it was, there wouldn’t be over $2 billion in yearly uncollected child support in our state alone.
Carlos- I’m sorry I distracted from your issue and actually went back and forth with this guy. I simply meant to use my CS case as an example of how rampant corruption is throughout the SAO’s office. No sigo este tiki tiki mas.
Mama,
My reading comprehension is fine, but why use 30 words when three will do?
If the SAO has done nothing in three years on such a cut and dried issue as child support they are not your friends.If what you say is true, you have a sympathetic case – one the media would cover.
You seem to prefer playing the role of victim. That is unfortunate because it does nothing to improve your situation or teach empowering lessons to little ones.
Lo siento para tratando hablar la verdad (aka ‘tiki tiki’) contigo.
Resume victim status now…
Carlos,
This posting loads underneath your left sidebar, and not at the top as it usually does, with about a half page of blank space before one gets to any text.
And now, back to the off-topic flamewar currently in progress….
Yeah, would you two take it somewhere else?
If the SAO has done nothing in three years on such a cut and dried issue as child support they are not your friends.If what you say is true, you have a sympathetic case – one the media would cover.
As a member of the media myself, I can tell you I would ignore a fax from some lady complaining about how she’s not getting child support.
Quit being so judgmental about a situation you know nothing about. You really come off as a jerk, and frankly I’d rather discuss the topic at hand.
And BTW – child support is a “cut and dried issue”? You have to be the most naive person alive to believe such a thing. Have you never dealt with a bureaucracy of any kind?
Sorry to add to that discussion but I have not come across arrogance quite like John’s in a while.
Regarding the case, I’m glad you’re continuing to fight through this bureaucratic morass, Carlos. Don’t know how much good it will do in the end, but if you love freedom and justice you’ve got to be willing to fight for it. No one said it was easy.
Who knows? As Dan said in #7, this could mean that they know they’ve lost.
Never give up!
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