David Markus

Markus & Markus, PLLC
40 NW Third Street, PH 1
Miami, FL 33128
305-379-6667
www.markuslaw.com


DAVID OSCAR MARKUS

EDUCATION HARVARD LAW SCHOOL Cambridge, MA
Juris Doctor, Magna Cum Laude May 1997
•   First Place, Ames Moot Court Competition
•   Best Oralist and Best Brief, Ames Moot Court Finals (Televised June 5, 1997, on CSPAN)
•   (panel composed of Justice Anthony M. Kennedy, Judge Carolyn King, 5th Circuit, and Judge Mary Schroeder, 9th Circuit)
•   UNIVERSITY OF MIAMI SCHOOL OF LAW Coral Gables, FL
•   Class Rank: 1 of 347; GPA: 3.88/4.0 1994-95
•   Selected to University of Miami Law Review
•   First Place, Moot Court Competition
•   Book Awards: Legal Research & Writing I and II, Civil Procedure I
•   EMORY UNIVERSITY Atlanta, GA
•   Bachelor of Arts in Psychology May 1994
•   GPA: 3.77/4.0, Phi Beta Kappa

CLERKSHIP THE SOUTHERN DISTRICT OF FLORIDA Miami, FL
Law Clerk for Chief Judge Edward B. Davis 1997-98

PAST HIRSCH & MARKUS, LLP Miami, FL

EXPERIENCE Partner January 2002 through December 2005
FLORIDA INTERNATIONAL UNIVERSITY COLLEGE OF LAW Miami, FL
Adjunct Professor of Law Summer 2004-2006
FEDERAL PUBLIC DEFENDER'S OFFICE Miami, FL
Assistant Federal Public Defender 1999-2001
UNIVERSITY OF MIAMI SCHOOL OF LAW Miami, FL
Legal Research and Writing Instructor 97-98, 99-00, 00-01, and 01-02 school years
WILLIAMS & CONNOLLY Washington, DC
Associate 1998-99
ZUCKERMAN, SPAEDER, TAYLOR & EVANS Miami, FL
Summer Associate Summer 1996
HARVARD LAW SCHOOL Cambridge, MA
Research Assistant for Professor Tracey Maclin 1995-96
11th JUDICIAL CIRCUIT OF FLORIDA Miami, FL
Judicial Intern for the Honorable Sidney Shapiro, criminal division Summer 1995

PUBLICATIONS Co-author of Fourth Amendment Column in The Champion
The Case Against Profiling, December 2005
Judge John Roberts' Short Story, November 2005
Drugs, Dogs, and Cars, Oh My, June 2005
Giving Thanks, January 2005
Amendment Non Grata, September 2004
Involuntary Blood Testing: United States v. Kincade, March 2004
Should the Katz test for Fourth Amendment interest be abandoned?, November 2003
In the Ninth we trust, May 2003
Is profiling a constitutional permissible weapon in the war on terror?, March 2003

DAVID OSCAR MARKUS RESUME, PAGE 2
The Doll House, December 2002
No More Colliding Tubas: Board of Education v. Earls, October 2002
The classics, an occasional series, July 2002
United States v. Arvizu: the adjective as jurisprudence, May 2002
Bugging Attorneys, March 2002
Do the “antiterrorism” proposals violate the Fourth Amendment?, December 2001
Atwater v. City of Lago Vista, The Perfect Case, October 2001
New Hope: Ferguson v. City of Charleston, July 2001
Stop in the Name of Drugs: Indianapolis v. Edmond, March 2001
What a Term, September 2000
Hop on the Bus, Gus, July/August 2000
Illinois v. Wardlow: The Wicked Flee When No Man Pursueth, June 2000
The Supreme Court's Latest Word: Get a Warrant!, April 2000
Blog
Southern District of Florida Blog, http://www.sdfla.blogspot.com
Op-ed pieces
Eliminate Race-bias in jury selection, Miami Herald, July 6, 2005
Appoint a Floridian, Miami Herald, January 13, 2005
Magluta was wronged, Miami Herald, January 29, 2003
Whren v. United States: A Pretext to Subvert the Fourth Amendment
14 Harvard BlackLetter Law Journal 91 (Spring 1998)
The Heat is On: Thermal Imaging and the Fourth Amendment
The Champion (December 1998)

LECTURES Rock Stars of Criminal Defense: Crossing the Victim, FACDL–Miami, Miami Florida 2011
The Vital, Tempestuous and Changing Relationship between Court and Media, Historical Society, Miami Florida 2011
Basic Federal Practice for Criminal Practitioners, The Floria Bar, Miami Florida 2010
Preventing and Defending Prosecutorial Misconduct, WestLaw Webcast, 2010
Handling the Difficult Witness on Cross Examination, The Florida Bar on Evidence, Tampa, Florida 2010
Trial Techniques and Issues, Criminal Justice Act Seminar, Key Largo, Florida 2010
Ethics, Trials & Winning, Putting Them Together in Federal Court, The Florida Bar, Miami, Florida 2010
Prosecutorial Misconduct and Brady, National Association of Criminal Defense Lawyers, Aspen, Colorado 2010
Hot Topics in Criminal Law, Florida Bar on Appellate Law, Ft. Lauderdale, Florida 2009
Winning in Closing Argument, State Public Defender's Office, Miami, Florida 2009
Trial Triage, Criminal Justice Act Seminar, Key Largo, Florida 2009
Trial Triage, Criminal Justice Act Seminar, Naples, Florida 2008
Zealous Advocacy and Ethical Conduct, The Florida Bar, Miami, Florida 2008
The Ethical Defender, Florida Association of Criminal Defense Lawyers-Miami Chapter, Miami, Florida 2008
October Term 2007, American Constitution Society–UM Chapter, Miami, Florida 2007
Trial Triage, Criminal Justice Act Seminar, Key Largo, Florida 2007
Prosecutorial Discretion, University of Miami Ethics Symposium, Miami, Florida 2007
Ethics for Young Lawyers, Dade County Bar Association, Miami, Florida 2007
Free Speech and the Internet, The Inns of Court, Miami, Florida 2007
Winning Strategies: Ethical and Zealous Representation of the Federal Criminal Defendant, Administrative Office of
the United States Courts, Miami, Florida 2006
Winning your case in opening statement, Florida Association of Criminal Defense Lawyers, Miami, Florida 2006
Trial Triage, Criminal Justice Act Seminar, Key Largo, Florida 2006
Zealous Advocacy and Ethical Conduct, The Florida Bar, Miami, Florida 2006
Showcase on Sentencing in Florida, Florida Association of Criminal Defense Lawyers, Orlando, Florida, 2005
The Cuban Spy Decision, The Perfect Storm?, Moderator for the American Constitution Society, Miami, Florida 2005
Ethics for the New Criminal Defense Lawyer, The Florida Bar, Miami, Florida 2005
Getting your foot into federal court, Dade County Bar Association YLD, Miami, Florida 2005
Federal Law Update, The Florida Bar, Orlando, Florida 2005
Zealous Advocacy and Ethical Conduct, The Florida Bar, Miami, Florida 2005
Blakely v. Washington: The Sentencing Revolution, The Florida Bar, Miami, Florida 2004
Hurricane Blakely, The Florida Bar, Tampa, Florida 2004
Clerking, University of Miami School of Law, Coral Gables, Florida 2004

DAVID OSCAR MARKUS RESUME, PAGE 3
Expert Witnesses, Criminal Justice Act Seminar, Hawk's Cay, Florida 2003
The Pretrial Motion: Just File it, Camp CJA, Miami, Florida 2003
2002-2003 Supreme Court Update, Florida Public Defenders, West Palm Beach, Florida 2003
The Pretrial Motion: Just File it, The Florida Bar: Advanced Federal Criminal Procedure, Miami, Florida 2002
2001-2002 Supreme Court Update, National Association of Criminal Defense Lawyers, Miami, Florida 2002
The Pretrial Motion: Just File it, Camp CJA, Miami, Florida 2002
2001-2002 Supreme Court Update, Nevada Criminal Law, Las Vegas, Nevada 2002
Clerking, University of Miami School of Law, Coral Gables, Florida 2002
Voir Dire, Young Lawyer's Division, Miami, Florida 2002
The Pretrial Motion: Just File it, Criminal Justice Act Seminar, Hawk's Cay, Florida 2001
The Pretrial Motion: Just File it, Camp CJA, Miami, Florida 2001

HONORS
Finalist, Top White Collar Defense Lawyer in the Country, Chambers & Partners 2011
Finalist, Top White Collar Defense Lawyer in the Country, Chambers & Partners 2010
Top 100 Lawyer in Florida, SuperLawyer 2010
Rodney Thaxton “Against All Odds Award”; Florida Association of Criminal Defense Lawyers–Miami Chapter 2010
“AV” Rated (highest rating), Martindale Hubbell 2007–present
Listed as Top Lawyer, The Best Lawyers in America 2007-present
Top 5% lawyers, Florida Super Lawyers 2006-present
Most Effective Lawyer Finalist (one of three), Criminal Law, Daily Business Review 2007 & 2009
Top Lawyers, South Florida Legal Guide 2003-present
Top Lawyer, White Collar Crime, Tier 2, Chambers & Partners 2008-present
Up and Coming Lawyer, Chamber & Partners 2007
Florida Legal Elite, Florida Trend 2007-present
Top 10 Defense Wins of 2003, National Law Journal 2004
Best of the Bar, South Florida Business Journal 2004
Top Young Lawyers in State, Florida Trend 2003
Best of the Bar, South Florida Business Journal 2003
Top 40 Litigators Under 40, National Law Journal 2002
Up and Coming Lawyers, South Florida Legal Guide 2002

ORGANIZATIONS, MEMBERSHIPS, AND COMMUNITY SERVICE
Criminal Justice Act Representative for the Southern District of Florida, 2003-present
Defender Services Advisory Group (11th Circuit representative), 2006-2010
Federal Bar Association–South Florida Chapter, Board of Directors 2004-2007; President, 2007-08
Florida Association of Criminal Defense Lawyers – Miami Chapter,
Treasurer 2004-05, Vice-President 2005-06; President 2006-07; Board of Directors 2002-03
National Association of Criminal Defense Lawyers
Vice Chair of Amicus Committee for the Eleventh Circuit Court of Appeals, 2003-present
Florida Bar; United States Supreme Court; Eleventh Circuit Court of Appeals;
Southern and Middle Districts of Florida
Legal Services of Greater Miami, Together We Must Campaign, 2009-present
Committee re Reappointment of Magistrate Judge Patrick White, Southern District of Florida 2010
Committee re Bench And Bar Conference, Southern District of Florida 2008-present