Apple’s iPhone disappointment fans doubt on growth

SAN FRANCISCO (Reuters) – Apple Inc missed Wall Street’s revenue forecast for the third straight quarter after iPhone sales came in below expectations, fanning fears that its dominance of the mobile industry was slipping.

Shares of the world’s largest tech company fell 10 percent to $ 463 in after-hours trade, wiping out some $ 50 billion of its market value – nearly equivalent to that of Hewlett-Packard and Dell, combined.

On Wednesday, Apple said it shipped a record 47.8 million iPhones in the December quarter, up 29 percent from the year-ago period. But that lagged the 50 million that analysts on average had projected.

Expectations heading into the results had been subdued by news of possible production cutbacks by some component suppliers in Asia, triggering fears that demand for the iPhone, which accounts for half of Apple‘s revenue, and the iPad could be slowing.

But many investors clung to hopes for a repeat of years of historical outperformance, analysts said.

“It’s going to call into question Apple‘s dominance in the space. It’s still one of the strong players, the others being Samsung and Google. It’s still a two-horse race, but Android continues to grow rapidly,” said Sterne Agee analyst Shaw Wu.

“If you step back a bit, it’s clear they shipped a lot of phones. But the problem is the high expectations that investors have. Apple‘s conservative guidance highlights the concerns over production cuts coming out of Asia recently.”

Apple projected revenue of $ 41 billion to $ 43 billion in the current, second fiscal quarter, lagging the average Wall Street forecast of more than $ 45 billion.

Fiscal first quarter revenue rose 18 percent to $ 54.5 billion, below the average analyst estimate of $ 54.73 billion, though earnings per share of $ 13.81 beat the Street forecast of $ 13.47, according to Thomson Reuters I/B/E/S.

Apple also undershot revenue targets in the previous two quarters, and these results will prompt more questions on what Apple has in its product pipeline, and what it can do to attract new sales and maintain its growth trajectory, analysts said.

Net income of $ 13.07 billion was virtually flat with $ 13.06 billion a year earlier on higher manufacturing costs. The year-ago quarter also had an extra week compared to this year.

Gross margins consequently slid to 38.6 percent, from 44.7 percent previously.

“You can’t just keep rolling out iPhones and iPads and think that everybody needs a new one,” said Jeffrey Gundlach, who runs DoubleLine Capital LP, the $ 53 billion bond firm. “The mini? What is that all about? It is a slightly smaller iPad — so what? So that is our new definition of innovation?”

“There are plenty of competitors like Samsung and other legitimate competitors like them,” added Gundlach, one of the highest-profile Apple bears. He maintains a $ 425 price target.

Shares of several of Apple‘s suppliers crumbled. Chip suppliers Skyworks and Cirrus Logic both fell more than 6 percent. Qualcomm Inc slipped 1.8 percent.

CHINA IS NEXT BIG GROWTH DRIVER

Apple shares are down nearly 30 percent from a record high in September, in part on worries that its days of hyper growth are over and its mobile devices are no longer as popular.

Intense competition from Samsung‘s cheaper phones – powered by Google’s Android software – and signs that the premium smartphone market may be close to saturation in developed markets have also caused a lot of investor anxiety.

Meanwhile, sales of the iPad came in at 22.9 million in the fiscal first quarter, roughly in line with forecasts.

On the brighter side, Chief Financial Officer Peter Oppenheimer told Reuters that iPhone sales more than doubled in greater China – a region that Apple Chief Executive Tim Cook has vowed to focus on as its next big growth driver.

The company will begin detailing results from that country going forward. Revenue from the region totaled $ 7.3 billion, up 60 percent from the year-ago December quarter.

“These results were OK, but they definitely raised a few questions,” said Shannon Cross, analyst with Cross Research. “Gross margin trajectory looks fine so that’s a positive and cash continues to grow. But I think investors are going to want to know what Apple plans to do with growing cash balance.”

“And other questions are going to be around innovation and where the next products are coming from and what does Tim Cook see in the next 12 to 18 months.”

ADDRESSING PRODUCTION RUMORS

In an unusual move for Apple, which typically does not respond to speculation, Cook addressed the production cutback rumors at length on the conference call and questioned the accuracy of rumors about its plans.

Media reports earlier this month said the company is slashing orders for iPhone 5 and iPad screens and other components from its Asian suppliers.

“Even if a particular data point were factual, it would be impossible to accurately interpret the data point as to what it meant for our overall business, because the supply chain is very complex,” he said, adding that Apple has multiple sources for components.

“Yields might vary. Supplier performance can vary. The beginning inventory positions can vary. There’s just an inordinately long list of things that would make any single data point not a great proxy for what’s going on,” he said.

Apple‘s initial iPhone and iPad mini sales were hurt by supply constraints, but Cook expects supply to balance demand for the iPad mini this quarter. He also acknowledged that iPad was cannibalizing its high-margin Macintosh computers, but said it was a huge opportunity for the company.

“On iPad in particular, we have the mother of all opportunities here, because the Windows market is much, much larger than the Mac market is,” he said. And I think it is clear that it’s already cannibalizing some.”

In another departure from tradition, Apple intends to tweak the way it both reports results and publishes forecasts.

Apart from breaking out results from China, the company also will no longer provide a single revenue or gross margin outlook. From Wednesday, it began providing the range it expects to hit, rather than the often-ludicrously conservative estimates that Apple was once notorious for.

The new policy took many by surprise.

“Before people could always ignore the guidance,” said Dan Niles, Chief Investment Officer of AlphaOne Capital Partners, LLC. “Apple is telling investors that they need to pay attention to the guidance and you can’t ignore it, which is basically what we all did in the past.”

(Additional reporting by Alistair Barr and Alexei Oreskovic in San Francisco and Jennifer Ablan in New York; Editing by Bernard Orr and Edwin Chan)

Tech News Headlines – Yahoo! News

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Shakira's Boyfriend Gerard Pique Posts First Baby Pic

Shakira and Gerard Pique welcomed their first child, Milan Pique Mebarak, yesterday and he's already jumping into the world with both feet.

RELATED: Extravagant Celebrity Baby Names

"Milan's feet," Pique wrote, captioning a WhoSay photo on Wednesday. In the picture below, the baby is sporting a pair of clean white Nikes with his name on them.

Mother and child were said to be in "excellent health" after the birth yesterday in Barcelona, Spain.

Before going into labor, Shakira tweeted fans, asking that they "accompany [her] in [their] prayers on this very important day of [her] life."

Gerard Pique on WhoSay

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This time, Einhorn is ‘Einhorned’

David Einhorn should have had the courage of his convictions.

Einhorn told investors on Tuesday that he had been profitably short Herbalife last year, confirming months of speculation that he had bet against the controversial nutritional supplements company.

Sources told The Post that Einhorn had shorted Herbalife earlier in the year. But Einhorn bailed before he could benefit fully.

Herbalife had been falling since May, when Einhorn first questioned Herbalife execs about the company’s disclosures during a conference call.

Sources said that Einhorn covered his Herbalife short well before rival hedge fund manager Bill Ackman launched his $1 billion short attack on the company in December, driving the shares down as much as 40 percent.

Einhorn’s early exit caused him to miss out on some big gains. His Greenlight Capital hedge fund fell 2.7 percent during December.

In contrast, Ackman’s Pershing Square gained 5.9 percent that month, half of it from the Herbalife short. Ackman was up 13.3 percent in 2012 — far outdistancing Greenlight Capital’s 7.9 percent gain.

The news that Einhorn had shorted Herbalife sent the stock down 2.5 percent yesterday, even though the hedgie said he is no longer short.

Einhorn’s usual ability to crush a stock with one of his short calls, a process known as getting “Einhorned,” didn’t help him last year.

In a year-end letter to investors, Einhorn said the average short in his portfolio rose 10 percent last year.

Einhorn’s lackluster 2012 performance was due in large part to his short on Green Mountain Coffee Roasters, which rose 74 percent, wiping out Greenlight’s 2012 profits on the position. Its long bet on Apple also stung.

“Our coffee was too hot, our apple was bruised,” Einhorn wrote in the letter.

Apple’s decline from $677 to $532 forced the firm to give back “all its third-quarter gains and then some,” Einhorn wrote.

mcelarier@nypost.com

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Miami Dolphins slam Norman Braman, Marlins Park deal

The Miami Dolphins ramped up their public campaign for a tax-funded stadium renovation this week, buying full-page ads against their top critic and trying to distance the plan from the unpopular Marlins deal.

The team bought an ad in Tuesday’s Miami Herald and El Nuevo Herald knocking auto magnate Norman Braman’s criticism of the Sun Life Stadium deal, which would have Florida and Miami-Dade split the costs with owner Stephen Ross for a $400 million renovation. The Dolphins would pay at least $201 million, with taxpayers using state funds and a higher Miami-Dade hotel tax to pay $199 million.

In a fact sheet sent to media Tuesday morning, the Dolphins listed ways their deal differs from the 2009 Marlins deal. First: Ross, a billionaire real estate developer, would use private dollars to fund at least 51 percent of the Sun Life effort, compared to less than 25 percent from Marlins owner Jeff Loria. Second, Sun Life helps the economy more than the Marlins park does.

“Just because the Marlins did a bad deal doesn’t mean we should oppose a good deal where at least a majority of the cost is paid from private sources and more than 4,000 local jobs are created during construction alone,” the fact sheet states. And while the Dolphins’ Miami Gardens stadium has hosted two Super Bowls since 2007 and is in the running for the 2016 game, “Marlins Stadium does not generate the ability to attract world-class sports events -- other than a World Series from time to time depending on the success of the team.”

NFL teams play eight home games a year if they don’t make the playoffs, while baseball teams have 81.

Miami and Miami-Dade built the Marlins a $640 million stadium at the site of the Dolphins’ old home at the Orange Bowl in Little Havana. The Marlins contributed about $120 million and agreed to pay between $2.5 million and $4.9 million a year for 35 years to pay back $35 million of debt the county borrowed for the stadium. As a publicly owned stadium, the Marlins ballpark pays no property taxes. Most of the public money came from Miami-Dade hotel taxes, along with $50 million of debt tied to the county’s general fund.

Sun Life is privately owned and pays $3 million a year in property taxes to Miami-Dade. It currently receives $2 million a year from Florida’ s stadium program, a subsidy tied to converting the football venue to baseball in the 1990s when the Marlins played there. The Dolphins also paid for a second full-page ad with quotes from leading hoteliers in Miami-Dade endorsing the stadium plan. Among them: Donald Trump, whose company recently purchased the Doral golf resort. “Steve Ross’ commitment to modernize Sun Life Stadium -- while covering most of the construction costs -- is the right thing for Miami-Dade,’’ the ad quotes Trump as saying.

Also on Tuesday, Ross and team CEO Mike Dee sent a letter to Miami-Dade Mayor Carlos Gimenez and county commissioners requesting negotiations over the stadium deal. The letter said the deal Ross unveiled last week is a “baseline for debate” and asked for talks. The letter also urged the commission to adopt a resolution proposed by Commissioner Barbara Jordan endorsing the state bill that would allow taxes for Sun Life. The resolution is on the agenda for Wednesday’s commission meeting.

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Miami police: Fight over child ends in fatal crash

A fatal car crash in Allapattah began, Miami police said Tuesday, as a fight between two women over a child, with one woman grabbing the child and jumping into the speeding vehicle that might have caused the collision.

The night began with a 15-month-old girl, who was living with her father and his girlfriend, neither of whom police identified.

The mother of the child, Mylife Rivera-Vasquez, 20, of Homestead, persuaded the girlfriend on Monday to meet her at Northwest 17th Avenue and 28th Street so she could see her daughter, Miami police said.

As the girlfriend waited in that area with the girl about 8 p.m., Rivera-Vasquez and several other people arrived, police said, and punched the girlfriend several times.

During the melee, Rivera-Vasquez grabbed her daughter and got into a Lincoln Town Car that drove away.

The Town Car sped south on Northwest 21st Avenue, police said, and the girlfriend appeared to have followed in another car.

But as it approached Northwest 20th Street, the Town Car crashed into a Chevrolet Tahoe.

The Tahoe had been westbound on Northwest 20th Street. Police said the Town Car failed to yield the right of way.

Two of the three people in the Town Car — the driver and the 15-month-old — were thrown from the vehicle, police said. All three were taken to Jackson Memorial Hospital’s Ryder Trauma Center.

The driver, Kristofer Daniel Astorga, 22, died shortly after arriving at the hospital, police said.

Rivera-Vasquez and her child, Juliet Rivera, were both in critical condition, police said.

Lt. Ignatius Carroll, spokesman for Miami Fire-Rescue, told Miami Herald news partner WFOR CBS 4 that the little girl hadn’t been secured in a child car seat.

The Tahoe’s driver was in good condition at Jackson, and a passenger in that car was treated at the scene for minor injuries. Neither was identified Tuesday.

On Tuesday, police said Rivera-Vasquez had been charged with two counts of simple battery.

El Nuevo Herald Staff Writer Melissa Sanchez contributed to this report.

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FTC study taking aim at online marketing of booze

LOS ANGELES (Reuters) – The Federal Trade Commission (FTC) plans this summer to recommend ways that the alcoholic beverage industry can better protect underage viewers from seeing its advertisements online.

Distillers, brewers and wineries pour millions of dollars into brand promotion on Twitter, Facebook and other social media, and industry critics contend they are not doing enough to prevent young consumers from receiving these messages.

“We’re doing a deep dive on how they’re using the Internet and social media,” said Janet Evans, a lawyer with the FTC, which is conducting a year-long study due to be released by early summer. “We’re focusing on underage exposure.”

She would not elaborate on any potential recommendations that might come out of the study, which began in April 2012.

The FTC is reviewing data from 14 big producers, Evans said, including Beam Inc, the maker of Jim Beam, Diageo Plc, home to Johnnie Walker, and Constellation Brands Inc, which makes Robert Mondavi and Ravenswood wines.

The FTC report “is something we take seriously and place at high priority,” said Karena Breslin, director for digital marketing at Constellation.

The FTC has made two requests for information since the study began, she said.

The regulatory agency has not said it intends to impose restrictions on liquor company social media advertising but it can make recommendations to the industry.

The FTC is empowered to file suit to ensure consumers are protected from deceptive marketing practices, Evans said, but she stressed that studies of this nature are meant to promote better self-regulation, not provide a basis for a case.

Industry executives say alcohol makers and distributors voluntarily adhere to the same industry-set standard for marketing to underage viewers on social media sites that the industry set for its ads on TV and other media. That requires that at least 71.6 percent of an audience consists of adults 21 and older.

“No one in their right mind would want to advertise to people who can’t legally buy their product,” said Frank Coleman, senior vice president for Distilled Spirits Council of the United States (DISCUS), the trade group that sets the industry’s advertising codes.

Coleman also cited recent data showing the audiences for Facebook and Twitter are skewed heavily towards viewers who are above the legal drinking age.

“According to Nielsen’s latest data, the demographic audience for Facebook is 83.5 percent 21 years and older, and for Twitter it is 85 percent,” Coleman said.

In June 2011, DISCUS revised its code upwards to 71.6 percent from 70 percent, after the FTC recommended it review the standard to better reflect U.S. Census population data.

Industry critics, including David Jernigen, director of the Center on Alcohol Marketing and Youth at Johns Hopkins University, and Sarah Mart, research director of the advocacy group Alcohol Justice, contend the industry didn’t go far enough and should raise the standard further.

Jernigen said it needs to be at least 85 percent to effectively protect youth, so there would be no more than 15 percent exposure to the underage drinking population.

“The industry says its self-regulating but it’s ineffective and social media opens up a whole new set of problems because their ads are everywhere,” said Mart.

Coleman said the group now requires members to install age-checking tools via instant messaging as a gateway to Twitter feeds and other branded Web platforms that ask the user for a birth date before admitting them.

In the first nine months of 2012, beer, wine and spirits manufacturers spent an estimated $ 35 million for paid Web display advertising, but industry executives estimate many millions more were spent on website creation, video production for platforms like Google’s YouTube and social media marketing efforts.

“We’ve significantly adjusted more money to digital for online video, websites, Facebook and Twitter content,” said Kevin George, global chief marketing officer for Jim Beam, which spends 30 percent of its media spend for online outlets, up from 10 percent in 2008, he said.

Many companies are expanding their digital staff. Wine maker Constellation hired Breslin three years ago to initiate digital marketing and now has a team of five reporting to her.

Many alcoholic beverage companies flocked to Facebook because it requires users to post their birth dates when signing up.

Last year Twitter partnered with Buddy Media to offer a screening tool that sends a direct message to fans who click on an alcoholic brand. The message sends the fan a link to a site that asks for date of birth.

Salesforce.com bought Buddy Media last June, which is now folding the platform into its marketing cloud portfolio.

Health advocates and industry critics are crying foul. “Facebook and other interactive platforms are poorly monitored and not well age-protected,” said Jernigen of Johns Hopkins University. “Anyone can say they’re 21 and click yes.”

(Reporting by Susan Zeidler; Editing by Ron Grover, Alden Bentley and Phil Berlowitz)

Internet News Headlines – Yahoo! News

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Mariska Hargitay Fashion Rewind

Despite her fourteen-year stint as tough-cop Olivia Benson on Law and Order: SVU, Mariska Hargitay is a surprisingly girly gal when it comes to her real-life red carpet style. 

Related: Mariska Hargitay's Heartbreaking Adoption Moment

Join us as we look back at Mariska's fashion evolution over the years!

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Lucky ‘7’ at 3 Hudson Blvd.

Lois Weiss

BETWEEN THE BRICKS

The skyline in the Hudson Yards area is taking shape — at least on paper.

Here’s the first look at a new rendering (see right) for developer Joseph Moinian’s 1.7 million-square-foot tower at 3 Hudson Boulevard, bounded by the new park, the Javits Center and West 34th and 35th streets.

Designed by Dan Kaplan of FXFOWLE, the roughly 1,000 foot-high tower will turn slightly to catch the sunshine as well as views of the Hudson River and public spaces within Hudson Yards.

As the Manhattan street grid is slightly off the true north-south axis, Kaplan said the tower will align to the street grid at the base, and then do the twist.

FXFOWLE

WOW! Far West makeover king at 3 Hudson Blvd.

“It has a subtle, elegant spin and only rotates the 22 degrees as you go up,” said Kaplan. “It’s enough to give it a distinctive form, but not so much that it contorts the building.”

While the eastern and western ends of the building will change as it rises, the long sides of the structure will stay consistent.

“So that is how we were able to marry floor efficiencies with the mechanics,” Kaplan said.

The twist is also “great for tuning the building to solar,” as a unique highlight of the project will be solar-paneled awnings, or “eyebrows,” that will shield the south-side occupants from the sun while generating electricity with photovoltaic cells.

“They are architectural projections, and the revisions to the zoning code anticipate these kinds of devices,” Kaplan explained. “You will start to see more of these.”

The building will also have several roof terraces and a rooftop deck shielded from the winds.

“He’s been a magician in making this design efficient and beautiful and LEED Platinum,” said Arthur Mirante, tri-state president of Avison Young, which is leading the tenant marketing for the Moinian Group.

Because the building features an entrance to the new No. 7 line inside and has the new Hudson Boulevard Park at its eastern foot, Mirante said he is pitching the best site in the “center” of the new West Side. Construction on bedrock can start in 2014, and the building will be ready in 2016 or 2017.

“It’s a great building,” said Moinian at last week’s Real Estate Board of New York banquet.

The base could be designed as either trading or retail, Mirante said, with residential added at the top of the tower should an anchor office tenant not object. Asking rents for the base will start in the $80s per foot and rise from there.

“The whole building could be office or mixed use,” said Mirante. “We really have a clean slate, which is really exciting and will allow us to go after the monster tenants.”

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Miami Dolphins slam Norman Braman, Marlins Park deal

The Miami Dolphins ramped up their public campaign for a tax-funded stadium renovation this week, buying full-page ads against their top critic and trying to distance the plan from the unpopular Marlins deal.

The team bought an ad in Tuesday’s Miami Herald and El Nuevo Herald knocking auto magnate Norman Braman’s criticism of the Sun Life Stadium deal, which would have Florida and Miami-Dade split the costs with owner Stephen Ross for a $400 million renovation. The Dolphins would pay at least $201 million, with taxpayers using state funds and a higher Miami-Dade hotel tax to pay $199 million.

In a fact sheet sent to media Tuesday morning, the Dolphins listed ways their deal differs from the 2009 Marlins deal. First: Ross, a billionaire real estate developer, would use private dollars to fund at least 51 percent of the Sun Life effort, compared to less than 25 percent from Marlins owner Jeff Loria. Second, Sun Life helps the economy more than the Marlins park does.

“Just because the Marlins did a bad deal doesn’t mean we should oppose a good deal where at least a majority of the cost is paid from private sources and more than 4,000 local jobs are created during construction alone,” the fact sheet states. And while the Dolphins’ Miami Gardens stadium has hosted two Super Bowls since 2007 and is in the running for the 2016 game, “Marlins Stadium does not generate the ability to attract world-class sports events -- other than a World Series from time to time depending on the success of the team.”

NFL teams play eight home games a year if they don’t make the playoffs, while baseball teams have 81.

Miami and Miami-Dade built the Marlins a $640 million stadium at the site of the Dolphins’ old home at the Orange Bowl in Little Havana. The Marlins contributed about $120 million and agreed to pay between $2.5 million and $4.9 million a year for 35 years to pay back $35 million of debt the county borrowed for the stadium. As a publicly owned stadium, the Marlins ballpark pays no property taxes. Most of the public money came from Miami-Dade hotel taxes, along with $50 million of debt tied to the county’s general fund.

Sun Life is privately owned and pays $3 million a year in property taxes to Miami-Dade. It currently receives $2 million a year from Florida’ s stadium program, a subsidy tied to converting the football venue to baseball in the 1990s when the Marlins played there. The Dolphins also paid for a second full-page ad with quotes from leading hoteliers in Miami-Dade endorsing the stadium plan. Among them: Donald Trump, whose company recently purchased the Doral golf resort. “Steve Ross’ commitment to modernize Sun Life Stadium -- while covering most of the construction costs -- is the right thing for Miami-Dade,’’ the ad quotes Trump as saying.

Also on Tuesday, Ross and team CEO Mike Dee sent a letter to Miami-Dade Mayor Carlos Gimenez and county commissioners requesting negotiations over the stadium deal. The letter said the deal Ross unveiled last week is a “baseline for debate” and asked for talks. The letter also urged the commission to adopt a resolution proposed by Commissioner Barbara Jordan endorsing the state bill that would allow taxes for Sun Life. The resolution is on the agenda for Wednesday’s commission meeting.

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Appeals court throws out Miami judge’s controversial fingerprint ruling

An appeals court has thrown out a Miami-Dade criminal court judge’s controversial ruling restricting long-accepted fingerprint evidence.

The Third District Court of Appeals this week ruled that Circuit Judge Milton Hirsch should have removed himself from the case before issuing his ruling.

The reason: Hirsch had earlier told two prosecutors that he would remove himself from similar cases because he harbored “preconceived opinions on the subject of fingerprints.”

In October, Hirsch ruled that a police fingerprint examiner could not testify that he identified a conclusive fingerprint “match” for Miami’s Radames Borrego, who is accused of two burglaries.

The judge’s ruling raised eyebrows among legal observers because U.S. courts have long allowed experts to testify to jurors that the accused person’s fingerprint is unique to him or her.

The appeals court did not rule specifically on Hirsch’s fingerprint order, but nevertheless threw it out, saying the judge should not have presided over the case. It is unclear whether Hirsch will be able to preside over future criminal court cases involving fingerprint evidence.

Hirsch, a former president of the Florida Association of Criminal Defense Lawyers and a law school professor who wrote a book on state criminal trial procedure, is well-known in South Florida’s legal community. He was elected in May 2010.

The judge — who often quotes Shakespeare in lengthy orders — often delves into polemic legal waters.

In 2010, when a Tampa federal judge ruled that Florida’s drug law was unconstitutional, Hirsch was the only local state judge to follow suit. He threw out more than two dozen cases, but the same Miami’s appeals court later reversed Hirsch.

Late last year, Hirsch from the bench criticized relatives of a murder victim after they criticized him in a Spanish-language television interview. After he declined to recuse himself from the case, the Third DCA booted him from the case.

Also last year, the same appeals court said Hirsch “did not have jurisdiction” when he filled in for a fellow judge, then reversed that judge’s decision to keep behind bars a man accused of violating a restraining order.

Hirsch will be ruling on a high-profile case next week.

Lawyers for Sergio Robaina, accused of voter fraud, have asked Hirsch to throw out two misdemeanors charged under a county ordinance prohibiting possession of more than two absentee ballots. The ordinance is unconstitutional, they claim.

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