Appellate Case Reversals, 3.800 Motions, 3.850 Motions, 2254 Motions, 2255 Motions, And Habeas Corpus Post-Conviction Motion Results
UNITED STATES v. RODRIGUEZ CASE NO.: 12-12257
Appellate Background: A successful appeal to the Eleventh Circuit Court of Appeals from a jury conviction and MANDATORY 851 ENHANCED LIFE SENTENCE for conspiracy to distribute cocaine.
Appellate Result: Life Sentence Vacated. As a result of our firm’s legal efforts, the Eleventh Circuit Court of Appeals vacated our client’s life sentence and remanded the case to the district court. Our client was represent by a court appointed (CJA) lawyer during his jury trial loss. His family hired us after he was sentenced to life in federal prison.
GREENLEE v. STATE CASE NO.: 1D13-4634
Appellate Background: An appeal to the First District Court of Appeal from a conviction and sentence for four counts of possession of any firearm by a convicted felon.
Appellate Result: Case reversed. As a result of our firm’s appellate efforts, the First District Court of Appeal vacated three convictions and sentences on the legal grounds of double jeopardy.
SHELLEY v. STATE CASE NO.: 2D13-1941
Appellate Background: An appeal to the Second District Court of Appeal from a conviction and sentence for use of computer services to solicit consent of a parent to have sex with a minor and traveling to meet a minor after using computer services to solicit the consent of a parent.
Appellate Result: Case reversed. As a result of our firm’s appellate efforts, the Second District Court of Appeal vacated the conviction and sentence on the legal grounds of double jeopardy.
MATHES v. STATE CASE NO.: 2D11-1577
Appellate Background: An appeal to the Second District Court of Appeal from a jury conviction and sentence for conspiracy to commit racketeering (RICO) and conspiracy to deliver heroin.
Appellate Result: Case reversed. As a result of our firm’s appellate efforts, the Second District Court of Appeal vacated the circuit court jury conviction for conspiracy to deliver heroin.
BOYERS v. STATE CASE NO.: 2D12-1027
Appellate Background: An appeal to the Second District Court of Appeal from a circuit court denial of a pro se 3.850 motion from a jury conviction and sentence for attempted first-degree murder of a law enforcement official.
Appellate Result: Denial of 3.850 hearing reversed. As a result of our firm’s appellate efforts, the Second District Court of Appeal overturned the circuit court’s denial of the appellant’s pro se 3.850 motion and remanded the case for further proceedings on the 3.850 motion in circuit court.
LOUDERMILK v. STATE CASE NO.: 4D12-1059
Appellate Background: An appeal to the Second District Court of Appeal from a circuit court denial of a pro se 3.850 motion from a jury conviction and sentence of LIFE for sexual battery upon a child less than twelve, lewd and lascivious molestation of a child less than twelve, lewd and lascivious conduct with a child less than sixteen.
Appellate Result: Denial of 3.850 hearing reversed. As a result of our firm’s appellate efforts, the Fourth District Court of Appeal overturned the circuit court’s denial of the appellant’s pro se 3.850 motion and remanded the case for further proceedings on the 3.850 motion in circuit court.
HECKMAN v. STATE CASE NO.: 5D10-2162
Appellate Background: An appeal to the Fifth District Court of Appeal from a conviction and corresponding sentence of 22 years in state prison for a violation of probation
Appellate Result: Case reversed. As a result of our firm’s appellate efforts, the Fifth District Court of Appeal overturned the circuit court conviction and corresponding 22-year state prison term.
ESLER v. STATE CASE NO.: 2D04-1097
Appellate Background: An appeal to the Second District Court of Appeal from a jury conviction and sentence of 5 years in prison on a count of DUI with serious bodily injury.
Appellate Result: Case reversed. As a result of our firm’s appellate efforts, the Second District Court of Appeal overturned the circuit court jury conviction and five year state prison term.
HENDRICKSON v. STATE CASE NO.: 2D02-1304
Appellate Background: An appeal to the Second District Court of Appeal from a jury conviction and corresponding sentence of 15 years in state prison on one count of trafficking in methamphetamine and one count of possession with the intent to deliver methamphetamine.
Appellate Result: Case reversed. As a result of our firm’s appellate efforts, the Second District Court of Appeal overturned circuit court jury conviction.
STATE v. CALHOUN CASE NO.: 48-03-CF-7419-A-O
Appellate Background: An appeal to the Second District Court of Appeal from a VOP conviction and sentence of 6 years in state prison for a violation of probation for burglary of a dwelling.
Appellate Result: As a result of our firm’s legal efforts, the circuit court vacated his 6-year state prison term and reduced his sentence to credit for time already served.
STATE v. MONTREUIL CASE NO.: 03-CF-19901, 03-CF-22060
Appellate Background: A 3.850 post conviction motion to from a guilty plea recommended by a lawyer not affiliated with our law firm and corresponding conviction resulting in two consecutive life sentences. Our client entered an open plea to Circuit Court Judge Tharpe on two separate robbery with a firearm cases and received two consecutive life sentences.
Case Result: As a result of our firm’s legal efforts, Circuit Court Judge Michelle D. Sisco granted our 3.850 motion after a full hearing and vacated our client’s two consecutive life sentences resulting in an eighteen year sentence with credit for time served. Our client will not die in prison and instead will be reunited with his family and friends in a few short years.
STATE v. MURPHY CASE NO.: 08-CF-006927
Appellate Background: A 3.850 post conviction motion to the Thirteenth Judicial Circuit Court, filed by a lawyer not affiliated with our law firm, resulted in the State seeking a higher sentence upon remand.
Appellate Result: As a result of our firm’s legal efforts, the State Attorney agreed to offer credit for time served on the vacated sentence resulting in a sentence reduction of one year.
STATE v. ISLAM CASE NO.: 09-CF-016407
Appellate Background: A 3.850 post conviction motion to the Thirteenth Judicial Circuit Court from a guilty plea recommended by a lawyer not affiliated with our law firm and corresponding conviction and sentence of 25 years in state prison.
Appellate Result: As a result of our firm’s legal efforts, the State Attorney agreed to vacate our client’s 25-year state prison sentence prior to the start of a 3.850 hearing.
STATE v. WOODARD CASE NO.: 38-02-CF-000119, 38-02-CF-000378
Appellate Background: A 3.850 post conviction motion to the Eighth Judicial Circuit Court resulting from a guilty conviction (when our client was represented by a different law firm) from a VOP and a sentence of 10 years in state prison.
Appellate Result: As the result of our firm’s legal efforts, the State Attorney filed a motion to reverse and vacate. The Eighth Judicial Circuit granted the motion, reversed our client’s original probation violation convictions and vacated our client’s prison sentence.
STATE v. HOMANS CASE NO.: 03-CF-2585
Appellate Background: A 3.850 post conviction motion to the Thirteenth Judicial Circuit Court from a guilty plea recommended by a lawyer not affiliated with our firm and corresponding conviction and sentence of five years in state prison and 10 years of sex offender probation.
Appellate Result: As a result of our firm’s legal efforts, then Circuit Court Judge Anthony K. Black vacated his 5-year state prison term and terminated his 10-year term of sexual offender probation.
STATE V. WOOD-GONZALEZ CASE NO.: 13-CF-001872, 12-CF-05845, and 12-CF-05846
Appellate Background: A 3.800 motion to the Thirteenth Judicial Circuit Court to re-hear and reconsider a sentence of 43.2 months in state prison resulting from a guilty plea and corresponding resulting from the advice of a lawyer unrelated to our firm.
Appellate Result: Judge Daniel Perry granted our 3.800 motion, vacated our client’s 43.2 month state prison term and instead resentenced him to 24 months to run concurrently on all cases.
STATE v. DIAZ CASE NO.: 04-CF-8349
Appellate Background: A 3.800 motion to the Thirteenth Judicial Circuit Court to re-hear and reconsider a sentence of 60 months in state prison resulting from a guilty plea and corresponding resulting from the advice of a lawyer unrelated to our firm.
Appellate Result: Judge Daniel Perry granted our 3.800 motion, vacated our client’s 43.2 month state prison term and instead resentenced her to probation.
STATE v. WILLAMS CASE NO.: 90-CF-7926, 94-CF-4370
Appellate Background: A 3.800 motion to the Thirteenth Judicial Circuit Court to re-hear and reconsider a sentence of 12 years in state prison resulting from a guilty plea and corresponding resulting from the advice of a lawyer unrelated to our firm.
Appellate Result: Judge Chet A. Tharpe granted our 3.800 motion, vacated our client’s 12 year state prison term and instead resentenced him to probation.
STATE v. GUARDIOLA CASE NO.: 03-CF-009684
Appellate Background: A 3.800 motion to the Thirteenth Judicial Circuit Court to re-hear and reconsider a sentence of state prison resulting from a guilty plea and corresponding resulting from the advice of a lawyer unrelated to our firm.
Appellate Result: Judge Thomas Barber granted our 3.800 motion, vacated the original term of state prison and reduced it by 75 percent. With credit for time already served, our client was later released.
STATE v. MOSLEY CASE NO.: 08-CF-14335
Appellate Background: A successful Writ of Habeas Corpus vacating the conviction and sentence for Failure of a Sex Offender to Register.
Appellate Result: Conviction Reversed and Sentence Vacated. As the result of our firm’s legal efforts, the court granted our writ of habeas corpus, reversed our client’s conviction, and vacated our client’s original sentence (resulting from when our client was represented by a different law firm). In the eyes of the law, it was as if the case never happened.