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Appeals/Post-Conviction Motions Archives

What is a posthumous pardon?

The Texas Board of Pardons and Paroles has recently refused to issue a posthumous pardon for Cameron Todd Willingham. Willingham was executed in 2004 for the arson deaths of his three children. After working diligently on his case, the Innocence Project is disappointed with the board's decision.

How can I get my conviction reversed?

In Shelley v. State, Case Number 2D13-1941 the Second District Court of Appeal sided with O'Brien Hatfield, PA and reversed a sex crime conviction. This sex crime case reversal resulted from an appeal to the Second District Court of Appeal. It was an 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. As a result of our firm's appellate efforts, the Second District Court of Appeal vacated the sex crime conviction and sex crime sentence on the legal grounds of double jeopardy.

Court Finds Appellate Counsel's Assistance Ineffective

In Martinez v. State, 38 Fla. L. Weekly D2250d (Fla. 1st DCA 2013), Martinez petitioned for a writ of habeas corpus contending that he received ineffective assistance of counsel on direct appeal of his sentence for attempted 2nd-degree murder.

First DCA Reverses Excessive Sentence Then Reverses Sentence Again

In Sprott v. State, 38 Fla. L. Weekly D2238a (Fla. 1st DCA 2013), Sprott pled guilty to count one: uttering a forged bill, count two: possession of forged notes, count three: attempted scheme to defraud, and count four: possession of a forged, stolen, or fictitious driver's license. The trial court adjudicated Sprott guilty on all four counts and sentenced him to 24 months in Florida State Prison. On appeal, however, the First DCA reversed the original sentence as excessive.

Prosecutor Withheld Information In Regard to a Juror

In Davis v. State, 38 Fla. L. Weekly D2247b (Fla. 1st DCA 2013) a prosecutor withheld knowledge of a sitting juror's involvement in the law enforcement investigation of the case being tried although the prosecutor was unquestionably aware of that fact.

Mark J. O'Brien's cases have been featured in:
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“Mark, thank you for everything. I will forever be indebted to you. You have stood by me and believed in me when it was not the popular thing to do. You are an amazing advocate.” Adam Filthaut
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