Florida Criminal Appeals Lawyer



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The following reported cases are cited for information purposes only.  They are, in no way, suggestive of a potential positive appellate outcome. The vast majority of criminal appellate and post conviction opinions are not favorable.  Each case is different, and an attorney cannot guarantee particular results.

United States v. Al-Arian– Represented Co-Defendant, Ghassan Ballut, in federal terrorism case. Outcome: Defendant found NOT GUILTY following jury trial on all 26 counts, including conspiracy to murder, RICO, and providing material support to a terrorist organization

Sierra v. State, 941 So. 2d 566 ( Fla. 2d DCA 2006) – Represented defendant in appeal to the Second District Court. Defendant originally found guilty of aggravated battery with a firearm. Outcome: Second District reversed the defendant’s convictions based upon a flawed jury instruction on self defense. Defendant awarded a new trial.

Miller v. State, 14 Fla. L. Weekly Supp. 826a (13th Cir. January 2007) - Represented defendant in appeal to the Circuit Court in the 13th Judicial Circuit.  Defendant pled to DUI after a motion to suppress was denied.  On appeal, the Court reversed the denial of the motion to suppress.  Law enforcement's stop of the defendant's vehicle was illegal where although law enforcement had information pertaining to a motorist being late, the motorist was not "missing" and thus, the stop was unwarranted.  
 
Flynn v. State, 947 So. 2d 1229 ( Fla. 2d DCA 2007) – Represented defendant in appeal to the Second District Court. Defendant originally found guilty of aggravated battery with injury. Outcome: Second District reversed the defendant’s convictions based upon a flawed jury instruction. Defendant awarded a new trial.

Dean v. State, 948 So. 2d 1042 ( Fla. 2d DCA 2007) – Represented defendant in appeal to the Second District Court in a DUI violation of probation case. Outcome: Second District reversed the trial court’s order finding the defendant in violation of his probation because the State’s evidence was insufficient, and relied upon hearsay, and the defendant had sufficient time left on probation to complete community service hours. Defendant released from DOC and placed back on probation.

Chouquer v. State, 950 So. 2d 1276 ( Fla. 2d DCA 2007) – Represent defendant in appeal to the Second District Court in a 3.850 case arising from a plea to 2nd Degree Murder. Outcome: Second District reversed the trial court’s summary order denying defendant’s 3.850. Case remanded for further proceedings.

Connor v. State, 32 Fla. L. Weekly D983 ( Fla. 2d DCA 2007) – Represented defendant in appeal to the Second District Court in a DUI Manslaughter case. Outcome: Second District reversed the Defendant’s conviction and 15 year prison sentence based upon improper opinion testimony given by law enforcement as to causation, and the Second District found error in the State’s admission of a photograph depicting the deceased. UPDATE:  Second District entered a new order July 11, 2008 reversing for a new trial based on the improper admission of a photograph.   

Vazquez v. State, 2009 WL 2382405 (Fla. 4th DCA 2009) - Fourth District Court of Appeal reversed summary denial of 3.850 motion in murder case.  Claims raised included new evidence, Brady violations and ineffective assistance of counsel.  

Seago v. State, 23 So. 2d 1269 (Fla. 2d DCA 2010) - 

Second District reversed armed robbery PBL conviction because trial judge breached position of neutrality by conducting a sua sponte inquiry of state witness.  Reversed and remanded for a new trial. 

Hicks v. State, 41 So. 3d 327 (Fla. 2d DCA 2010) - 

Second District reversed second-degree murder conviction because state failed to present sufficient evidence of ill will.  Trial counsel ineffective for failing properly preserve motion for judgment of acquittal.  Conviction vacated.  

Yarn v. State, 106 So. 3d 39 (Fla. 2d DCA 2013) -

Second District reversed conviction for battery on a police dog where the State failed to prove that the defendant intended to commit the offense.  Conviction vacated.

Wilson v. State, 76 So. 3d 1085 (Fla. 2d DCA 2011) - 

Second District reversed a robbery with a firearm conviction where the trial court failed to follow proper Faretta procedures when the defendant indicated he wanted to represent himself.  Reversed for a new trial. 

Rivera v. State, 180 So. 3d 1195 (Fla. 2d DCA 2015)-

Second District reversed drug convictions where defendant claimed entrapment, but where the trial court erred by prohibiting the defense from introducing evidence of a lack of criminal record.  Reversed for a new trial.

Gammage v. State, 181 So. 3d 1256 (Fla. 2d DCA 2015)-

Second District reversed jury tampering conviction where trial court fundamentally erred by giving improper jury instruction on "attempted" tampering.  Reversed for resentencing.

Williams v. State, 182 So. 3d 912 (Fla. 2d DCA 2016) -

Second District vacated a condition of probation prohibiting the use of alcohol during probation where the state failed to prove a nexus between alcohol usage and the charged offense.

Eveland v. State, 2016 WL 1273264 (Fla. 2d DCA April 1, 2016) -

Second District reversed an order finding the defendant in violation of probation where the State relied solely on hearsay evidence to prove the violation, and where the evidence did not establish a willful, substantial violation.  Prison sentence vacated and the defendant reinstated on probation for the balance of the term.here.