POST-CONVICTION REMEDIES What We Do Best
We assist criminal defense attorneys and their clients with experienced skills and abilities involving practically all aspects of the judicial and prisons systems. Our primary focus is on reducing the amount of time our clients are physically incarcerated and Assistance with successful re-Entry…
It's time for our government
and its alphabet agencies
to stop throwing lives away.
REVIEWS
WILLIAM NOAH LINDSAY, LAW LIBRARY SUPERVISOR, COLUMBIA C.I. 1992 - 1996
"I have never seen a law clerk win as many cases as Brian."
Clark v. State, Case number 1D06-0520
In an opinion rendered July 2, 2003, the Eleventh Circuit vacated the district court's order, “as the court denied relief on Clark's ineffective assistance of appellate counsel claim.” See Clark v. Crosby, 335 F.3d 1303, 1313 (11th Cir. 2003). On remand, the District Court held an evidentiary hearing on the issue of whether appellant had received effective assistance from appellate counsel. On May 3, 2004, the District Court entered an order which held that Clark’s appellate counsel was deficient in failing to raise the potential issues presented by the supreme court’s decision in State v. Gray, 654 So. 2d 552 (Fla. 1995), which held that the crime of attempted felony murder does not exist in Florida, and ordered that Clark be released from custody unless he was afforded an opportunity for a second direct appeal. Ultimately, Mr. Clark's judgments and sentences were vacated and set aside.
State of Florida v. Christopher J Thomas, Palm Beach County CASE NO.: 17CF001473
Brian assisted Mr. Thomas in his quest for Rule 3.850 Postconvition Relief. This is the response Mr. Thomas provided Brian: "I'd like to thank you for taking the time out on my case as well as keeping me fully informed on the details. I can tell you actually give a damn, which is a major differece in comparison to every other person I met."
State v. Byrd, Case Number 531988CF003965A1
Mr. Byrd was adjudicated guilty of approximately 52 counts consisting of burglary, theft and dealing in stolen property charges. Mr. Byrd received numerous consecutive 5 and 15 year sentences. With Brian’s assistance, Mr. Byrd was granted an immediate release from prison.
State of Florida v. Anthony Thomas, Dade County Case No. F-98-013424
Brian assisted Mr. Thomas in his quest for Rule 3.850 relief. After returning to court, Mr. Thomas thanked Brian for preparing him for his evidentiary hearing and said, "everything happened just like you told me it would."
Edward T. Mooney, DC #090913
Brian assisted Mr. Mooney in prevailing on an administrative challenge against the FDOC’s structuring of his sentences and forfeitures of gain time credits, which resulted in Mr. Mooney’ release from custody.
State v Shawn Griffith, Highlands County Case Number 88000047CFMXAX
Brian successfully assisted Mr. Griffith in obatining an appeal, which subsequently resulted in a reversal of Mr. Griffith's habitual offender designation.
Danny Goss v. State, Putnam Coutny Case Number 89001236CFAXMX
Brian assisted Mr. Goss in obtaining a writ of habeas corpus issued against then Secretary of the Florida Department of Corrections, Harry K. Singletary.
State v. Rhodehouse, Case No: 85-00008
State v. Rhodehouse, Case Number 85-00008. Mr. Rhodehouse had sentences consisting of two 13 year sentences, one 10 year sentence and one 40 year sentence. Through Brian’s assistance, Mr. Rhodehouse was able to return to court and ultimately received a 27 year sentence resulting in his immediate release.
State v. David A Winter Miami Dade County Case Number 92-CF-05419
Brian successfully assisted Mr. Winter with his quest post conviction relief and the return of property illegally taken as a result his incarceration.
Cecil B Johnson
Brian assisted Mr. Johnson with initiating a very successful and far-reaching constitutional challenge against the 1989 habitual offender statute. Mr. Johnson's case went before the Florida Supreme Court where the Court approved the appellate court's holding that the amendments to the habitual offender statute, section 775.084, were unconstitutional because they violated the Florida Constitution's single subject rule by addressing subjects that had no cogent connection. The court remanded the decision for resentencing of Mr. Johnson. This case ultimately resulted in numerous Florida prisoners obtaining postconviction relief--a shorter sentence. State v. Johnson, 616 So. 2d 1, 2, 1993 Fla. LEXIS 12, *1, 18 Fla. L. Weekly S 55 (Fla. January 14, 1993)
MIKE MCGREGOR, Frist DCA CASE NO. 1D06-0001
Brian successfully assisted Mr. McGregor with a postconviction challenge against the vountariness of his no contest plea to possession of a firearm by a convicted felon, attempted escape, aggravated fleeing and eluding, and escape Through Brian's assistance, the District Court reversed the trial court’s denial of Mr. McGregor’s claim of ineffective assistance of counsel based counsel's failure to inform him af a viable statute of limitationsdefense and remanded for an evidentiary hearing. Following the evidentiary hearing, the trial court released Mr. McGregor just in time for Christmas of 2006.
State of Florida v. Dan Divich, Broward County Case Number 08-000129CF10A
Facing the revocation of his felony probation based on a federal felony conviction, the Broward County State Attorney's Office initially said it would seek the imposition of at least a 12 year Florida prison sentence. Represented by the Law Offices of Teresa WIlliams and proceeding to the VOP hearing with a sentencing memorandum prepared by Brian, the VOP Court entered a no action on the alleged VOP, terminated the probation snd discharged Mr. Divich from custody.
State v. Jones, Case Number 75005112CF10A
Mr. Jones, author of the books, Stone Face and Hacksaw, received a 55 year sentence for a 1975 robbery. In 1999, he retained Brian and consequently returned to court on a post-conviction motion prepared by Brian. Mr. Jones prevailed and was re-sentenced to a 15 year sentence and immediately released from custody. See https://www.youtube.com/watch?v=iA3mcxBgmks
State of Florida v. John Fredrick Warford, Marion County Case Number 89-1850
The defendant received a 15 year sentence with a 3 year minimum mandatory. After retaining Brian, Mr. Warford filed the post-conviction motion Brian prepared and was granted an immediate release from custody.
State v. Wilson, Case Number 9802579
Mr. Wilson, 18 years of age at the time of the alleged offense, was convicted of attempted lewd and lascivious act on a minor. The court sentenced Mr. Wilson to a 4 year prison term. Mr. Wilson filed a post-conviction motion prepared by Brian, In less than forty-five days after retaining Brian, the court granted the motion Brian prepared, vacated the 4 year prison sentence previously imposed and resentenced Mr. Wilson to a 1 year, 5 month and 15 day prison term, which resulted in his immediate release from incarceration..
State v Lucas, Case Number 98002601CFMA
Appellant, Clentis Lucas, pled nolo contendere to one count of solicitation to commit first degree murder of his wife and was sentenced to twenty years in prison followed by ten years probation. Appellant filed a motion for postconviction relief pursuant to Fla. R.Crim. P. 3.850 in the trial court alleging ineffective assistance of counsel based on counsel's failure to make use of a viable entrapment defense. The trial court summarily denied the motion but the appellate court reversed. See Lucas v. State, 873 So.2d 557 (Fla. 1st DCA 2014)
Courson v. State, 652 So. 2d 512 (Fla. 5th DCS 1995)
A trial court had summarily denied Daniel Courson’s post-conviction motion seeking a belated appeal. See Daniel Courson v. State of Florida, Fifth DCA Case No. 95-386. Mr. Courson obtained Brian’s assistance and successfully obtaining the belated appeal.
State v Mancini, Case Number 9104892
Mr. Mancini approached Brian with a letter from his retained counsel that said she had reviewed the files and records in his case and that there was nothing anyone could do for him on the two life sentences he had in this case. Brian disagreed with the attorney, prepared a post-conviction motion and Mr. Mancini returned to court, which ultimately resulted in the court resentencing him to 22 years on these two life sentences his retained counsel said nothing could be done on. See Mancini v. State, 789 So.2d 1207 (Fla. 4th DCA 2001) (rejecting the state's argument that denial was required on Mancini facially and legally sufficient post-conviction claim).
State v. Mingle, Case Number 89-1850
Mr. Mingle obtained an immediate release from incarceration after the court granted the post-conviction motion prepared by Brian and vacated Mr. Mingle's Robbery with a Firearm conviction and sentence.
EUGENE JOSEPH CASTERNOVIA, U.S. Northern DISTRICT COURT of Fla CASE #: 3:08-cr-00079-MCR-3
ORDER granting Motion for Early Termination of Supervision as to EUGENE JOSEPH CASTERNOVIA (3). Deft is hereby discharged from supervised release and the proceedings in this case are terminated. Signed by JUDGE M CASEY RODGERS on 7/18/18. (mjm) (Entered: 07/18/2018). Brian assisted Geno with the preparation and filing of the successful motion for early termination of supervision in this case.
Bover v. State, 671 So. 2d 828 Fla. 3d DCA 1996)
With Brian's assistance, the Third District COurt of Appeal reversed the trial court's denial of relief and remanded with directions for the trial court to vacate the ten year habitual offender sentence imposed upon Mr. Bover in Miami-Dade County caseNumbers 91-38173, 92-15536, and 92-15712.
Copeland v. State, 720 So.2d 608 (Fla. 1st DCA 1998)
Brian assisted Andrew Charles Copeland and his attorney, Baya Harrison, in the preparation and filing of a motion for rehearing on the basis that one of the issue previously rejected as unpreserved for appellate review did not have to be preserved because it constituted a patently erroneous sentence error resulting in a sentence that no judge under any factual circumstances could impose. The district court granted rehearing and reversed and remanded for resentencing.
State v. Waldron, Case Number 93-00282
The court originally sentenced Mr. Waldron to a 15 year prison term. Mr. Waldron prevailed on a post-conviction motion prepared by Brian. Consequently, the court vacated the 15 year sentence and resentenced Mr. Waldron to 4 years, which caused his immediate release from incarceration.
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