Sample Briefs & Motions

 

Florida Supreme Court Briefs

Churchill v. State of Florida, SC16-654. Wrote the initial brief and reply brief requesting the Florida Supreme Court resolve the inter-district conflict between the Fifth and the Third District Courts of Appeal regarding whether an appellate court must accept a stipulation between the prosecutor and the defense that an issue is dispositive of the case. During the pendency of the appeal, the First District Court of Appeal certified this as an issue of great public importance. The Florida Supreme Court unanimously reversed the lower court’s decision in favor of the client.

          Initial Brief

          Reply Brief

Martinez v. State of Florida, SC15-1620. Wrote the initial brief and reply brief requesting the Florida Supreme Court resolve the inter-district conflict between the First and the Fourth District Courts of Appeal regarding whether the State of Florida must allege the basis for an enhancement under Florida’s 10-20-Life Law in the charging document for the enhancement to apply at sentencing.

          Initial Brief

          Reply Brief

Tambriz-Ramirez v. State, 17-713. Wrote jurisdictional brief resulting in opposing counsel conceding Florida Supreme Court could exercise its discretionary jurisdiction. Florida Supreme Court thereafter accepted review. Wrote initial brief arguing appellant’s multiple convictions violate double jeopardy and must be vacated.

      Jurisdictional Brief

Blanco v. State, SC17-1042. Wrote jurisdictional brief arguing Third District Court of Appeal’s decision conflicts with Florida Supreme Court precedent and Fourth District Court of Appeal precedent regarding whether a defendant may assert a subjective entrapment defense, and whether the State may rely solely on a defendant’s post-inducement conduct as its basis to establish a defendant’s predisposition to commit a charged offense to defeat this defense.

      Jurisdictional Brief

Williams v. State of Florida, SC16-785. Wrote jurisdictional brief requesting the Florida Supreme Court accepted discretionary review to resolve a certified conflict between the Fifth and the First District Courts of Appeal regarding Florida Statute 794.0115. The Court accepted the case for review following review of jurisdictional briefs. Subsequently, wrote the initial brief and reply brief arguing client is entitled to a more favorable reading of the statute and life sentence should be vacated.

          Jurisdictional Brief

Intermediate Appellate Courts

Williams v. State of Florida, 5D17-1992. Wrote initial brief appealing Miller v. Alabama juvenile resentencing denial arguing the Fifth District Court of Appeal and trial court erred in denying a resentencing hearing based on appellant’s presumptive parole release date.

     Initial Brief

Post v. State of Florida, 5D17-2085. Wrote initial brief arguing trial court erred in finding appellant guilty of indirect criminal contempt for making a public record request that violated the terms of a permanent injunction in furtherance of his post-conviction relief motion. Besides arguing insufficient evidence of service of the injunction and intent to violate the order, also argued that finding appellant in violation of the injunction violated his substantive due process right to pursue postconviction relief and violated his constitutional right to public records.

       Initial Brief

Smith v. State of Florida, 1D17-3478. Wrote common law Petition for Writ of Habeas Corpus arguing that petitioner’s life sentence must be vacated due to a true inconsistent verdict wherein the petitioner was charged and convicted of an enhanced offense of burglary with an assault receiving a life sentence, but acquitted of assault in a second count for the same person that caused his enhanced sentence.

       Petition for Writ of Habeas Corpus

Mincey v. State of Florida, 1D17-2312. Wrote initial brief following direct appeal arguing the trial court erred in denying appellant’s motion for judgment of acquittal, denying a request for jury instruction, and denying appellant’s motion for new trial.

        Initial Brief

Blanco v. State of Florida, 3D14-2622, Wrote Motion for Rehearing, Rehearing En Banc, and Motion for Certification before Third District Court of Appeal. The appellant requested the panel rehear the issue regarding whether the trial counsel was ineffective for failing to file a motion to dismiss regarding subjective entrapment defense. Or in the alternative, appellant requested the full Third District Court of Appeal hear the matter, or certify conflict with another district court of appeal, or certify a question of great public importance.

          Motion for Rehearing

Gadson v. State of Florida, 1D16-3327, Wrote, as co-counsel, initial brief before First District Court of Appeal requesting reversal of trial court’s summary denial of Florida Rule of Criminal Procedure 3.850 Motion alleging ineffective assistance of counsel in a premeditated first-degree murder conviction.

          Initial Brief

Trial Courts

Ullman v. State of Florida, 2009-CF-000945. Wrote Motion for Postconviction Relief alleging defendant received an illegal sentence when the trial court imposed a permanent revocation of her driver’s license for life. The trial court granted this motion resulting in defendant receiving her driver’s license back.

          Motion To Correct Illegal Sentence

State of Florida v. Johnson, Wrote and argued a motion to suppress in DUI alleging client was illegally stopped and detained because officers did not have probable cause of a traffic infraction, or sufficient articulable reasonable suspicion to stop client prior to arrest for DUI. Trial court’s opinion granting the motion to suppress was published in Florida Law Weekly.

        Motion to Suppress