Fourth District Court of Appeal Reversal

The Fourth District Court of Appeal reversed the Defendant's conviction because the court erred in refusing to give a special jury instruction on constructive possession of cocaine which more accurately stated the law to be applied on the facts of the case. The 4th DCA agreed that the special jury instruction should have been given instead of the standard instruction which was misleading under the facts. This reversal also led the 4th DCA to recommend to the Criminal Standard Jury Instruction Committee that it review the standard instruction for modification in cases where an issue at trial involves the joint possession of the premises on which contraband is found.

Attorney Convicted of Grand Larceny Wins Appeal

The defendant, an attorney, was convicted of Grand Larceny. After the defendant received psychological treatment, she was found competent to stand trial. Her conviction was reversed on appeal on the basis that coverage by the electronic media during the trial had such an adverse psychological impact on this borderline competent defendant that it rendered her incompetent to stand trial. The state subsequently appealed to the Florida Supreme Court, where the reversal was affirmed.

Conviction Reversed and New Trial Set in Kidnapping and Aggravated Assault Case

The defendant was convicted of numerous charges, including kidnapping and aggravated assault. On appeal, the appellate court found that the trial court's severe and prejudicial limitations on defense counsel's efforts to question witnesses during both direct and cross-examination concerning testimony elicited by the State deprived the defendant of a fair trial. The conviction was reversed and remanded for new trial.

Conviction Vacated in First-Degree Murder Case

The defendant was convicted of first-degree murder. After conviction, the defendant filed a motion to vacate his conviction on the ground that he had been denied effective assistance of counsel at trial because his trial counsel failed to call as a defense witness the county chief medical examiner to support the defendant's claim of self-defense. The trial court granted the motion to vacate. The state appealed, and won. The Florida Supreme Court reviewed the case, and reversed and remanded back to the appellate court. After the Florida Supreme Court's remand for reconsideration, the conviction was vacated.

Case Dismissed Against Alleged Organized Crime Figure

The Defendant was alleged to have been an organized crime figure. He was the subject of several months of wiretaps. After extensive hearings, the trial court suppressed all the wiretaps. The state appealed. The suppression of the wiretaps was affirmed by the Third District Court of Appeal, the Florida Supreme Court, and the United States Supreme Court. The case was subsequently dismissed.

Appeals Court Requires Change of Venue in Highly Publicized Manslaughter Case Involving City of Miami Police Officer

The appellee, a City of Miami Police Officer, was charged with two counts of manslaughter after he fired one shot which killed the driver of a motorcycle, and the ensuing crash killed the passenger. Riots, arson and looting followed the shooting. The trial was held in a city terrified that an acquittal would trigger another riot. Officer Lozano was convicted. He appealed his manslaughter conviction claiming he was not afforded a fair trial in Miami. The appellate court found that the threat of further rioting required a change of venue.

Miami Police Officer Wins Appeal in Manslaughter Case

This City of Miami Police Officer was charged with two counts of manslaughter after he fired one shot which killed the driver of a motorcycle, and the ensuing crash killed the passenger. Riots, arson and looting followed the shooting. The trial was held in a city terrified that an acquittal would trigger another riot. The officer was convicted. He appealed his manslaughter conviction claiming he was not afforded a fair trial in Miami. The appellate court found that the threat of further rioting required a change of venue.

Appeals Court Dismisses Indictment Due to Violation of Double Jeopardy Rights

Defendant moved to dismiss the indictment after the judge granted the government's motion for mistrial and discharged the jury. When the trial judge denied the motion, the appellate court granted interlocutory review and agreed that the defendant's double jeopardy rights had been violated. Indictment dismissed.

Alleged Chop Shop Proprietor Appeals Sentencing

Defendant, who ran a chop shop operation, appealed the imposition of consecutive sentences and restitution. The Court of appeals reversed the district judge and held that (1) defendant's federal sentence was to run concurrently with state sentence for running similar operation, absent upward departure, and (2) trial court could not enter restitution order in amount defendant was not likely able to pay.

Felony Charges Dropped Against Nurse Accused of Felony Grand Theft

Nurse accused of felony grand theft claimed that "victim" had given her the money. The trial judge denied the requested jury instruction on the "good faith" defense, and the jury convicted. The court granted bail and the appellate court reversed the conviction based on the denial of the requested instruction. Felony charges dropped.

First-Degree Murder and Kidnapping Conviction Reversed

The defendant was found guilty on charges of first degree murder and kidnapping. His conviction was reversed for failure to give proper jury instructions regarding involuntary intoxication for prescription drugs used in treating the defendant for clinical depression.

Conviction of Lewd and Lascivious Act on a Minor Conviction Reversed

The defendant was convicted of committing a lewd and lascivious act on a child under sixteen. The conviction was reversed for prosecutorial misconduct.

Real Estate Developer Charged in Boating Accident Wins Appeal to Lower Bail

Mr. Cameron, a successful businessman and real estate developer, was involved in a boating accident in which six people died. Although the standard bail in Broward County for the crimes charged was $190,200, the judge set Mr. Cameron's bail at $1,000,000. We filed an appeal and argued that the million-dollar bail was excessive, unreasonable, and violated Mr. Cameron's rights under the Florida and United States Constitutions. The Court of Appeals agreed and ordered the trial judge to reduce the bail. The trial judge ultimately set the bail at $190,200.

Cocaine Possession Conviction Reversed

The defendant was convicted of conspiracy to possess and possession of crack cocaine with intent to distribute. The conviction was reversed due to prosecutorial misconduct.

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