PRINT PAGEBenjamin S. Waxman Prior Experience

Many highlights of Mr. Waxman’s career include:

  • Winning a reversal in United States v. Louis, 861 F.3d 1330 (11th Cir. 2017), a cocaine trafficking conviction based on insufficient evidence where the defendant had 111 kilograms of cocaine in the back seat of his car driving away from a ship containing another 227 kilos of cocaine 
  • Winning Williamson v. United States, 512 U.S. 594 (1994), vacating narcotics trafficking conviction and limiting the scope of 804(b)(3)’s “statement against penal interest” hearsay exception
  • Reversal of his client’s death sentence in Smith v. State, 699 So. 2d 629 (Fla. 1997)
  • Quashing the Third District Court of Appeal’s en banc decision dramatically limiting the availability of post-conviction relief for immigrant defendants who are not properly warned of their convictions’ deportation consequences in Peart v. State, 756 So. 2d 42 (Fla. 2000)
  • Reversal of the federal murder conviction of his client in United States v. Dominguez, 907 F.2d 216 (1st Cir. 1990), based on an issue of statutory construction
  • Lead counsel in Pottinger v. City of Miami, 810 F. Supp. 1551 (S.D. Fla. 1992), a class action brought on behalf of thousands of homeless persons against the City of Miami for violations of civil liberties

 

U.S. SUPREME COURT

Williamson v. United States, 512 U.S. 594 (1994), a rare review of a federal appellate court’s decision entered without written opinion, which vacated narcotics trafficking conviction and limited the scope of 804(b)(3)’s “statement against penal interest” hearsay exception

 

FEDERAL APPEALS

United States v. Louis, 861 F.3d 1330 (11th Cir. 2017)

Federal Trade Commission v. Teri Chierico, 206 F.3d 1378 (11th Cir. 2000), reversing client’s contempt citations for allegedly violating Federal Trade Commission’s anti-telemarketing judgment

United States v. Cataldo, 171 F.3d 1316 (11th Cir. 1999), winning sentence reduction based on erroneous application of obstruction of justice enhancement

United States v. Gomez, 164 F.3d 1354 (11th Cir. 1999), winning sentence reduction based on erroneous enhancement of base offense level

United States v. Sepulveda, 115 F.3d 882 (11th Cir. 1997), winning sentence reduction in possession of cloned cellular telephone case based on statutory construction

United States v. Perez-Tosta, 36 F.3d 1552 (11th Cir. 1994), reversing client’s conviction for trafficking in 140 kilos of cocaine based on insufficient evidence

Pottinger v. City of Miami, 810 F. Supp. 1551 (SD Fla. 1992)

United States v. Dominguez, 907 F.2d 216 (1st Cir. 1990)

 

FLORIDA SUPREME COURT

Ibar v. State, 190 So. 3d 1012 (Fla. 2016), reversing client’s death sentence and triple homicide conviction based on ineffective assistance of counsel

Sims v. State, 967 So. 2d 148 (Fla. 2007), local counsel in vacating death penalty and murder conviction based on ineffective assistance of counsel

Peart v. State, 756 So. 2d 42 (Fla. 2000)

Smith v. State, 699 So. 2d 629 (Fla. 1997)

 

STATE APPEALS

Frances v. State, 31 So. 3d 285 (Fla. 4th DCA 2010), reversing denial of post-conviction relief from 24-year-old conviction based on affirmative misadvice of counsel regarding deportation consequences

Hernandez v. State, 20 So. 3d 417 (Fla. 3d DCA 2009), reversing denial of post-conviction relief from cocaine trafficking conviction based on newly discovered evidence

Mehl v. State, 16 So. 3d 1060 (Fla. 4th DCA 2009), reversing enhanced sentence based on double jeopardy violation

Docekal v. State, 929 So. 2d 1139 (Fla. 5th DCA 2006), reversing sexual assault conviction based on erroneous limitation of right to cross-examine alleged victim

Dixon v. State, 901 So. 2d 384 (Fla. 3 DCA 2005), reversing DUI conviction based on violation of speedy trial rights

Robbins v. State, 891 So. 2d 1102 (Fla. 5th DCA 2005), reversing second-degree murder conviction based on violation of defendant’s right to silence

Goodrich v. State, 854 So. 2d 663 (Fla. 3d DCA 2003), reversing aggravated battery with a motor vehicle conviction based on trial court’s erroneous restriction on defendant’s closing argument

Barone v. State, 841 So. 2d 653 (Fla. 3d DCA 2003), reversing narcotics trafficking conviction based on erroneous admission of hearsay

Williams v. State, 715 So. 2d 1152 (Fla. 3d DCA 1998), reversing client’s conviction for burglary, resisting arrest, and theft based on erroneous admission of testimony regarding uncharged crime

Bell v. State, 614 So. 2d 562 (Fla. 3d DCA 1993), reversing client’s conviction for leaving the scene of collision with injuries based on improper restriction of client’s right to cross-examination

State v. Diaz, 595 So. 2d 969 (Fla. 3d DCA 1992), winning affirmance of order suppressing narcotics evidence based on illegal search

Smith v. State, 578 So. 2d 366 (Fla. 3d DCA 1991), winning reversal of client’s cocaine trafficking conviction based on erroneous denial of motion to continue trial

 

 


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