Category Archives: Appeals Post Conviction
Nursing Home Tycoon To Face New Charges After Trump Pardon
Prosecutors have been going after Philip Esformes for a long time without success. Esformes was sentenced to 20 years for billion-dollar Medicaid fraud. However, that sentence was commuted by then-President Donald Trump. Nonetheless, other charges remained against him on the docket and since he had yet to be convicted, they could not be commuted…. Read More »
How Changes In Federal Law Can Mean Lower Prison Terms For “Crack Cocaine” Defendants
Before 2010, there was a significant disparity in how different types of cocaine-related drug crimes were sentenced in the federal court system. Basically, a person caught with crack cocaine faced the same sentence as if they possessed 100 times the amount of powder cocaine. This meant, for instance, that a defendant faced a sentence… Read More »
Florida Appeals Court Orders New Trial After Trial Counsel Failed To Strike Biased Juror
The right to a jury trial requires that the individual jurors are themselves impartial. In this context, impartiality means the jurors do not rely on any preconceptions about the defendant’s guilt or innocence before hearing the evidence. It also means that jurors will not infer guilt based on improper considerations, such as a defendant’s… Read More »
Can The State Object To The Appointment Of Post-Conviction Counsel?
When a person is convicted of a crime in Florida state court, they have the right to file at least one appeal. After exhausting all possible state appeals, a person may then pursue what is known as a federal habeas corpus review. Habeas corpus refers to the inherent authority of federal courts to review… Read More »
Will An Appeals Court Re-Weigh The Evidence Against Me?
When a person has been convicted of a criminal offense in Florida, they have the right to an appeal. The appellate process itself is sometimes misunderstood. An appeal is not a new trial. An appeal may lead to a new trial, but the appellate court itself will not retry a case or re-weigh the… Read More »
What Happens If My Lawyer Failed To Call A Key Witness At My Criminal Trial?
A common reason that criminal defendants apply for post-conviction relief following a guilty verdict is that their trial counsel was somehow “ineffective” in failing to take a certain action that could have changed the outcome. Not all decisions or mistakes made by a trial lawyer are grounds for relief, of course, but when there… Read More »
What Evidence Is Admissible In A Parole Revocation Hearing?
When a person is given probation–or “supervised release,” as it is known in the federal court system–they must follow a number of conditions in order to stay out of jail. As you might expect, one of those conditions is that the defendant cannot commit any additional crimes. If prosecutors have reason to believe the… Read More »
When Can A Florida Judge Impose Additional Costs As Part Of A Criminal Sentence?
A criminal conviction often means more than just potential jail time or probation. Many offenses also carry certain fines and additional court costs that must be paid as part of your sentence. These costs can quickly add up for defendants with limited financial resources, so it is crucial they not be assessed arbitrarily or… Read More »
How to Appeal a Criminal Conviction in Tampa, Florida
If you were convicted of a crime, don’t assume that it’s necessarily the end of the road. You may have alternative avenues that are worth pursuing, including an appeal. Other types of post-conviction relief could include sealing and expunging your record or a sentence modification. If you are interested to know what your options… Read More »
The Process of Appealing a Tampa Criminal Conviction
There are numerous reasons that someone might want to appeal a conviction in Tampa, but it’s important to understand that it’s not necessarily an easy process. There’s a common misconception that a successful appeal means the charges will disappear and there is no conviction at all. Instead, you could be put back in the… Read More »