August 13, 2018- Another win for the Team! I was able provide the paralegal assistance in researching and writing the Motion to Dismiss a violation of probation case for Juan Garcia in Manatee County Case no. 2002-CF-01819 that Attorney Brett McIntosh filed and litigated on Mr. Garcia's behalf. On August 13, 2018, the Manatee County Judge Dismissed the VOP and released Mr. Garcia who had been extradited from California and who was facing 15-years in prison. It all came down to a credit issue concerning concurrent and consecutive sentences involving a mix of federal and state prison and probation sentences. We investigated the case, obtained letters and affidavits from the proper material witnesses and wrote the draft of the motion and Attorney McIntosh did the rest. If you want the best legal representation, in my opinion, call Brett McIntosh (941) 364-8002. You can find a link to his Firm's website under the Our Team Tab. Mr. Garcia is happy, free and home with his family. What a great feeling to be part of a winning team!
August 16, 2018-Another Win! Bryant v. State, Pinellas County no. 1964-15223CFANO.
In 1964 a 14-year old African American boy played a minor role in robbing a white man in St. Petersburg. Two other boys robbed the man by knocking him down and taking his watch and about $90; value on the watch was about $15. No weapon was used. Dwight Bryant, the 14-year old boy I mentioned, received $10 from the robbery that occurred a couple of blocks away from where he was sitting in a car waiting. All four boys confessed to the crime and apologized. For this crime, the high school sophomore with a straight A record and no prior criminal record, received a LIFE SENTENCE IN PRISON. He literally grew up in prison.
Mr. Bryant was paroled 3 times and each time he violated the conditions of his parole due to drug use. In 1980, he was convicted for possession of cocaine and was sentenced to 40 additional years in prison to be served consecutive to his Life sentence. That meant that if he ever was paroled again, he would be paroled "in to" his 40-year consecutive sentence to start serving that sentence. He was a dead man walking.
Through the years the Parole Commission denied Mr. Bryant any opportunity for release despite his exemplary prison record, no disciplinary reports for over 53 years and multiple program completions, GED, etc.
In 1993 I met Dwight when he was the senior law clerk at Hamilton C.I. Dwight hired me as a law clerk trainee and thus started my legal career. He was my mentor and friend.
Fast forward to 2017, I was happy to speak on behalf of Dwight at his Parole Hearing in Tallahassee and was successful in getting him referred to the Shearns Transition Program for Lifers at the Everglades prison. But it gets better.
In early 2018 I asked my friend Attorney Brett McIntosh for a favor in representing Dwight in challenging his Life sentence. Attorney McIntosh granted my request and Dwight hired Brett McIntosh, PA, to represent him in court. I drafted a Motion for Post Conviction Relief/Correction of Illegal Sentence for the case and Attorney McIntosh represented him.
On Thursday, August 16, 2018, Judge Nancy Moate Ley vacated Dwight's Life sentence and re-sentenced him to 2-years of probation with a heart-felt apology for the travesty of justice that had occurred in his case. At 9:30 p.m. that night, Mr. Bryant walked out of the Pinellas County Jail free and into his family's arms.
A huge shout-out to Brett McIntosh Law (941) 364-8002 for his excellent and zealous representation of Mr. Bryant in both his Parole Hearings and his Pinellas County case.
Also, a huge shout-out to Assistant State Attorney Sara Macks who exemplified the high character and professionalism all State Attorneys should show when she saw the travesty of justice in this case and worked to correct it in Mr. Bryant's favor.
Last but not least, a huge dose of gratitude to Judge Nancy Moate Ley who resided over this case with compassion, wisdom and justice over this case. She is a credit to the bench as ASA Macks is a credit to the State Attorney's Office.
Sunday I had lunch with my old friend by the bay in St. Pete, life is good for him today.
I am proud to announce that Dwight Bryant will be joining the Prisoner Connections Team as a Parole Specialist and legal consultant.
Again, if you want solid, dependable and zealous legal representation, it's my opinion that you will find none better than Brett McIntosh Law.
Recently we provided paralegal assistance to McIntosh Law during the trial of Jamari Murray-Barnes in a Manatee County murder trial. On October 13, 2017, after a multi-day trial, Mr. Murray Barnes was acquitted of all charges for this 2015 shooting; he was just 16-years old at the time of the murder. It was a privilege to provide Attorneys Brett McIntosh and Kevin Griffith legal assistance doing research and investigation behind the scenes before and during this trial. There is nothing like walking out of the courthouse with a client whom you just successfully caused the release of. McIntosh Law handles the full range of criminal trial, appellate and post conviction legal representation and Prisoner Connections provides paralegal support to the firm in both pretrial and post conviction arenas. If you're in need of an attorney, I highly recommend contacting McIntosh Law for your legal needs. You can find a link to McIntosh Law's website under the "Our Team" tab.
President & CEO
Prisoner Connections, LLC
PUBLISHED APPELLATE OPINIONS
(Includes circuit court level unpublished decisions from Aug. 2018)
56. Bryant v. State, Pinellas County No. 1964-15223CFANO (Aug. 16, 2018) LIFE SENTENCE VACATED and Mr. Bryant resentenced to 2-years of probation in this 1964 strong-arm robbery case Mr. Bryant participated in when he was 14-years of age. Atwell case.
55. Garcia v. State, Manatee County No. 02-CF-01819 (Aug. 13, 2018) DISMISSED violation of probation filed outside of probation term when defendant received proper credit for all time served.
53. Moore v. State, No. 2D18-1539 (2DCA June 15, 2018) BELATED APPEAL GRANTED. Worked under Attorney McIntosh’s supervision in a case where the Order Denying Rehearing in 3.850 proceeding was not served upon defendant or counsel.
52. Babic v. State, No. 2D18-1017 (2DCA Apr. 26, 2018) BELATED APPEAL GRANTED. Worked under Attorney McIntosh’s supervision in a case where the petition was not served notice of the denial of his post-conviction motion and almost 4-years had elapsed.
51. State v. Ross, No. 2D15-3682 (2DCA Dec. 9, 2016) AFFIRMED IN PART State’s appeal of dispositive suppression, we won on suppression in the home, but the court reversed the suppression of evidence found in car-rehearing pending.
50. Newsome v. State, 199 So. 3d 510 (1DCA2016) AFFIRMED W/O PREJUDICE TO FILE 3.850 worked under Sichta Law Firm seeking reversal of conviction with understanding that the primary issue was not preserved due to trial counsel error. We argued in a manner that although resulted in an affirmance, did secure directions guiding Newsome in seeking 3.850 relief from ineffective assistance of trial counsel.
49. Malone v. State, 195 So. 3d 1184 (2DCA2016) CERTIORARI GRANTED. Worked under Attorney McIntosh’s supervision and won dismissal of case on certiorari review.
48. Guerra v. State, 92 So.3d 292 (5DCA2012) IAAC PETITION GRANTED. Worked under Attorney Marshall’s supervision and won new trial on Montgomery issue.
47. Montina v. State, 81 So.3d 594 (5DCA2012) REVERSED: Denial of appointment of counsel was reversible error. Reversed for new evidentiary hearing.
46. Oscar v. State, 45 So.3d 885 (3DCA2010) AFFIRMED: Although the court affirmed the trial court’s denial of our 3.850 on newly discovered evidence, decision gave good definition of sufficiency for affidavits of newly discovered witnesses and contained good dissenting opinion.
45. State v. Baker, 8 So.3d 496 (2DCA09) AFFIRMED: Won my re-sentencing in Pinellas on predicate prior offense, see #33. State appealed on question of re-sentencing on already expired illegal sentence and lost. I handled re-sentencing and appeal pro se.
44. Bolhorst v. State, 983 So.2d 708 (5DCA08) REVERSED 3.800A motion’s denial for resentencing - split sentence VOP resentencing requires credit for supervision time towards new split sentence imposition.
43. Vasquez v. State, 976 So.2d 1191 (2DCA08) AFFIRMED: with recognition of defendant’s right to re-file 3.850 motion without successive concerns.
42. Ross v. Florida Parole Commission, 962 So.2d 1046 (1DCA07) REVERSED: Mandamus appeal on issue of erroneous lien placement by Leon County on DR case was reversed for refund.
41. Cason v. Crosby, 892 So.2d 536 (1DCA05) REVERSED: Mandamus appeal on issue of erroneous lien placement by Leon County. This decision is controlling precedent applying the Schmidt v. Crusoe case to DR cases.
40. Talley v. Crosby, 888 So.2d 708 (1DCA04) PETITION GRANTED: Certiorari petition granted on Leon County’s improper transfer prison DR mandamus to county of sentence.
39. Vargas v. State, 902 So.2d 166 (3DCA04) REVERSED; Based on my belated direct appeal (see #36) trial transcripts had been lost so that new trial was necessary and ordered.
38. Nolan v. State, 881 So.2d 635 (5DCA04) REVERSED: 3.850 motion’s denial reversed on involuntary plea issue for further proceedings.
37. Telfort v. Crosby, 851 So.2d 171 (3DCA03) PETITION GRANTED: Habeas corpus for belated 3.800(a) appeal.
36. Vargas v. Crosby, 847 So.2d 481 (4DCA03) PETITION GRANTED: Habeas corpus for belated direct appeal.
35. Suggs v. State, 845 So.2d 261 (2DCA03) REVERSED: 3.850 motion’s denial on ineffective assistance of counsel for not properly preparing for trial; incompetent defendant. Reversed for evidentiary hearing.
34. State v. Bush, 838 So.2d 1179 (5DCA03) REVERSED: I initially won Mr. Bush a new trial via a 3.850 motion on ineffective assistance of counsel. The State appealed and won. PD was appointed. See Harris’ dissenting opinion.
33. Baker v. State, 831 So.2d 217 (5DCA02) AFFIRMED: MY CASE. HO predicate’s illegality is not enough to cause HO illegality. Must be resentenced on prior predicate in a manner to prove ineligibility of HO. HO statute is not disposed to such hypothetical speculation as to predicate offense(s) legality. See #45
32. Jones v. State, 810 So.2d 1071 (1DCA02) PETITION GRANTED: Habeas corpus for belated 3.850 appeal.
31. Robbins v. State, 816 So.2d 783 (2DCA02) AFFIRMED: Delineation of when HO and Heggs issue are applicable and that collateral counsel ineffectiveness is not an appellate issue. Suggests other vehicle.
30. McCalla v. State, 814 So.2d 1209 (4DCA02) PETITION GRANTED: Certiorari petition on trial court’s denial of 3.800(c) motion as untimely where it was filed within 60-day time period. Merits review ordered on 3.800(c) motion.
29. Robbins v. State, 813 So.2d 960 (2DCA02) PETITION GRANTED: Habeas petition raising ineffective assistance of appellate counsel on oral pronouncement/written sentence variation issue.
28. Liptrot v. State, 805 So.2d 1056 (1DCA02) PETITION GRANTED: Habeas corpus for belated 3.850 appeal.
27. Hobbs v. State, 790 So.2d 1164 (4DCA01) REVERSED: 3.850 motion’s denial on ineffective assistance of counsel for not preserving suppression issue for appeal after plea of guilty. Remanded for evidentiary hearing and Hobbs was released.
26. Dougherty v. State, 785 So.2d 1221 (4DCA01) REVERSED: 3.850.3.800(a) motion’s denial of Hegg’s issue. Reversed for defendant’s presence at resentencing hearing and jail credit issue not refuted by record.
25. Napolitano v. State, 782 So.2d 1012 (4DCA01) REVERSED: 3.850 motion’s denial appeal on untimeliness grounds reversed for merits review on “Mailbox” rule.
24. Smith v. State, 793 So.2d 34 (2DCA01) REVERSED: 3.850 motion’s denial of rehearing timeliness arguing “Mailbox” rule, reversed for evidentiary hearing.
23. Rowan v. State, 791 So.2d 40 (2DCA01) REVERSED: 3.800(a) motion’s denial on “Karchesky” claim of improper multiple VOP bumps. Won 12-year reduction.
22. Rowan v. State, 779 So.2d 417 (2DCA00) REVERSED: Direct appeal Ander’s supplemental brief arguing for pre-Green credit and on un-preserved “Karchesky” issue. Won 12-year reduction.
21. Jones v. State, 770 So.2d 216 (1DCA00) REVERSED: 3.850 motion’s denial after evidentiary hearing remanded due to abuse of discretion in denying appointment of counsel. Remanded for new hearing on ineffective assistance of counsel for failing to call exculpatory witnesses at trial.
20. Rolling v. State, 755 So.2d 184 (3DCA00) and 767 So.2d 570 (3DCA00) REVERSED: 3.850 motion’s denial as untimely reversed and remanded for evidentiary hearing. Explains 3.850 time period tolling while prisoner is out of Florida’s jurisdiction.
19. Bryant v. State, 744 So.2d 550 (1DCA99) AFFIRMED W/O PREJUDICE: I re-filed (habeas corpus) and won Billy’s immediate release based on DOC’s improper forfeiture of CRD credits.
18. Hernando v. State, 755 So.2d 188 (3DCA00) REVERSED: 3.800(a) motion’s denial of Hegg’s issue, reversed for resentencing.
17. Mundy v. State, 743 So.2d 176 (1DCA99) REVERSED: 3.850 motion’s denial on timeliness issue. Two-year period is tolled while seeking U.S. Supreme Court Certiorari review of direct appeal decision.
16. Mundy v. State, 745 So.2d 351 (1DCA99) DISMISSED: Habeas petition seeking mandate recall due to misadvice from state appointed counsel causing missed collateral time periods. Dismissed for 3.850 relief then pending.
15. Dwyer v. State, 743 So.2d 46 (5DCA99) REVERSED: 3.850 motion’s denial after evidentiary hearing where the late Attorney Russell Crawford represented Dwyer. Attorney Crawford recommended that no appeal be taken because he would not win. I did appeal and won. I briefed issue on appeal that ineffective assistance of counsel does not automatically exclude newly discovered evidence, issues are not mutually exclusive.
14. Rogers v. State, 744 So.2d 1038 (4DCA99) REVERSED: On rehearing, 3.850 denial on involuntary plea and illegal sentence of banishment. On remand Mr. Rogers was discharged.
13. Morales v. State, 731 So.2d 91 (5DCA99) REVERSED: 3.850 motion’s denial on ineffective assistance of counsel for not calling exculpatory witnesses reversed for evidentiary hearing.
12. Bennett v. State, 732 So.2d 1130 (3DCA99) REVERSED: 3.850 motion’s denial of ineffective assistance of counsel for not calling exculpatory witnesses and jail credit issue reversed for evidentiary hearing.
11. Velazquez v. State, 727 So.2d 1096 (5DCA99) DISMISSED W/O PREJUDICE: Won 27-year reduction on sentence correction issue due to limitations period violation, appeal on jail credit issue dismissed w/o prejudice for re-filing.
10. Smith v. State, 697 So.2d 991 (4DCA97) REVERSED: 3.850 motion’s denial of ineffective assistance of counsel for allowing adult sanctions w/o written reasons - moved for PD and presented my draft which he adopted and filed.
9. Smith v. State, 670 So.2d 1181 (4DCA96) DISMISSED: Non-final 3.850 denial reversed with clarification.
8. Waters v. State, 688 So.2d 940 (5DCA97) PETITION GRANTED: Habeas corpus for belated 3.850 appeal.
7. Singletary v. Bullard, 701 So.2d 590 (5DCA97) REVERSED: Order granting visitation of children in prison appealed by state and reversed on appeal. Provides clear application of law on issue of prison visitation.
6. Rakers v. State, 664 So.2d 1038 (2DCA95) REVERSED: 3.850 motion’s denial on illegal sentence.
5. Houston v. State, 652 So.2d 950 (1DCA95) REVERSED: 3.850 motion’s denial reversed for evidentiary hearing on ineffective assistance of counsel for failure to raise involuntary intoxication defense and other misc. ineffectiveness.
4. Guzman v. State, 651 So.2d 1320 (5DCA96) PETITION GRANTED: Habeas corpus for belated 3.800(a) appeal.
3. Blanco v. Singletary, 662 So.2d 435 (3DCA95) PETITION GRANTED: Habeas corpus for belated appeal.
2. Wilson v. State, 680 So.2d 411 (Fla. 1996) REVERSED: Same case as #1, I drafted brief and PD adopted.
1. Wilson v. State, 660 So.2d 1067 (3DCA95) PETITION GRANTED: Belated direct appeal granted on postconviction motion.
2. Cortes v. Gladish, et al, 216 Fed. Appx 897 (11th Cir. 2007) REVERSED: §2254 denial for consideration of the merits of claims previously procedurally barred.
1. Sykosky v. Crosby, 187 Fed. Appx. 953 (11th Cir. 2006) AFFIRMED: §2254 denial on timeliness bar with delineation of complex timeliness issues and recent changes in the law.