THE LAW OFFICE OF
WILLIAM MALLORY KENT
FEDERAL AND FLORIDA APPEALS AND POST-CONVICTION RELIEF

1932 PERRY PLACE
JACKSONVILLE, FLORIDA 32207
904-398-8000 - williamkent.com

kent@williamkent.com

Brief Bank of Sample Briefs

United States v. Kim Curtis Danner - federal direct appeal of motion to suppress challenging search warrant for defendant's home and various sentencing issues, including Dale-Rhynes violation and double counting under 924(c) and 21 USC 841 guidelines - Eleventh Circuit granted relief on sentencing issues.

Opinion Letter on Florida Speedy Trial 175 Day From Arrest Discharge Under Rule 3.191(a) [Given in Extradition Proceeding in Great Britain in Florida v. Phillip Harkins]

Jerry Broxton v. State of Florida, brief challenging stop and frisk of fisherman which yielded a personal use quantity of oxycontin in a plastic bag in the fisherman's pocket; brief also challenges application of 15 year minimum mandatory drug trafficking sentence on these facts.

United States v. Bruce Michael Orr, Federal appeal - child pornography - prosecution based on CP found only in temporary internet file folders.

Wilton Joseph Fontenot v. United States, federal direct appeal for state correctional officer convicted under anti-shredding provision of Sarbanes-Oxley Act for alleged false statement in hand written report of use of force incident.  Brief raises issue whether defendant must know or anticipate that a federal investigation is pending or threatened and intend to obstruct the federal investigation to violate the federal statute.

Oscar Arreguin-Aguilar v. United States, certiorari petition on issue of predicate crime of violence for sentencing guideline applicable to illegal reentry after a felony conviction.  Certiorari was granted and the sentence ultimately vacated and reduced to time served.

Gomez v. Florida, certiorari petition to the United States Supreme Court challenging Belton v. New York search of car incident to an arrest, after person arrested is already in police custoy.

David Coffield v. Department of Corrections, petition for rehearing en banc on issue of ex post facto deprivation of early release credits against habitual offender sentence.

Derrel Lafiet Hannah v. Department of Corrections, supplemental memorandum of law offered in support of formerly pro se federal habeas under 28 U.S.C. Section 2254; failure of trial counsel to file meritorious motion to suppress as basis to withdraw plea to trafficking in cocaine.

Derrel Lafiet Hannah v. James Manre, Sheriff, Flagler County Florida in re Forfeiture of $92,740.10, appeal of denial of motion under Rule 1.540 to set aside forfeiture order.

United States v. Joseph Miles Davis - Federal appeal - airport consent search, LAX, argument that after 9-11, "consent" search analysis must change, reasonable passengers assume they must consent to search of bags in airport.

Kevin Mack v. State of Florida, certiorari petition to United States Supreme Court applying Blakely to Florida plea agreement procedure whereby defendant is allowed to remain on bond pending sentencing, and if there is an intervening new charge, his guilty plea remains but court can impose any sentence up to the maximum.

United States v. John Bolen - Federal appeal, various issues including Brady violation based on failure of Government to obtain Bahamian criminal record of Government witness in timely manner.

Justin Mertis Barber v. State of Florida -State Appeal - Reasonable Hypothesis of Innocence, Refusal to Permit Interviews of Jurors Concerning Prejudicial Publicity - Evidentiary Issues

John Richard Knock v. United States - 2255 Documents - 2255 Form Petition with Attached Grounds and Statement of Facts - Knock's Memorandum of Law in Support of 2255 - Index to Knock's Appendix to 2255 - Knock's Reply to Government's Response

State Appeal - Denial of State Habeas [3.850 Motion] - Misadvice Concerning Effect of Multiple DUI Conviction on Ability to Obtain Hardship License - Timeliness and Due Diligence Issues

United States v. Walter Henry, Admission of Guilty Plea of Non-Testifying Coconspirator - Crawford Issue - Drug Code Testimony by Case Agent - Booker Challenge

State Appeal - Belton v. New York - Search of Car Incident to Arrest of Passenger - Carving Out Exceptions

Certiorari Petition - Blandford - Ex Post Facto Violation - Change in Honduran Law 

Draft of Brief - Tax Evasion Appeal

Request for Bond Pending Habeas Corpus

Blakely Challenge to State Sentence Based on Commission of New Offense Pending Sentencing [Kevin Mack]

Federal Brief [2255] on COA Granted on Question of Effectiveness of Defendant's Plea Agreement Waiver of Right to File 2255 

Federal Brief [2254] on COA Granted on Question of IAC in Failing to Object to Closing of Courtroom to the Public and Family of the Defendant During Testimony of Alleged Child Sex Victim.

State 3.850 Habeas - Capital Sexual Battery

Federal Direct Appeal Brief - Introduction of Guilty Pleas of Non-Testifying Coconspirators, Improper "Expert" Testimony "Interpreting" Wiretap Conversations, Crawford Objection to Expert Testimony

State 3.850 Habeas - Failure to Advise re Prison Releasee Reoffender (PRRO) Entitles Defendant to New Trial

Request for COA - Due Process Requires Application of Change in the Law Effective Before Case is Final on Direct Appeal - Booker Application of Existing Rule Argument

Improper Exclusion of Evidence of Defendant's Knowledge of Specific Prior Act of Violence by Victim in Self-Defense to Aggravated Battery

Application of Crawford v. Washington to Expert Opinion Testimony - Federal Felon in Possession Case and Expert Testimony on Interstate Commerce Nexus

Section 851 Enhancement Challenge - Minimum Mandatory Drug Sentence Based on Predicate Drug Conviction

Blakely Appeal Bond Motion to Fifth Circuit Court of Appeals

Blakely v. Washington - Sample Memorandum of Law in Support of a Federal Habeas Petition under 28 U.S.C. Section 2255 (First Petition Filed Within One Year of Sentence Being Final)

Federal direct criminal appeal brief False Statement Worker Compensation Claim Related - (Hurn)

Federal direct criminal appeal brief - 404(b) - outrageous governmental conduct and coerced jury issues - (Robert Mills)

Federal direct criminal appeal brief (Statute of Limitations attack on underlying state conviction used to impose mandatory life sentence under 28 U.S.C. Sections 841, and 851) - Charles Coleman - This brief resulted in a life sentence being vacated

Federal Appeal - Klein Conspiracy Involving Grantor Trusts - (Bloomquist)

Federal Appeal - Constructive Amendment of Indictment, Spousal Privilege, Sentencing Error: Court Misapplied the Upward Departure Suggested in U.S.S.G. 2 J1.6, comment. (nn. 3 & 4) and the Application of the Consecutive Sentence Required Under 18 U.S.C. 3146 - Hembree - [Note - this brief is in a web page html format that did not convert the appearance of the brief as it is as a text document.]

Petition for Certiorari - Federal Case (Graves)

Petition for Certiorari - Federal Case (Martin)

State Appeal of Denial of 3.850 - Suppression Issue, Lack of Probable Cause Tainted Confession - (Wakefield)

State direct criminal appeal brief - Trafficking in Cocaine - Illegal Search - Discovery Violation (Reyneldon Davis). Reply brief.  This brief resulted in the conviction and 22 year sentence being vacated. 

State direct criminal appeal brief - Edwards - Sapp Invocation of Rights Issue - Immunity (Ernest Coleman).

State appeal of denial of 3.850 motion Lifetime Driver License Revocation - Misadvice at Change of Plea on Repeat DUI (Sharpe). Reply brief. This brief resulted in a lifetime driver's license revocation being set aside.

State direct criminal appeal brief - Tillery accomplice instruction issue - insufficient quantity of cocaine to infer intent to distribute - trial in courthouse annex outside county seat (Tyson) 

State appeal of denial of 3.850 motion (Castro). 

Peart Motion to Set Aside Florida Conviction for Alien Being Threatened with Deportation [This motion was granted and the client was later able to be naturalized as a United States citizen.]

Petition for Certiorari to the United States Supreme Court -Federal Case - Immunity and Kastigar issue compelled testimony to insurance commissioner (Martin).

Motion for Production of State Grand Jury Transcripts in First Degree Murder Case (Jarvis)

Motion to Oppose Federal Collection of DNA Sample

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