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More Appeal and Habeas Wins [1]

January 30, 2007, federal district court reduces Avise Hunter's sentence from mandatory life to ten years imprisonment (29 year old client has already served six years leaving two years nine months to be served) after life sentence in drug conspiracy case was vacated based on Mr. Kent's pro bono 2255 petition arguments.  This reduction was based purely on legal arguments regarding the sentence and was not based in any way on substantial assistance.  The client refused to provide substantial assistance.
January 12, 2007, District of Columbia Circuit Court of Appeals orders Booker resentencing for client sentenced to life imprisonment in heroin conspiracy case (but otherwise affirms convictions and appeal following first resentencing).  In a special concurring opinion, Judge Kavanaugh added some interesting observations in response to my argument that the Booker remedy provision itself was unconstitutional.
November 27, 2006, state court agrees to vacate criminal plea and conviction based on inadequate plea colloquy in K. V. D. W. v. State of Florida.
October 25, 2006, Federal District Court grants relief on unique habeas claim, that retained counsel failed to appeal merits of two of five counts of conviction despite client's request to appeal all counts, entitled client to belated appeal of the two remaining counts, without a showing of prejudice, and continued client on bond pending the new appeal.  Click here to see decision in this case of first impression.
September 15, 2006, District Court of Appeal issues order to show cause why habeas for ineffective assistance of appellate counsel should not be granted based on claim that appellate counsel failed to argue Blakely challenge to court's fact finding that defendant breached a plea agreement obligation to not commit any new crime before surrendering to serve an agreed upon sentence, the violation of which permitted the judge to override the agreed sentence and impose a statutory maximum sentence.
August 31, 2006, District Court of Appeal vacates order denying state habeas and remands for an evidentiary hearing in sex offender case on motion to withdraw plea.
August 18, 2006, state concedes judgment, sentence and sex-offender order should be vacated in nine year old felony sex offense on the basis of Mr. Kent's argument that the court lacked jurisdiction to accept the guilty plea to the offense of lewd and lascivious assault. - Update October 20, 2006, despite State's concession of error and initial indication court would grant relief, court sua sponte denied relief.  Order under review.
June 19, 2006, appellate win at the federal court of appeals, in United States v. Lucious Lattimore, appeal of a denial of a federal habeas under 28 U.S.C. Section 2255, holding that waiver of right to file habeas contained in plea agreement was invalid on the facts of this case.  Click here to see the decision or here to hear a brief description of the case.
June 14, 2006 BNA Criminal Law Reporter features Mr. Kent's June 6, 2006, Federal Court of Appeals decision denying pro bono 2254 habeas in capital sexual battery life sentence case on novel basis that trial lawyer's unreasonable and non-strategic failure to preserve objection to reversible appellate error, which was conceded to be structural error, does not demonstrate prejudice as required for IAC claim in 23 page published decision.   
May 25, 2006, Federal District Court vacates Mandatory Life Sentence imposed under 21 U.S.C. Section 851 in Crack Cocaine Conspiracy (two prior felony drug convictions) based on federal habeas - 28 U.S.C. Section 2255 petition filed by Mr. Kent pro bono on behalf of Avise Hunter.  Click here to hear a brief description of the case.
Federal May 24, 2006, Government concedes and district court accepts IAAC claim in a pro bono federal 2255 habeas filed by Mr. Kent on behalf of Avise Hunter, agreeing that Hunter is entitled to have his mandatory life sentence imposed under 21 USC 841 and 851 based on two prior drug convictions vacated, and that he be resentenced without the mandatory life enhancement under Booker guidelines, subject only to Hunter giving a safety valve proffer.  After filing the habeas and accompanying memorandum of law Mr. Kent was disqualified from the case due to an alleged conflict of interest, that being that Mr. Kent had successfully appealed a co-defendant's mandatory life sentence under 21 USC 841 and 851 and had it reversed on unrelated grounds. 
May 19, 2006, First District Court of Appeals Issues Show Cause Order Why Lower Court Order Denying Habeas Petition in Sex-Offender Case Should Not Be Reversed 
May 17, 2006, Judge Reduces Sentence from 15 years PRRO to one year time served based on 3.850 involving PRRO notice problem.
May 10, 2006, State agrees to concede 3.850 motion vacating 15 year minimum mandatory PRRO sentence for burglary of a dwelling.
March 23, 2006, after Federal Court of Appeals orders re-sentencing in appeal of Ecstasy Conspiracy conviction for client of Mr. Kent, district court reduces sentence from 11 years 3 months to 4 years, leaving client less than one year to serve.  See Appellate Decision here.  

May 10, 2006, State agrees to concede 3.850 motion vacating 15 year minimum mandatory PRRO sentence for burglary of a dwelling.

March 23, 2006, after Federal Court of Appeals orders re-sentencing in appeal of Ecstasy Conspiracy conviction for client of Mr. Kent, district court reduces sentence from 11 years 3 months to 4 years, leaving client less than one year to serve.  See Appellate Decision here.  

Government Motion to Revoke Client's Bond in 61 Count Federal Indictment for Cocaine Conspiracy and Other Charges based on new charge of Obstruction of Justice Denied January 30, 2006 

News - November 16, 2005 Federal Court of Appeals  orders re-sentencing in appeal of Ecstasy Conspiracy conviction for client of Mr. Kent.  See Decision here

October 7, 2005 - Eleventh Circuit Court of Appeals grants certificate of appealability (COA) on issue of waiver of right to file federal habeas in federal criminal plea agreement and waiver of right to effective assistance of counsel.

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September 2005 - Florida state court grants motion to vacate plea and conviction in marijuana possession case;  state agrees to dismiss all charges.  Drugs had been found in Airport TSA search of the luggage of a traveling businessman who was then asked to deboard the airplane and was interrogated about the luggage.

March 31, 2005, trial judge grants stay of criminal case for interlocutory appeal of denial of a motion to dismiss based on double jeopardy grounds.  

March 30, 2005 federal district judge resentenced client to absolute bottom of the guidelines after remand for resentencing from court of appeals after successful appeal had resulted in mandatory life sentence based on two prior drug convictions under 21 U.S.C. 851 being vacated.  Given Booker advisory nature of guidelines, judge could have reimposed life sentence;  government asked for high end sentence.   

March 29, 2005, district court of appeal reversed repeat violence injunction based on lack of competent substantial evidence in a novel decision involving weblog writings which were treated as threatening and as an act of violence.  Click here for a copy of the decision.

March 24, 2005 federal district judge sentenced Mr. Kent's client to twelve (12) months imprisonment on a ten year minimum mandatory methamphetamine case after government filed only a two level substantial assistance motion.  The sentence reduction was based on Booker arguments presented by Mr. Kent.  The government objected to imposition of this Booker sentence, arguing that a reasonable sentence was the 41 month sentence called for under the guidelines. 

March 22, 2005 circuit judge granted a motion for rehearing on a state 3.850 motion in which Mr. Kent amended a pro se petition after the two year deadline to raise a winning Nixon v. Florida claim - client's court appointed counsel conceded guilt in closing argument without client's consent.  Mr. Kent is representing this client pro bono.  

March 22, 2005 State Attorney General conceded belated appeal habeas in a Fifth District Court of Appeal case in which the clerk of the court apparently lost the trial lawyer's notice of appeal.

February 14, 2005, Federal Eleventh Circuit Court of Appeals Granted a Certificate of Appelability in Federal Habeas of a State Capital Sexual Battery Conviction on Petition for Rehearing on Two Issues:  Whether Mr. Kent's Client Was Denied His Right to a Public Trial under The Sixth Amendment When the Trial Judge Cleared the Courtroom at the State's Request When the Alleged Child Victim Testified, and Whether the Procedural Default of This Issue by Not Raising in on Direct Appeal Was Excused by Ineffective Assistance of Counsel.  Mr. Kent's Client, JEP, is Serving a Life Sentence on this Charge.  

February 14, 2005, the First District Court of Appeal Discharged its Rule to Show Cause Why this Repeat Violence Injunction Appeal Should Not be Dismissed as Moot, Accepting Mr. Kent's Argument that His Appeal of His Client's Repeat Violence Injunction was Not Moot Because it Had Expired by Law, Due to Its Collateral Consequences for His Client, ML, Including His Choice of College and Profession.

January 26, 2005, United States Attorney's Office Agrees to Reduce Felony Illegal Reentry Charge to Misdemeanor and Time Served Sentence in Response to Motion to Dismiss Predicated on Having Vacated the Underlying Drug Felony Which Was the Legal Basis for the Prior Deportation.

January 24, 2005, United States Supreme Court grants certiorari in Mr. Kent's petition for client Gerald Padmore, vacates the judgment of the Eleventh Circuit Court of Appeals, and remands for consideration of United States v. BookerClick here for the decision of the Supreme Court.

January 4, 2005, Circuit Court Vacates DUI With Accident Conviction Based on Double Jeopardy Writ of Prohibition, Arising Out of Use Immunity From Accident Report Privilege.

December 17, 2004, County Court Chief Administrative Judge Vacates Traffic Court Conviction in Accident Case (the Judgment of Which is Admissible in the Pending Civil Action) under Rule 1.540, Relief from Judgment Due to Lack of Appellate Record.

November 30, 2004 the Florida First District Court of Appeal reversed the trial court and vacated a permanent injunction against repeat violence for Mr. Kent's client R.F.  Repeat violence injunctions carry some of the same stigma of a criminal conviction.  See a copy of the decision here.

September 13, 2004 Florida Circuit Court vacated a felony marijuana conviction under a Peart claim with a novel twist - the client had already been deported more than two years before filing his 3.850 motion, but filed his motion promptly upon reentry.  [The client is facing sentencing for illegal reentry in federal district court.]   The Circuit Court accepted Mr. Kent's equitable tolling argument extending the limitations period for the period of time the client was outside the United States as a result of his deportation for this offense. 

August 23, 2004 - Federal district court grants sentence reduction after government had initially taken the position that no further reduction in sentence was possible under Rule 35, resulting in first a 2255 habeas then a new Rule 35 motion.

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