Unpublished Wins

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 of whom you just successfully released. 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, we highly recommend contacting McIntosh Law for your legal needs.

Published Wins

Cummings, State, 310 So. 3d 155 (2DCA21)

PETITION GRANTED prohibiting State from prosecuting Aggravated Battery based on Stand-Your-Ground Immunity. Worked under supervision of Attorney Leland Taylor and Brett McIntosh.

State v. Bundrage, 286 So. 3d 259 (2DCA2019)

AFFIRMED the trial court’s granting of our motion to suppress in this State appeal.  Worked under supervision of Attorney Peter Lombardo in drafting the Answer Brief of Mr. Bundrage causing the win and allowing Mr. Bundrage to remain at liberty.

Aguilar v. State, 259 So. 3d 262 (2DCA2018)

REVERSED AND REMANDED FOR DISCHARGE. Worked under supervision of Attorney Brett McIntosh in drafting motion to suppress which was denied by circuit court.  On appeal, the Office of the Public Defender argued in accordance with our motion to suppress causing the reversal and discharge from incarceration.

Peterson v. State, 264 So. 3d 1183 (2DCA2019)

REVERSED AND REMANDED FOR DISCHARGE. Worked under supervision of Attorney Brett McIntosh in drafting motion to suppress which was denied by circuit court.  On appeal, the Office of the Public Defender argued in accordance with our motion to suppress causing the reversal and discharge from incarceration.

Shannon v. State, 252 So. 3d 358 (2DCA2018)

REVERSED AND REMANDED FOR DISCHARGE. Worked under supervision of Attorney Brett McIntosh in drafting motion to suppress which was denied by circuit court.  On appeal, the Office of the Public Defender argued in accordance with our motion to suppress causing the reversal and discharge from incarceration.

Morejon-Medina v. State, 277 So. 3d 1118 (2DCA Aug. 14, 2019)

PETITION GRANTED on grounds of ineffective assistance of appellate counsel with instructions to vacate solicitation to meet minor for sex based on double jeopardy.  Worked under supervision of Attorney Brett McIntosh in drafting petition.

State v. Midkiff, Orange County No. 1996-CF-2991-A (Aug. 2019)

SENTENCE VACATED AND INMATE RELEASED. Worked under the supervision of Attorney Mark O’Mara in case involving specific performance of a plea agreement causing immediate release of Mr. Midkiff who had been incarcerated for 22 years at the time.  NOTE: Mr. Baker trained Mr. Midkiff in the prison law library and upon Mr. Baker’s release, assumed the position of Senior Law ... Read More

Babic v. State, 276 So. 3d 82 (2DCA June 21, 2019)

3.850 DENIAL REVERSED AND REMANDED with instructions to allow Mr. Babic to file an Amended PCM.  Worked under Attorney Brett McIntosh’s supervision in this case.

State v. Johnson, Manatee, County No. 16-CF-2401 (July 9, 2020)

MOTION TO SUPPRESS based on unlawful delay caused State to reduce DUI charges to reckless driving.  Worked under Attorney Brett McIntosh’s supervision in drafting motion to suppress.

State v. Theresa Cook, Manatee County No. 18-CT-1531 (Feb. 11, 2019)

MOTION TO SUPPRESSGRANTED based upon unreasonable delay of traffic stop and MOTION TO SUPPRESS GRANTED based on improper use of accident investigation statement for criminal prosecution. Ms. Cook’s charges were dropped by the State. Worked under supervision of Attorney Brett McIntosh in drafting the motions to suppress.

Bryant v. State, Pinellas County no. 1964-15223CFANO

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 ... Read More

State v. Ross

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.

Newsome v. State

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 ... Read More

Malone v. State

Malone v. State, 195 So. 3d 1184 (2DCA2016) CERTIORARI GRANTED. Worked under Attorney McIntosh’s supervision and won dismissal of case on certiorari review.

Guerra v. State

Guerra v. State, 92 So.3d 292 (5DCA2012) IAAC PETITION GRANTED. Worked under Attorney Marshall’s supervision and won new trial on Montgomery issue.

Montina v. State

Montina v. State, 81 So.3d 594 (5DCA2012) REVERSED: Denial of appointment of counsel was reversible error. Reversed for new evidentiary hearing.

Oscar v. State

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.

State v. Baker

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.

Bolhorst v. State

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.

Vasquez v. State

Vasquez v. State, 976 So.2d 1191 (2DCA08) AFFIRMED: with recognition of defendant’s right to re-file 3.850 motion without successive concerns.

Ross v. Florida Parole Commission

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.

Cason v. Crosby

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.

Talley v. Crosby

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.

Vargas v. State

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.

Nolan v. State

Nolan v. State, 881 So.2d 635 (5DCA04) REVERSED: 3.850 motion’s denial reversed on involuntary plea issue for further proceedings.

Telfort v. Crosby

Telfort v. Crosby, 851 So.2d 171 (3DCA03) PETITION GRANTED: Habeas corpus for belated 3.800(a) appeal.

Vargas v. Crosby

Vargas v. Crosby, 847 So.2d 481 (4DCA03) PETITION GRANTED: Habeas corpus for belated direct appeal.

Suggs v. State

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.

State v. Bush

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.

Baker v. State

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

Jones v. State

Jones v. State, 810 So.2d 1071 (1DCA02) PETITION GRANTED: Habeas corpus for belated 3.850 appeal.

Robbins v. State

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.

McCalla v. State

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.

Robbins v. State

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.

Liptrot v. State

Liptrot v. State, 805 So.2d 1056 (1DCA02) PETITION GRANTED: Habeas corpus for belated 3.850 appeal.

Hobbs v. State

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.

Dougherty v. State

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.

Napolitano v. State

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.

Smith v. State

Smith v. State, 793 So.2d 34 (2DCA01) REVERSED: 3.850 motion’s denial of rehearing timeliness arguing “Mailbox” rule, reversed for evidentiary hearing.

Rowan v. State

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.

Rowan v. State

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.

Jones v. State

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.

Rolling v. State

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.

Bryant v. State

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.

Hernando v. State

Hernando v. State, 755 So.2d 188 (3DCA00) REVERSED: 3.800(a) motion’s denial of Hegg’s issue, reversed for resentencing.

Mundy v. State

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.

Mundy v. State

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.

Dwyer v. State

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 ... Read More

Rogers v. State

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.

Morales v. State

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.

Bennett v. State

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.

Velazquez v. State

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.

Smith v. State

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.

Smith v. State

Smith v. State, 670 So.2d 1181 (4DCA96) DISMISSED: Non-final 3.850 denial reversed with clarification.

Waters v. State

Waters v. State, 688 So.2d 940 (5DCA97) PETITION GRANTED: Habeas corpus for belated 3.850 appeal.

Singletary v. Bullard

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.

Rakers v. State

Rakers v. State, 664 So.2d 1038 (2DCA95) REVERSED: 3.850 motion’s denial on illegal sentence.

Houston v. State

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.

Guzman v. State

Guzman v. State, 651 So.2d 1320 (5DCA96) PETITION GRANTED: Habeas corpus for belated 3.800(a) appeal.

Blanco v. Singletary

Blanco v. Singletary, 662 So.2d 435 (3DCA95) PETITION GRANTED: Habeas corpus for belated appeal.

Wilson v. State

Wilson v. State, 680 So.2d 411 (Fla. 1996) REVERSED: Same case as #1, I drafted brief and PD adopted.

Wilson v. State

Wilson v. State, 660 So.2d 1067 (3DCA95) PETITION GRANTED: Belated direct appeal granted on postconviction motion.

Federal Wins

Sykosky v. Crosby

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.

Cortes v. Gladish

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.