Appeals Law Group provides nationwide appellate counsel including civil appeals, criminal appeals, post-conviction relief and executive remedies.
Appeals Law Group is a firm dedicated to helping individuals throughout the nation file appeals. With more than two decades of experience, the team has the resources necessary to take on even the most complex cases. Over the past 12 years alone, the team has handled approximately 3,000 appeals. The attorneys are admitted to practice in all 11 of the federal circuits, as well as all military courts. The lawyers are admitted to more than 20 different bars, including the Florida State Bar, the New York State Bar, and the North Carolina State Bar. Whether you are looking to file a claim involving criminal law, probate, workers’ compensation or family law, you can trust that the team will do all they can to make sure your rights and best interests are protected. For more information about working with an Orlando appeals attorney, contact the firm today.
Interesting profiles of several NYC judges, especially Judge Braithwaite-Nelson from the Second Department
Second Department reverses denial of motion to vacate guilty plea, vacates plea, and remands for further proceedings.
Defendant, a non-citizen, pled guilty to Criminal Possession of a Controlled Substance in the Fourth Degree in 2004. His lawyer advised him that his plea to cocaine possession "may" have adverse consequences, when in reality, deportation was mandatory.
He filed a notice of appeal, but the appeal was dismissed as abandoned in 2005. In 2013, he successfully moved to reinstate the appeal, and the Appellate Division reinstated the appeal. In this highly unusual circumstances, the Second Department held that because the appeal was reinstated, the Defendant's conviction was not final, and he could claim a benefit of a favorable change in the law under Padilla v. Kentucky.
Congratulations to my former mentor, colleague and friend Scott Brettschneider on a well-deserved win!
Congratulations to Laura Solinger
This is not a criminal case, but it is still nonetheless important for those who handle Federal habeas corpus petitions and Federal civil rights cases under 42 U.S.C. 1983.
Consider the following introductory paragraph of this opinion:
We hold that an affidavit which satisfies Rule 56 of the Federal Rules of
Civil Procedure may create an issue of material fact and preclude summary judgment even if it is self-serving and uncorroborated. And because this principle applies in all civil cases, including those in the realm of tax law, we overrule that portion of Mays v. United States, 763 F.2d 1295, 1297 (11th Cir. 1985), which is (or may be interpreted to be) to the contrary.
Another rough week in New York State Courts
No reversals to report.
However, there was an interesting reversal from the Second Circuit. In this unusual case, the Defendant was charged with multiple counts of drug‐related charges, including the manufacture of 1,000 or more marijuana plants, in violation of 21 U.S.C. § 841(a)(1) and § 841(b)(1)(A).
For a number of reasons, his case did not proceed for trial for 7 years, during which time the Defendant was incarcerated, and despite his numerous requests for a Speedy Trial.
The Second Circuit reversed and dismissed, finding that his Constitutional right to a Speedy Trial was violated
This case goes through the factors of Barker v. Wingo, the central Supreme Court case on the Speedy Trial guarantee of the Sixth Amendment, and is well worth the read.
The latest from Texas. Meanwhile, in New York...
This is a blog for Patrick Michael Megaro, criminal defense and appeals attorney. Each week we will post a digest of reported New York appellate decisions for the public and the bar's information to stay on the cutting edge of criminal law in the State of New York. THIS IS A FREE RESOURCE!!!!
NY Law Journal report on Judge shopping by Staten Island DA follows up on NY Post article of 12/12
nydailynews.com A Manhattan judge who sparked an expletive-laced spat with another judge in court has been banned from the bench.
Second Department reverses conviction for gun possession, grants suppression, and dismisses charges of Criminal Possession of a Weapon in the Second Degree. The majority opinion held that the Queens County Supreme Court should have suppressed the gun as the result of an improper inventory search. The dissenting opinion would have suppressed the gun and the knives found as well based upon an illegal stop for allegedly tinted windows by NYPD Anti-Crime plainclothes police officers not tasked with traffic enforcement.
Congratulations to Patrick Michael Megaro of Halscott Megaro, P.A. on this win
The Law Office of H. Manuel Hernandez, P.A. provides criminal defense and criminal appeals to Orlando, FL and surrounding areas.
Suarez Law Group: Mas de 35 años de experiencia. - Casos Criminales - Bienes Racices - Bancarrota - Testamentos - Seguro Social y Mas...
David Haas, a former federal prosecutor, practices criminal defense at Haas Law and represents clients around the United States and in Florida.
Benefit from working with a skilled trial lawyer and former prosecutor. Specializing in Criminal Defense and Family Law.
Defending people in all of Central Florida – Orange County, Osceola County, Seminole County, Polk County, and counties throughout Florida.
Orlando-based Residential and Commercial Real Estate Attorney. Also practicing Criminal Defense and Bankruptcy Law.
Family law attorney at the Law Office of Kenneth C. Gallagher can help with a variety of cases including divorce, child custody, time sharing, child support, alimony, and equitable distribution in Florida.
Board Certified in Criminal Trial Law by the Florida Bar. 10 years Experience. Criminal Defense, Family Law, Seal & Expunge.
Call Shawn R.H. Smith today to get help with your criminal and family lawyer matter. We service the entire central Florida area.
En las oficinas de Abogados Criminalistas Orlando, representamos a todo tipo de personas arrestadas y acusadas con casos criminales de toda naturaleza