November Round-Up:  New Publication and Case Activity

November (and October) have been busy months.  The most significant filings from my office lately have been:

Belated motion for postconviction relief - Brought on by a subsequent conviction, the purpose of this motion is to overturn the convictions that made the client eligible for a prison releasee reoffender (PRR) sentence.  The record revealed serious problems with the way the case was transferred from juvenile court to circuit court.

Rule 9.141 motion/Habeas Petition - Another belated effort, this motion focuses on the nonexistent crime of which Mark Kohut was convicted and on the ambiguity of the jury verdict with regard to whether he personally used a weapon, as required to enhance a conviction under 775.087, Fla. Stat.

Objections to Report and Recommendation to Deny Petition for Habeas Corpus - Basically an appeal of the Magistrate Judge's decision, this was the last chance to attempt to convince the federal habeas court that the 2254 Motion deserves an evidentiary hearing.

I'm also very pleased to announce the publication of "Attacking Aggravating Prior Convictions in Federal Habeas: Using Lackawanna and Daniels for . . . Practically Anything?" in next week's Bloomberg/BNA Criminal Law Reporter.  I hope to have an opportunity to challenge prior aggravating convictions used to enhance a subsequent sentence in the near future, and hopefully the idea will prove useful to someone else as well.  Bottom line:  if you didn't have postconviction counsel for your Rule 3.850 motion, your rule 3.800 motion, or your federal habeas proceedings (or Section 2255 proceedings for federal defendants), those convictions might be susceptible to challenge when used to enhence a subsequent sentence.

© Gray Proctor 2016