Legal Resources and Work Product Samples

Choosing an attorney is an important decision.  I believe you have a right to see the kind of work I can do for you.  I have also listed some legal resources that I have found useful.

SELECTED FILINGS BY THE LAW OFFICE OF GRAY R. PROCTOR

Criminal:

Initial Brief in Sexual Battery case - the state conceded error on appeal in this case.

Rule 9.141 petition - ineffective assistance of appellate counsel

Initial Brief and Reply Brief - appeal of Rule 3.850 motion

Petition for Writ of Certiorari - The Petition is the first step in review by the Supreme Court of the United States.  This petition involves federal habeas review under 28 U.S.C. § 2254 of a life sentence.

Consolidated Motion for Postconviction Relief (juvenile convictions used to apply prison releasee reoffender enhancement under Section 775.082, Florida Statutes)

Motion for Certificate of Appealability (28 U.S.C. § 2254) 

Motion to Dismiss Indictment - Conspiracy, Wire Fraud, Mail Fraud, Money Laundering (U.S. District Court, Middle District of Florida) - I obtained permission from my client to make this ghostwritten pleading available on the Internet.

Motion to Withdraw Mandate 

Appellant’s Amended Initial Brief, Appeal of Order Dismissing Motion to Withdraw Plea pursuant to Rule 3.170 of the Florida Rules of Criminal Procedure 

Civil:

Initial Brief and Reply Brief in Ealy v. Geo Gcp, a prisoner civil rights case in which the Eleventh Circuit Court of Appeals (Federal, in Atlanta) appointed me to represent a blind inmate on his appeal.  I consider this a great honor.

Glassmax, Inc. a/a/o Juan Vega vs. GEICO - initial brief and reply brief in a contingency county-to-circuit insurance appeal

Certified Priority, Inc. v. State Farm - interlocutory appeal to the Fourth District Court of Appeal of an order compelling appraisal

KP Enterprises Inc. v. Frontline Homeowners Insurance - initial brief and reply brief of an appeal wherein the insurance company paid the wrong party

Plaintiff's Amended Memorandum of Law in Opposition to Defendants' Motion for Summary Judgment (Prisoner Civil Rights/RLUIPA)

Plaintiff's Sur-Reply to Defendants' Reply regarding Plaintiff's Exhaustion of his Retaliatory Transfer Claim (Prisoner Civil Rights/PLRA)

Plaintiff's Motion in Opposition to Defendant's Motion to Dismiss (Constitutional Law/Public Records Act)

Reply to Response to Petition for Writ of Mandamus (Parole)

Initial Brief (Insurance Appeal/Litigation) 


SELECTED PUBLICATIONS AND PRESENTATIONS BY GRAY PROCTOR

Gray Proctor, “Old Rule, Partially Retroactive, and No Remedy:  Why Hurst Wont Help Many on Floridas Death Row.” 28 FED. SENT. R. ___ (2016) (forthcoming).

Gray Proctor and Nancy King, “Post-PadillaPadilla’s Puzzles for Review in State and Federal Courts,” 23 FED. SENT. R. 239 (2010).

Gray Proctor, “Ngo Excuses: Proving, Rebutting, and Excusing Exhaustion in Prisoner Suits after Woodford v. Ngo and Jones v. Bock,” 31 HAMLINE L. REV. 471 (2008).

Gray Proctor, “The New Role of Federal Habeas Courts in Guaranteeing the Right to Effective Assistance of Counsel,” Florida Bar Journal June 2015.

Gray Proctor, “What State Criminal Practitioners Should Know About Federal Habeas Corpus,” The Record (Journal of the Appellate Practice Section Summer 2014).

Gray Proctor, “Hurst v. Florida:  Retroactivity Doctrine Allows Florida to Ignore the Constiutiton,” Bloomberg BNA Criminal Law Reporter (February 10, 2016)

Gray Proctor, “Retroactivity and the Uncertain Application of Johnson v. United States:  Is the Rule ‘Constitutional’ on Post-Conviction Review?” Bloomberg BNA Criminal Law Reporter (July 1, 2015).

Gray Proctor, “Whiteside v. United States:  Using 28 U.S.C. § 2255 to Correct Serious Guidelines Errors Based on New Law,” BNA Bloomberg Criminal Law Reporter (April 30, 2014).

Gray Proctor, “Christmas Comes Early in the Eleventh Circuit:  Using Bryant and 28 U.S.C. § 2241 When Section 2255 is Inadequate to Challenge Illegally Enhanced Sentences,” BNA Bloomberg Criminal Law Reporter (January 22, 2014).

Gray Proctor, Attacking Aggravating Prior Convictions in Federal Habeas: Using Lackawanna and Daniels for . . . Practically Anything?, BNA Bloomberg Criminal Law Reporter (December 4, 2013).

Gray Proctor, “The Supreme Court’s Ruling in Chaidez v. United States: Averting a Flood of Padilla Litigation by Former Prisoners,” BNA Bloomberg Criminal Law Reporter (May 22, 2013).

Gray Proctor, “Habeas Review under 28 U.S.C. § 2254 after Martinez v. Ryan: Federalization and Forum Shopping for Ineffective Assistance of Counsel Claims,” BNA Bloomberg Criminal Law Reporter (December 5, 2012).

Speaker and Panelist, “The ‘Solo Practitioner:’ Pro Se Litigants and Their Obstacles to Justice,” Fordham Law School, January 25, 2011.

Margaret Love and Gray Proctor, “Report on Deferred Adjudication Schemes in the States,” January 2011. This report is the first stage in a Pew grant project undertaken in cooperation with the Center for State Courts in Williamsburg, Va.


LEGAL RESOURCES ON THE WEB

Please note that many of these resources are supported by donations.  If you find a site to be particularly useful, it would be appropriate to contribute to its overhead and maintenance.

Federal Primary Resources

United States Constitution 

United States Code

Code of Federal Regulations (updates are in the Federal Register)

Federal Rules of Court (Rules of Civil Procedure, Criminal Procedure, Appellate Procedure, Evidence, etc.)

Federal Rules of Procedure for Federal Postconviction Proceedings (Sections 2254 and 2255 of Title 28)

United States Sentencing Guidelines

Local Rules for U.S. District Courts in Florida (Southern District, Middle District, Northern District)

Florida Primary Resources

Florida Constitution

Florida Statutes

Florida Regulations

Florida Rules of Court (Civil Procedure, Criminal Procedure, Appellate Procedure, Evidence, etc.)

Florida Rules of Executive Clemency 

Florida Standard Jury Instructions

Other Archive-type Resources

Legal Research at Justia

The Law Library of Congress

Legislative History from the Library of Congress

SCOTUSBlog - SCOTUS is an acronym for Supreme Court of the United States.  This blog warrants archive status because it links to the decisions below, the petition for cert and response, and any other filings.

Florida case law (District Courts of Appeal and Supreme Court only) from FindLaw 

Florida Supreme Court - Opinions (includes links to District Courts of Appeal)

Florida Supreme Court - Online Dockets 

Social Science Resource Network (SSRN) - Although challenging to use, this resource contains interesting academic writings not readily available elsewhere.

The Brief Bank of the National Association of Criminal Defense Lawyers (NACDL)

The Capital Defense Network's summary of all successful ineffective assistance of counsel claims after Strickland v. Washington (published opinions only)

Secondary Resources and Subject Matter Guides

A Jailhouse Lawyer's Manual (criminal and prisoner civil rights)

Florida Manual for Incarcerated Parents

Fifty-state Survey of Relief Mechanisms from the Collateral Consequences of Conviction (including pardons) (Margaret Love)

National Inventory of Collateral Consequences of Conviction (NICCC)

The Prison Litigation Reform Act:  2006 presentation by John Boston for the Staff Attorney's Office for the Second Circuit Court of Appeals - Dated but very useful to introduce the basic concepts.

Report on Section 2254 Litigation in Federal District Courts (Nancy King, 2007) and the 2012 follow-up study on appellate proceedings

Cornell Legal Information Institute Dictionary/Encyclopedia (for example, The Due Process Clause)

Florida Bar Appellate Practice Section - Pro Se Handbook

News and Periodicals

Prison Legal News

Groups and Organizations

Legal Services for Prisoners with Children - This group is based in California.  

Law School Programs

University of Miami Law School - Innocence Clinic

University of Denver - Civil Rights Clinic The District of Colorado contains ADX Florence, the federal supermax facility.

Chat Rooms and Discussion Boards

The Prison Planet chat forum

Prison Talk - Prison Information and Family Support Community

Other Resources

Federal Bureau of Prisons Inmate Locator 

Florida Department of Corrections Inmate Locator 

"Find a Lawyer" at the Florida Bar Association's site (disciplinary proceedings within past 10 years are available)

Attorney Discipline Information at the FBA site


© Gray Proctor 2016