Matthew McLain's Legal Cases (4)

Appeals

Criminal Appeal v. State of Florida

N/A

OUTCOME: Reverse Judgment and Sentence

Criminal law -- Probation revocation -- Error to revoke probation on basis of defendant's submission of false driving logs where only evidence of violation was hearsay -- Probation officer's testimony ... that defendant's driving log entries did not match GPS data from electronic monitoring system was hearsay, as the GPS data were offered to prove the truth of the matter asserted, that defendant was at specific locations reported by monitoring system at particular times on particular dates

Appeals

Criminal Appeal v. State of Florida

N/A

OUTCOME: Reversed and Remanded

Criminal law -- Post conviction relief -- Counsel -- Ineffectiveness -- Claim that counsel was ineffective for affirmatively misadvising defendant regarding consequence of plea was not procedurally bar ... red by defendant's failure to raise claim on direct appeal from trial court's denial of prior rule 3.170 motion to withdraw plea where rule 3.170 motion sought to withdraw plea based on state's failure to abide by terms of plea agreement and did not challenge effectiveness of counsel

Appeals

Criminal Appeal v. United States

N/A

OUTCOME: Reversed and Remanded

Aggravated Assault -- Federal Direct Appeal -- After a jury trial, Appellant was convicted of aggravated assault. At sentencing the district court over objection adopted a six level enhancement becaus ... e the official victim status. On appeal, Appellant argued that the six level enhancement should not be applied because he never committed another offense. The appellate court agreed and reversed for the district court to hold a new sentence hearing without using the six level enhancement.

Appeals

Postconviction v. State of Florida

N/A

OUTCOME: Granted New Trial

Attempted Second Degree Murder, Armed Burglary, and Aggravated Assault -- Florida Postconviction -- In a postconviction motion, Defendant argued that his plea was involuntary because his attorney misad ... vised him about qualifying for a youthful offender sentence. After holding an evidentiary hearing, the trial court determined Defendant’s plea was involuntary as a result of him receiving ineffective assistance of counsel. The trial court permitted Defendant to withdraw his plea and proceed to trial.

Transform legal challenges into solutions.

Connect now to review your situation.

The Avvo Rating explained

The Avvo Rating explained