The Wrongly Accused Landlord. State v. Jon M. Spera CR2010-2597 Sedona Municipal Court
Mar 25, 2011
OUTCOME: Found Not Guilty at Trial.
Mr. Spera a well educated professional made the mistake of renting his guest house to a tenant without conducting a background check. The tenant proved to be unstable and falsely accused Mr. Spera of U...nlawful Imprisionment and Disorderly Conduct. Mr. Spera, having committed no crime refused to plea bargain and secured the services of Mr. Gorman. Following a trial Mr. Spera was found Not Guilty of all charges.
Criminal defense
Zen And The Right To Be Left Alone. State v. Alyssa Scheuneman CR2010-069 Graham County Arizona
Oct 25, 2010
OUTCOME: Found Not Guilty at Trial.
Alyssa Scheuneman a woman of color, is a Spiritualist, Buddhist, Meditation and yoga teacher and resident of New York City. On June 30, 2009 she was traveling to a Buddhist retreat in Bowie, AZ. Ms. Sc...heuneman was stopped by Safford Police Officer's who removed her from her car, searched her purse, vehicle, trunk of her car and even had her open her mouth to see what they could find. Ms. Schueneman explained that the glass tube the officers found was used in her meditation practice. Ms. Scheuneman was charged with Possession of Drug Paraphernalia. Ms. Scheuneman refused to plea bargain and demaned a trial. Ms. Scheuneman secured the services of Mr. Gorman. Following the trial Ms. Scheuneman was found Not Guilty.
Constitutional
Incompetent Counsel. Roger M. Scott v. Charles L. Ryan et al CV-97-1554-Phx-PGR United States District Court Phoenix, Arizona
Oct 05, 2010
OUTCOME: Case is pending on appeal to the 9th Circuit Court of Appeals San Francisco, CA.
Arizona prisoner Roger Scott was sentenced to death and is held at Death Row in Florence, Az awaiting execution. Scott filed a petition for the issuance of a writ of habeas corpus in U.S. District Cour...t. Scott claimed his trial attorney was ineffective in his representation of Scott at his death penalty sentencing hearing. Scott’s than trial attorney a Maricopa County Public Defender called no witnesses at Scott’s capital sentencing proceeding and Scott was sentenced to death. The U.S. District Court denied Scott a hearing on his claim of ineffective assistance of counsel. However, the 9th Circuit Court of Appeals, San Francisco, CA reversed the District Court’s ruling and ordered an evidentiary hearing on Scott’s claim that he was denied his 6th Amendment right to counsel under the U.S. Constitution. See Scott v. Schioro, 567 F. 3d 573 (9th Cir. 2009) attached. Mr. Gorman testified as an expert witness. Mr. Gorman was recognized as an expert by the U.S. District Court at the evidentiary hearing and offered his opinion. Mr Gorman testified that Scott’s Maricopa County Public Defender was ineffective for failing to present mitigating evidence of Scott’s mental deficiencies at his capital sentencing hearing and for his failure to independently investigate and present proof of the fact/s that Scott had suffered traumatic brain injuries, was in a bicycle accident with a car, two motorcycle accidents, and a car accident all of which rendered him unconscious. Additionally Mr. Gorman testified that Scott’s public defender’s failure to present evidence that the State had offered Scott a plea agreement of 2nd degree murder and that the victim’s father had recommended leniency for Scott was below the prevailing professional standard for competent counsel. Mr. Gorman further testified that because Scott’s public defender had a duty to investigate and present all reasonable mitigating evidence that his performance was not reasonable “under prevailing professional norms” See Wiggins v. Smith, 539 U.S. 510, 521 (2003). Case is pending on appeal to the 9th Circuit Court of Appeals San Francisco, CA.
Appeals
Off Death Row. State v. Gary W. Snelling 236 P.3d 409 Arizona Supreme Court Phoenix,AZ
Aug 09, 2010
OUTCOME: Sentence of death reversed by Arizona Supreme Court
Gary W. Snelling was tried, convicted and sentenced to death in Phoenix, AZ. Mr. Gorman agreed to take the case after Mr. Snelling was sentenced to death and awaited his execution while on death row. M...r. Gorman briefed Mr. Snellings appeal and argued his case before the Arizona Supreme Court. On August 9, 2010 the Arizona Supreme Court reversed Mr. Snellings sentence of death. He is off death row.
Appeals
Off Death Row. State v. Kyle D. Sharp CR95000271 Bisbee, AZ Cochise County Superior Court
Jul 29, 2010
OUTCOME: Sentence of death reversed by The Honorable Wallace R. Hoggatt Cochise County Superior Court
Mr. Gorman agreed to take the case of death row inmate Kyle Sharp in post-conviction Rule 32 proceedings. Mr. Gorman and his defense team spent more than 10 (ten) years of investing, litigating and pre...senting legal arguments on Mr. Sharp's behalf. Mr. Sharp's sentence of death was reversed. Kyle D. Sharp was a resident of Tipton, Indiana who found himself in an Arizona jail cell in July of 1995 charged with capital murder. Mr. Sharp had no funds to secure a lawyer. Mr. Sharp was appointed a public defender. The Cochise county Legal Defender, James White, was appointed to defend Mr. Sharp. Although Mr. Sharp was facing the death penalty, no defense was presented by his public defender at the capital sentencing proceedings. Mr. Sharp was sentenced to death by a Cochise County superior Court judge on April 7, 1997. An appeal to the Arizona Supreme Court followed. The Arizona Supreme Court affirmed the trial judge's sentence of death (State v. Sharp 193 Ariz. 414, 1999). Mr. Sharp's only remaining option was to file a Rule 32 Petition for Post Conviction Relief. Mr. Gorman agreed to represent Mr. Sharp on a pro bono basis in 1999. Mr. Gorman filed a Petition for Post Conviction Relief arguing that Mr. Sharp was sentenced to death as a result of the incompetence of his public defender, the Cochise County Legal Defender James White. The Rule 32 proceeding has taken more than 10 (ten) years. On July 29, 2010, the Honorable Wallace Hoggatt granted Mr. Gorman's Rule 32 petition and ruled that Mr. Sharp had been denied his 6ht Amendment Right to Counsel, that his public defender was incompetent and reversed Mr. Sharp's sentence of death.
Criminal defense
State v. Gaylord CR2008-1696 Domestic Violence, Flagstaff, AZ
Jan 01, 2008
OUTCOME: All charges dismissed.
A young female NAU student was charged with domestic violence against her former boy friend. Mr. Gorman was retained and upon completion of investigation and negotiation with the prosecuting attorney a...n agreement to dismiss all charges was reached.
Appeals
Miranda Violation. State v. Marco Antonio Carrasco‑Calderon, 1 CA‑CR 07‑1082.Arizona Court of Appeals Div. One. Phoenix,AZ
Jan 01, 2007
OUTCOME: Statements obtained in violation of clients Miranda rights suppressed.
Mr. Gorman represented Defendant/Appellee Marco Antonio Carrasco‑Calderon before the Arizona Court of Appeals in State v. Marco Antonio Carrasco‑Calderon, 1 CA‑CR 07‑1082. The Court of Appeals accepted... Mr. Gorman's argument that the Miranda Warnings given to the Spanish speaking Carrasco‑Calderon were confusing, ambiguous and ineffective and affirmed the trial court's order suppressing Carrasco‑Calderon's statements to law enforcement officials. The police illegally obtain Mr. Gorman's client's statement in violation of his Miranda rights. The prosecution was denied the use of the illegally obtined statements at trial. The Court of Appeals agreed with Mr. Gorman's argument and affirmed the trial court's decision.
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Criminal defense
Marijuana Cultivation — The Right To Be Left Alone. Holbrook,AZ
Jan 01, 2006
OUTCOME: Marijuana Charges Dismissed
Felony drug charges against Mr. Gorman's client dismissed, search warrant invalid, illegal search and seizure. Bell was on probation when she was charged with two felony counts involving the Production... of Marijuana and Peyote. Local law enforcement had entered Ms. Bell's rural property with a Search Warrant and seized the large quantity of marijuana and peyote plants in her rural garden. Ms. Bell retained Mr. Gorman. The prosecuting attorney agreed to dismiss both felony charges after Mr. Gorman explained how the local law enforcement had violated the 4th Amendment to the United States Constitution in securing the search warrant. State v. Bell, CR20060130FE.
Criminal defense
The Right To Bear Arms. State v. Ramos, CR2005-2152. Flagstaff, AZ
Jan 01, 2005
OUTCOME: Found Not Guilty at trial of fire arms charges.
The Right To Possess Fire Arms.
Carlos Ramos was exercising his constitutional right to possess fire arms. He was charged with fire arms violations. Mr. Gorman represented Mr. Ramos at trial. Mr. Ramo...s was found not guilty. He kept his firearms.
Criminal defense
The Right To Possess Fire Arms. State v. Jose Gonzalez, CR2005-2120. Flagstaff, AZ
Jan 01, 2005
OUTCOME: Not Guilty of all Charges
Jose Gonzalez was exercising his constitutional right to possess fire arms. He was charged with fire arms violations. Mr. Gorman represented Mr.Gonzalez at trial. Mr. Gonzalez was found not guilty. He ...kept his firearms. State v. Jose Gonzalez, CR2005-2120.
