Gary Kollin’s specialized knowledge of the rules and procedures in appeals has provided him with the opportunity to argue and win cases in the state and federal courts of appeals. In the area of appeals, the firm handles the following types of appellate cases.

• Appeals in State and Federal Courts
• Post-Conviction Relief
• 2255 Proceedings
• 3.850 Proceedings

• Writs of Certiorari
• Writs of Habeas Corpus
• Writs of Mandamus
• Writs of Prohibition

RESULTS IN APPEAL CASES

15 YEAR DRUG TRAFFICKING CONVICTION OVERTURNED

Davis v. State
804 So.2d 400

Attorney Kollin obtained a reversal of Antoinette Davis’s trafficking conviction and her 15 year minimum mandatory sentence because of improper jury instructions.

PRISON SENTENCE OVERTURNED

Cruz v. State
884 So.2d 108

Gary Kollin obtained a reversal of the sentencing of Jorge Cruz because of an incorrect calculation of his guideline sentencing scoresheet. Cruz won a reduction of his sentence from 5 years prison to probation.

LAW PUNISHING ACQUITTED DEFENDANTS DECLARED UNCONSTITUTIONAL

Farmer v. Broward County
632 So.2d 658

Based on an appeal argued by Attorney Kollin, the appellate court declared a Broward County Ordinance unconstitutional, As a result, defendants who were found not guilty or had their cases dismissed no longer had to pay for their court appointed lawyers.

ARMED ROBBERY CONVICTIONS OVERTURNED

Madison v. State
720 So.2d 835

In an appeal handled by Gary Kollin, Floyd Madison’s convictions for armed robberies were overturned because the judge allowed the jury to consider improper evidence. On retrial Madison was found not guilty.

DEFENDANT ILLEGALLY DECLARED INCOMPETENT HAD HIS CASE DISMISSED AND HE WALKED FREE

Franklin v. Kearney
814 So.2d 462

Barry Franklin was arrested and then declared incompetent to stand trial. He was committed to the state mental hospital. Gary Kollin was then retained.

Gary Kollin filed a habeas corpus suit in the appellate court and obtained an order directing the judge to conduct a new hearing regarding Barry’s competency. Gary Kollin then convinced the State Attorney to dismiss the charges against Barry. He was released from the hospital and he returned to his everyday life.

APPELLATE COURT DECLARES JUDGE DISQUALIFIED TO PRESIDE IN DIVORCE CASE

Castillo v. Castillo
150 So.3d 1255

Sergio Castillo’s wife filed for divorce against him. He believed that the judge was prejudiced against him and he could not receive justice in front of her.

Castillo’s trial attorney called upon Gary Kollin because of his expertise in appellate work. Gary Kollin obtained a writ of prohibition from the appellate court. The trial judge was kicked off Sergio’s case and a new judge assigned.

FEDERAL DRUG TRAFFICKING CONVICTION WITH 10 YEAR MINIMUM MANDATORY SENTENCE REVERSED

United States v. Desir
259 F.3d 1233

Roosevelt Desir was convicted in federal court of trafficking in cocaine. Gary Kollin took over the case for his appeal. Gary Kollin convinced the United States Court of Appeals that the trial judge had an improper communication with the jury. Desir’s case was reversed and he was granted a new trial.

TWO FELONY CASES DISMISSED BECAUSE OF VIOLATIONS OF CONSTITUTIONAL SPEEDY TRIAL RIGHTS

Simmonds v. State
873 So.2d 482

In two separate cases, Gary Kollin obtained the dismissal of felony charges against Daniel. Gary Kollin convinced the appellate court that Daniel’s constitutional speedy trial rights were violated. Writs of prohibition were issued and all felony charges were dismissed.

DENIAL OF FILE SEALING REVERSED BECAUSE OF FAILURE TO CONSIDER DEFENDANT’S BACKGROUND

G v. State and M v. State
(Because their files are now sealed, the identities and case citations of G and M are not listed.)

G pled no contest to a grand theft charge. After he successfully completed his probation, G sought to have his file sealed. The trial judge denied his motion to seal.

M pled no contest to a misdemeanor perjury charge. After she successfully completed her probation, M sought to have her file sealed. The trial judge denied her motion to seal.

Gary Kollin appealed the judge’s denials in both cases. The appellate court reversed both denials because of the judge’s failure to properly follow the law as well as the failure to consider their backgrounds.

FELONY DRUG CHARGE PROHIBITED FROM PROCEEDING BASED ON A SPEEDY TRIAL VIOLATION

Marrow v. State
9 So.3d 771

Bill Marrow was arrested for a felony drug charges. The State Attorney failed to timely file the charges against Bill and the speedy trial time period expired. However, the judge refused to dismiss the charges.

Gary Kollin filed an appeal. The appellate court agreed and granted a writ of prohibition causing the charges against Bill to be dismissed.

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Disclaimer:
The facts of every case are different and unique. Gary Kollin, P.A., cannot make any promises or guarantees to the outcome of your or any particular case. The above posted results should not be relied upon for a guarantee as to your case.