Appellate Case Results

UNITED STATES v. POWELL CASE NO.: 09-11612
Appellate Background: A successful appeal to the Eleventh Circuit Court of Appeals regarding our contention that the district court erred in denying the motion to suppress evidence.
Appellate Result: LIFE Sentence and Conviction Reversed. As a result of our firm’s legal efforts, the Eleventh Circuit Court of Appeals reversed our client’s conviction and vacated our client’s life sentence and remanded the case to the district court.
MOLINA v. UNITED STATES CASE NO.: 8:12-cv-1010 & 8:12-cr-407
Appellate Background: Mr. Molina was found guilty at federal trial while represented by different counsel. Mr. Molina filed a 2255 motion against prior counsel alleging ineffective assistance of counsel.
Appellate Result: 2255 motion granted on March 28, 2013. Attorney Tim Bower Rodriguez handled the evidentiary hearing. After cross examination of prior counsel, District Court Judge Moody ruled that prior counsel was ineffective and granted the 2255 motion.
HECKMAN v. STATE CASE NO.: 5D10-2162
Appellate Background: An appeal to the Fifth District Court of Appeal from a conviction and corresponding sentence of 22 years in state prison for a violation of probation.
Appellate Result: Case reversed. As a result of our firm’s appellate efforts, the Fifth District Court of Appeal overturned the circuit court conviction and corresponding 22 year state prison term.
UNITED STATES v. KROCKA CASE NO.: 09-11245
Appellate Background: A successful appeal to the Eleventh Circuit Court of Appeals regarding our contention that the district court erred in denying his motion for judgment of acquittal.
Appellate Result: Sentence Reversed. As a result of our firm’s legal efforts, the district court reversed his conviction and sentence of 13 years and remanded the case to the district court for re-sentencing.
CALHOUN v. STATE CASE NO.: 03-CF-7419
Appellate Background: Mr. Calhoun hired our firm to file a 3.850 Motion for Post-Conviction Relief. After researching the case, our firm filed a 3.850 motion arguing that the criminal punishment code scoresheet was improperly calculated and resulted in an improper sentence.
Appellate Result: Resentencing granted on October 23, 2012. The court agreed that the scoresheet was improperly calculated and vacated Mr. Calhoun’s six year prison sentence.
LOUDERMILK v. STATE CASE NO.: 4D12-1059
Appellate Background: An appeal to the Fourth District Court of Appeal of the summary denial of a post-conviction motion alleging ineffective assistance of counsel.
Appellate Result: Case reversed. As a result of our firm’s appellate efforts, the Fourth District Court of Appeal overturned the circuit court summary denial of the motion for ineffective assistance of counsel and agreed that our client was entitled to an evidentiary hearing.
KOCH v. STATE CASE NO.: 2D09-1030
Appellate Background: An appeal to the Second District Court of Appeal from a conviction and corresponding sentence of five years in state prison for one count of fleeing and eluding a police officer.
Appellate Result: Case reversed. As a result of our firm’s appellate efforts, the Second District Court of Appeal overturned the circuit court jury conviction and corresponding state prison term.
HARDIN v. STATE CASE NO.: 2D08-3500
Appellate Background: An appeal to the Second District Court of Appeal from a conviction and corresponding sentence of five years in state prison for one count of trafficking in cocaine.
Appellate Result: Case reversed. As a result of our firm’s appellate efforts, the Second District Court of Appeal overturned the circuit court jury conviction and five year state prison term.
BURSON v. STATE CASE NO.: 2D11-5823
Appellate Background: An appeal to the Second District Court of Appeal from a conviction at trial by jury for trafficking in oxycodone.
Appellate Result: Conviction overturned. As a result of our firm’s appellate efforts, the Second District Court of Appeal overturned the circuit court conviction and corresponding state prison sentence.
ALEXIS v. STATE CASE NO.: 2010-CF-10467
Appellate Background: A motion to correct illegal sentence pursuant to Fla.R.Crim.P. 3.800(c) filed with the Orange County Circuit Court. The original term of imprisonment was 8 years state prison while represented by an attorney not associated with our law firm.
Appellate Result: Motion granted. As a result of our firm’s appellate efforts, on June 26, 2012 the Circuit Court granted the motion to correct the illegal sentence and our client’s term of imprisonment was reduced by nearly 50%.
BOYERS v. STATE CASE NO.: 2D12-1027
Appellate Background: An appeal to the Second District Court of Appeal of the summary denial of a post-conviction motion and corresponding sentence of 20 years for attempted murder of a law enforcement officer.
Appellate Result: Case reversed. As a result of our firm’s appellate efforts, the Second District Court of Appeal overturned the circuit court summary denial of the motion for ineffective assistance of counsel and agreed that our client was entitled to an evidentiary hearing.
ROBINSON v. STATE CASE NO.: 2D03-2460
Appellate Background: An appeal to the Second District Court of Appeal from a jury conviction and corresponding sentence of 15 years in state prison followed by two years of community control and 13 years of sex offender probation.
Appellate Result: Case reversed. As a result of our appellate attorneys efforts, the Second District Court of Appeal overturned circuit court jury conviction for lewd and lascivious molestation and the corresponding 15 year prison term and 13 year sex offender probation sentence.

STATE v. MURPHY CASE NO.: 08-CF-006927
Appellate Background: A granted 3.850 post conviction motion by a lawyer not affiliated with our law firm which resulted in the State seeking a higher sentence upon remand.
Appellate Result: As a result of our legal efforts, the State Attorney agreed to offer credit for time served on the vacated sentence resulting in a sentence reduction of one year.

STATE v. ISLAM CASE NO.: 09-CF-016407
Appellate Background: A 3.850 post conviction motion to the Thirteenth Judicial Circuit Court from a guilty plea recommended by a lawyer not affiliated with our law firm and corresponding conviction and sentence of 25 years in state prison.
Appellate Result: As a result of our firm’s legal efforts, the State Attorney agreed to vacate our client’s 25 year state prison sentence prior to a 3.850 hearing.
STATE v. MOSLEY CASE NO.: 08-CF-14335
Appellate Background: A successful writ of habeas corpus vacating the conviction and sentence of a Failure of a Sex Offender to Register.
Appellate Result: Conviction Reversed and Sentence Vacated. As the result of our firm’s legal efforts, the court granted our writ of habeas corpus, reversed our client’s conviction, and vacated our client’s original sentence (resulting from when our client was represented by a different law firm).
STATE v. GUARDIOLA CASE NO.: 03-CF-009684
Appellate Background: A 3.800 post conviction motion to the Thirteenth Judicial Circuit Court from a guilty plea and corresponding conviction and sentence.
Appellate Result: Our client’s sentence was reduced over seventy-five percent.
Summary
Service Type
Federal Appeals
Provider Name
Tim Bower Rodriguez, Federal Defense Attorney,
Area
Tampa, Orlando, Puerto Rico
Description
Federal Appellate Case Results