Representative Cases and Brief Bank
This page contains representative post-conviction and appellate briefs and other cases of interest, prepared and filed by Glenn Swiatek. Should the reader have any questions about the issues presented or the status of the case, they are invited to contact Mr. Swiatek personally.
State v. Parker
Charge: Sale of Cocaine
Courts: Okaloosa Circuit Court
Case Number: 2008 CF 409; 949
Case Category: Postconviction Relief
Position:
The Defendant was charged with sale of Cocaine in two cases and sentenced to 15 years in prison. We filed a Motion for Postconviction Relief alleging Inneffective Assistance of Counsel. The Motion was based on counsel not objecting to the state's allegations at sentencing, turning down a favorable plea offer and writing an unauthorized sentencing memorandum to the Court.
Status: The State offered a reduced prison term of 7 1/2 years with credit for all time served in lieu of proceeding to an evidentiary hearing. Our client accepted the State's offer.
Powell v. State
Charge: Driving Under the Influence – Fourth Offense
Courts: Okaloosa County Circuit Court
Case Number: 2007 CA 5354
Case Category: Petition for Writ of Certiorari
Position:
Mr. Powell’s driver’s license was permanently revoked by the Department of Highway Safety and Motor Vehicles. The Department alleges that Mr. Powell was convicted four (4) times of Driving Under the Influence. On Mr. Powell’s behalf we have appealed that determination.
Status: The Court has issued an order commanding the Department to file a reply brief as on the face of Mr. Powell’s Petition it appears that the permanent revocation of his driver’s license was an improper determination of law.
State v. Jones
Charge: Trafficking in Hydrocodone
Courts: Walton County Circuit Court
Case Number: 2006 CF 799
Case Category: Motion for Postconviction Relief – Ineffective Assistance of Counsel
Position:
The Defendant was convicted by a jury of trafficking in Hydrocodone and sentenced to a minimum mandatory term of fifteen (15) years in the Department of Corrections. Mr. Jones has asked us to file a Motion for Post Conviction Relief based upon Ineffective Assistance of Counsel.
Status: Awaiting Circuit Court’s ruling in regard to trial counsel’s failure to file a Motion to Dismiss the trafficking charge as the weight of the Hydrocodone did not amount to “trafficking” weight.
Craighead v. State
Charge: Aggravated Assault With A Firearm - 2 Counts
Courts: Okaloosa Circuit Court; First District Court of Appeals
Case Number: 1 D07-4079
Case Category: Appeal
Position:
The Defendant was convicted of two counts of Aggravated Assault with a Firearm. The Court sentenced the Defendant to consecutive three (3) year minimum-mandatory sentences. Among other things, the Defendant has appealed the sentence.
Status: The Defendant is currently released on an Appellate Bond. The State has conceded that the Defendant’s position as to his sentence is correct. We are waiting a ruling from the First District Court of Appeal.
State v. Smith
Charge: Felony Murder
Courts: Okaloosa County Circuit Court, Fla. 1st DCA, Fla. Supreme Court, U.S. Supreme Court
Case Number: Okaloosa Case No.: 1996 CF 1797
Case Category: Post Conviction Relief
Position:
Smith argued that his Writ of Habeas Corpus for a Motion to File A Belated Post Conviction Relief Motion (ineffective assistance of counsel) should be granted as his appellate attorney failed to file his Post Conviction Motion in Circuit Court. Writ Granted - with leave to file an Amended Petition on the issues of failure of trial counsel to file Motions to Suppress/Dismiss when State tampered with evidence and did not follow chain of custody procedures.
Status: Writ Granted. Awaiting evidentiary hearing on Amended Motion for Post-Conviction Relief
State v. Brasher
Charge: Possession of Controlled Substance
Courts: Okaloosa County Circuit Court, Drug Court Division, Fla. 1st District Court of Appeal
Case Number: Okaloosa Case No.: 2006 CF 2846; 1D07-4547
Case Category: Appeal
Position:
The Okaloosa County Drug Court program denies participants substantive and procedural due process when requiring participants to sign Deferred Sentencing Agreements.
Status: Currently on appeal. Chief Judge of First Circuit however has dropped the requirement of Deferred Sentencing.
State v. Cripe
Charge: Racing on Highway
Courts: Okaloosa County County Court
Case Number: Okaloosa Case No.: 2007 CT 4171
Case Category: Motion to Dismiss
Position:
Florida’s Racing on the Highway Statute is unconstitutional for failure to give notice of exactly what conduct is prohibited.
State Attorney’s The Okaloosa County Drug Court program denies participants substantive and procedural due process when requiring participants to sign Deferred Sentencing Agreements.
Status: State Attorney chose not to file Racing on the Highway charge but instead chose to file Reckless Driving charge. After Motion to Dismiss filed by defense, Reckless Driving Charge dismissed by County Court Judge.
State v. Fonville
Charge: Violation of Community Control on Original Charges of Lewd & Lascivious Conduct in Presence of Child
Courts: Okaloosa County Circuit Court
Case Number: Okaloosa Case Nos.:1999 CF 586; 587; 588; 589
Case Category: Post Conviction, Motion to Vacate Sentence
Position:
On advice of public defender trial counsel, Defendant entered a plea to the court for violation of community control and was sentenced to over thirteen years in Department of Corrections. Defendant had left his residence for approximately 5 minutes to retrieve his car. Our office filed a Motion to Vacate sentence as the trial court failed to enquire whether Defendant understood the rights he was giving up when he entered the plea.
Status: Motion Granted. Defendant’s sentence was vacated and he was reinstated to probation rather than community control.
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