- — First Degree Murder — Florida Appeal — Attorney McLain successfully argued the doctrine of manifest injustice overcame procedural bars to claim of newly discovered evidence which casted doubt into disbarred medical examiner’s trial testimony. The appellate court reversed and remanded for an evidentiary hearing on the merits.
- — Armed Robbery — Florida Appeal — The trial court denied request for postconviction relief because the defendant, after being given the opportunity to amend, cited to the wrong case number. Attorney McLain argued the trial court erred because the trial court could have easily noted the scrivener’s error and transferred the motion into the correct file. Resolution of a case on its merits is preferred and postconviction relief proceedings must provide meaningful access to the judicial process. The matter was reversed and remanded for the trial court to decide the request on the merits.
- — Resisting With and Without Violence — Florida Appeal — Attorney McLain successfully argued on appeal that dual convictions for resisting with and without violence arising from the same criminal episode violated Double Jeopardy Clause. The appellate court reversed and remanded for the trial court to vacate conviction for lesser offense.
- — Armed Robbery — Florida Appeal — Defendant filed postconviction motion for relief pursuant to Rule 3.850 alleging newly discovered evidence. The trial court denied the claim without a hearing. Attorney McLain argued the trial court erred by denying claiming without a hearing. The appellate court agreed. The matter was reversed and remanded for the trial court to hold an evidentiary hearing on the claim of newly discovered evidence.
- — Possession of Drugs and Paraphernalia — Florida Appeal — Defendant filed request for jail credit not awarded. Trial court denied request because it found defendant not entitled to additional jail credit. On appeal, Attorney McLain argued the trial court erred. The appellate court reversed. Defendant awarded additional jail credit, which resulted in his early release.
- — Burglary of Dwelling — Florida Postconviction — Attorney McLain argued that the trial court exceeded statutory maximum of sentence after it declined to impose violent career criminal enhancement because it found the punishment not necessary for protection of the public. Defendant afforded a de novo resentencing. Defendant’s prison sentence reduced by five years.
- — First Degree Felony Murder and Armed Carjacking — Florida Appeal — Attorney McLain argued that defendant, a juvenile offender, was entitled to be resentenced on the basis that the jury did not find he actually killed, intended to kill, or attempted to kill victim. Trial court must faithfully follow the law. The appellate court agreed and reversed and remanded for the trial court to resentence pursuant to more favorable sentencing law.
- — Trafficking Cocaine, Possession of Firearm by Convicted Felon, Possession of Cannabis, and Possession of Drug Paraphernalia — Florida Postconviction — Attorney McLain argued that the defendant received ineffective assistance of counsel when he rejected a favorable plea offer and proceeded to trial because defense counsel failed to advise him of a sentencing enhancement and incorrectly advised that he would not be eligible for gain time. The trial court agreed. The trial court vacated the defendant’s judgment and sentence and asked the prosecution to resume plea negotiations in good faith. Attorney McLain argued on appeal that the remedy was insufficient. The Appellate court agreed and reversed and remanded for the trial court to put the defendant back in position he would have been but for ineffective assistance. In other words, the State must reconvey the lost plea offer.
- — Sale of Cocaine — Florida Appeal — Attorney McLain argued that the postconviction court erred to deny defendant’s claims that attorney provided ineffective assistance of counsel without a hearing. The appellate court agreed and reversed and remanded for the postconviction court to (1) hold a hearing, (2) attach documents that conclusively refute the claim, and/or (3) provide leave to amend.
- — Armed Robberies — Florida Appeal — Attorney McLain argued that the trial court erred in finding that it was required to run defendant’s sentences on armed robbery offenses consecutively to his sentence in his violation of probation case as opposed to running only his minimum mandatory terms on the armed robbery offenses consecutively to the violation of probation sentence. The appellate court agreed and reversed for a new resentencning.
- — First Degree Felony Murder, Armed Robbery, and Armed Carjacking — Florida Postconviction — Attorney McLain argued that juvenile offender’s consecutive 9 year prison sentences were unconstitutional after trial court found him to be rehabilitated and reasonably believed fit to reenter society. The trial court agreed and released defendant on credit for time served.
- — Sexual Battery — Florida Postconviction — Defendant sentenced to 50 years in prison. Attorney McLain argued that defense counsel provided ineffective assistance of counsel by failing to object to nurse practitioner and law enforcement’s opinion that victims were credible and that defendant was guilty. After holding an evidentiary hearing, the trial court agreed and found that defense counsel provided ineffective assistance of counsel. The trial court vacated the judgment and sentence and ordered a new trial. Attorney McLain then successfully negotiated a 5 year time served resolution followed by probation.
- — Lewd Lascivious Molestation — Florida Postconviction — Defendant sentenced to mandatory 25 years in prison followed by lifetime sex offender probation. Attorney McLain argued that defense counsel provided ineffective assistance of counsel by failing to object to uncharged acts. After holding an evidentiary hearing, the trial court agreed and found that defense counsel provided ineffective assistance of counsel. The trial court vacated the judgment and sentence and ordered a new trial.
- — First Degree Felony Murder, Armed Robbery, and Sexual Battery — Florida Postconviction — Defendant, a juvenile offender, was sentenced to life plus 40 years in prison. Attorney McLain argued the defendant was unconstitutionally sentenced as a juvenile. The trial court found the defendant’s sentence to be unconstitutional. The case proceeded to resentencing. The trial court reduced the defendant’s total prison sentence to 40 years and provided for a judicial sentence review after the defendant served 15 and 20 years in prison. If at the judicial sentence review the defendant can demonstrate maturity and that they are reasonably believed fit to reenter society, then the trial court will reduce sentence to at least five years of probation.
- — Attempted Second Degree Murder — Florida Appeal — Juvenile offender sentenced to 25 year in prison with a 25 year mandatory minimum sentence. On appeal, Attorney McLain argued that juvenile offender was entitled to a judicial sentence review after 20 years because attempted second degree murder is a non-homicide offense. The appellate court agreed. The case was reversed and remanded for the trial court to provide for a judicial sentence review after 20 years.
- — Robbery with Firearm — Florida Postconviction — Motion to Correct Illegal Sentence Pending Appeal — Defendant was convicted of two counts of robbery with a firearm. The convictions involved two victims and occurred during the same criminal episode. The firearm was not discharged. The trial court ordered that the 10 year mandatory minimum sentences run consecutive. Attorney McLain argued that the trial court was without authority to run the mandatory minimum sentences consecutively. The trial court agreed. The trial court corrected the judgment and sentence to reflect that the 10 year mandatory minimum sentences are to be served concurrently.
- — Possession of Methamphetamine and Possession of Firearm by Convicted Felon — Request for Federal Certificate of Appealability — The defendant filed a federal motion to vacate sentence pursuant to Rule 2255. The federal district court granted the motion in part by modifying the defendant’s sentence. In a request for certificate of appealability, Attorney McLain argued, in part, that the federal district court erred by not considering newly decided case law when modifying the defendant’s sentence. The Federal Circuit Court of Appeals granted the defendant the right to appeal the issue.
- — Sexual Battery with Deadly Weapon and False Imprisonment with Deadly Weapon — Florida Postconviction Appeal — Defendant received 45 year prison sentence after being convicted at trial. Defendant claimed in a postconviction proceeding that he rejected a favorable plea offer based on counsel’s failure to advise of a 25-year mandatory minimum sentence. The trial court denied the claim without a hearing. On appeal, Attorney McLain argued that the fact that Defendant did not receive a minimum mandatory sentence because of an error in the verdict form did not refute claim that he would have taken the favorable plea offer had he known he faced a minimum mandatory sentence. The case was reversed and remanded for a hearing or for the court to attach records that would conclusively refute the claim.
- — Violation of Probation — Florida Direct Appeal — The trial court violated defendant’s probation and sentenced him to over five years in prison because he did not attend substance abuse sessions. Attorney McLain argued that probation may only be revoked for violating a condition imposed by the court, rather than a probation officer. After the prosecution conceded the error, the appellate court agreed and reversed and remanded for the defendant’s probation to be reinstated.
- –First Degree Murder and Conspiracy to Commit Robbery — Florida Postconviction — After serving 16 plus years in prison, Attorney McLain argued the defendant was unconstitutionally sentenced as a juvenile to life in prison without parole. The trial court found the defendant’s sentence to be unconstitutional. The case proceeded to resentencing. The trial court resentenced the defendant to time served and released him on probation.
- — Attempted Murder with a Firearm, Aggravated Assault, Battery, and Criminal Mischief — Florida Postconviction — Juvenile offender sentenced to 46 years in prison. Attorney McLain argued that the trial court imposed an illegal sentence. The trial court agreed. Defendant afforded a new resentencing hearing pursuant to chapter 2014-220, Laws of Florida.
- — Possession of Firearm by a Convicted Felon — Florida Direct Appeal — Motion for Rehearing — The appellate court initially found that a law enforcement officer was justified in arresting and searching the defendant. Attorney McLain assisted another attorney with a motion for rehearing and argued the appellate court’s initial decision was wrong. The appellate court agreed and found that the officer lacked probable cause to arrest the defendant and his mistake was not objectively reasonable. The appellate court ultimately affirmed the trial court’s order granting the defendant’s motion to suppress.
- –– First Degree Felony Murder, Armed Robbery, and Armed Carjacking — Florida Direct Appeal — Attorney McLain argued that the trial court erred by not reviewing the juvenile offender’s consecutive 9 year sentences for armed robbery and armed carjacking after having already served over 20 years in prison for his first degree felony murder conviction. The district court of appeal agreed. The district court reversed and asked the trial court to review the defendant’s consecutive armed robbery and armed carjacking sentences and determine whether he was rehabilitated and reasonably believed to be fit to reenter society.
- — Violation of Probation — Florida Direct Appeal — Attorney McLain argued that the trial court violated the defendant’s probation by relying solely on hearsay evidence. The district court of appeal agreed and reversed the defendant’s conviction for violation of probation.
- — First Degree Felony Murder, Armed Robbery, and Armed Carjacking — Florida Postconviction — After serving two decades in prison, Attorney McLain argued the defendant was unconstitutionally sentenced as a juvenile to life in prison without parole. The trial court found the defendant’s sentence to be unconstitutional. The case proceeded to resentencing and a judicial sentence review. The trial court determined the defendant was rehabilitated and reasonably believed to be fit to reenter society. The trial court ultimately reduced the defendant’s life sentence to around 29 years.
- — Attempted Robbery — Florida Postconviction — The defendant was found guilty of Attempted Robbery and sentenced to 15 years in prison. He was granted release pending his appeal and fled. Nearly a decade later, the defendant was located and sent back to serve his 15 year prison sentence. Attorney McLain filed a motion to correct illegal sentence because the defendant had been illegally sentenced under the 1994 sentencing guidelines. At resentencing, the defendant was the benefactor of new United States Supreme Court case law of Apprendi and its progeny. The trial court reduced the defendant’s 15 year prison sentence to 34 months.
- — Solicitation to Commit First Degree Murder — Florida Direct Appeal — After a nearly two week jury trial, the defendant was convicted of Solicitation to Commit First Degree Murder. On appeal, Attorney McLain was part of an appellate team which argued the trial court erred by limiting jury selection questioning. The appellate court agreed and reversed for the trial court to hold a new trial.
- — Attempted First Degree Murder, Armed Burglary, and Aggravated Assault — Florida Postconviction —Attorney McLain argued that the defendant’s plea was involuntary because his attorney misadvised him about his eligibility for a youthful offender sentence. After holding an evidentiary hearing, the trial court determined the defendant’s plea was involuntary because of his counsel’s misadvice. The trial court permitted the defendant to withdraw his plea and proceed to trial.
- — Kidnapping, Sexual Battery, Aggravated Battery, Attempted First Degree Murder — Request for Federal Certificate of Appealability — The defendant filed a state postconviction motion, an appeal of the state postconviction denial, and a federal postconviction motion claiming that his plea was the result of ineffective assistance of counsel. In a request for certificate of appealability, Attorney McLain argued that federal constitutional laws had been misapplied. The Federal Circuit Court of Appeals granted the defendant the right to appeal the denial.
- — Driving Under the Influence — Florida Postconviction Appeal — The defendant was convicted of driving under the influence as a result of a no contest plea. In a postconviction motion, the defendant argued that his plea was involuntary because his attorney had affirmatively misadvised him that he would only receive a one year driver’s license suspension. The trial court denied the defendant relief without a hearing. The defendant appealed. On appeal, Attorney McLain argued the trial court erred because the claim had not been previously litigated and was not conclusively refuted by the record. The appellate court agreed and reversed for the trial court to conduct an evidentiary hearing.
- — Sexual Battery with Deadly Weapon and False Imprisonment with Deadly Weapon — Florida Postconviction – The defendant was convicted of Sexual Battery and False Imprisonment after a jury trial and was sentenced to 45 years in prison with a mandatory minimum day-for-day prison sentence of 25 years. Prior to filing a direct appeal, Attorney McLain filed a motion to correct illegal sentence that claimed the jury failed to make factual findings necessary to impose the mandatory minimum prison portion of his sentence. The trial court agreed and granted the defendant a new sentence hearing. At the new sentence hearing, the trial court removed the mandatory minimum day-for-day portion of the defendant’s sentence, which allowed the defendant to accumulate gain time.
- — Aggravated Assault — Federal Direct Appeal — After a jury trial, the defendant was convicted of aggravated assault. At sentencing the district court, over the defendant’s objection, adopted a six level sentencing enhancement because of the victim’s official status. On appeal, Attorney McLain argued that the six level enhancement could not be applied because the defendant 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.
- — Robbery, Aggravated Battery, Aggravated Assault, and Felon in Possession of a Firearm — Florida Postconviction — Attorney McLain argued that the defendant’s attorney provided ineffective assistance of counsel by failing to ask for a special jury instruction at trial in regards to the robbery charge. As part of negotiations with the State, the defendant’s life prison sentence without the possibility of parole was reduced to 20 years.
- — Trafficking Cannabis — Florida Postconviction Appeal — the defendant filed a criminal petition pro se. The trial court, without providing the defendant notice, converted the defendant’s petition to a postconviction motion pursuant to rule 3.850 and entered a denial. On appeal, Attorney McLain argued that the trial court’s conversion of the defendant’s petition was erroneous and would prevent him from filing an actual rule 3.850 motion in the future. In addressing an issue of first impression, the appellate court affirmed but provided the defendant and like defendants the ability to file rule 3.850 motions in the future without them being barred as successive.
- — First Degree Felony Murder and Armed Robbery — Florida Postconviction — Attorney McLain argued that the defendant was unconstitutionally sentenced as a juvenile to life in prison without parole. The trial court found the defendant’s sentence to be unconstitutional. The case proceeded to resentencing. The trial court reduced the defendant’s life sentence to 45 years with a judicial sentence review after 25 years.
- — Reckless Driving with Fatalities — Florida Appeal – The defendant was convicted as a result of a plea. The trial court suspended the defendant’s license for 10 years. Attorney McLain argued on appeal that the trial court failed to support the 10 year driver’s license suspension with sufficient findings. The appellate court agreed and reversed.
- — Conspiracy and Possession of Methamphetamine — Federal Sentencing — The defendant was convicted of conspiracy and possession of methamphetamine after a jury trial. The federal guidelines called for a sentence of life in prison. Attorney McLain argued for a downward departure sentence. The defendant received a 15 year sentence followed by probation.
- — Trafficking Cocaine, Possession of a Firearm by Convicted Felon, Possession of Cannabis, and Possession of Drug Paraphernalia — Florida Sentencing — After a jury trial, the defendant was convicted of trafficking cocaine, possession of a firearm by convicted felon, possession of cannabis, and possession of drug paraphernalia. The defendant faced a maximum prison sentence of 47 years. The defendant received a total prison sentence of 6 years followed by no probation.
