posted 2016 | State v. E.S.
Client was arrested for aggravated assault with a firearm. He went to trial on a lesser gun charge and was convicted by a jury. The client did not appeal and hired Mr. Forman a year after his conviction and sentence. Mr. Forman told him that the only remedy was to file a motion for post conviction relief under rule 3.850. Mr. Forman meticulously went through the trial transcripts and found numerous errors made by trial counsel. These errors included counsel’s failure to object to improper bolstering of the victim’s testimony, improper comments in closing argument, failure to file a motion to exclude prejudicial evidence, and other errors which collectively deprived the client of a fair trial.
The trial court granted an evidentiary hearing and both the client and his former trial attorney testified. Mr. Forman argued that all of the errors warranted a new trial. The State vehemently opposed the motion and urged the trial court to deny the motion. After hearing the testimony and all of the argument, the trial court granted the motion and awarded the client a new trial! The State is appealing the victory. Of course, the client was very pleased with the result. This is just another example of how Mr. Forman finds errors that other lawyers do not realize could warrant a new trial.