FLORIDA APPEALS COURT RECONSIDERS AND GRANTS AN EVIDENTIARY HEARING
In this particular case, the client, represented by Mr. Della Fera, filed a motion for post-conviction relief which the lower court denied without a hearing. This is where the role of a qualified and knowledgeable criminal appeal lawyer becomes crucial. Mr. Della Fera appealed the denial and argued that there were genuine issues of disputed fact that required an evidentiary hearing. After a denial from the appellate court, Mr. Della Fera persisted and filed a forceful petition for rehearing, pointing out in the record where the court overlooked critical facts and was ignoring its own precedent on the issue.
Della Fera’s hard work and dedication as a skilled appeal lawyer paid off. The appellate court reversed itself and held that the defendant was indeed entitled to an evidentiary hearing and remanded the case for that purpose. This decision demonstrates the significance of having a criminal appeal lawyer who can effectively argue in a persuasive manner to the appeals court.
It also serves as a reminder that even when a lower court denies a motion without a hearing, a skilled appeal lawyer can still fight for the defendant’s rights and potentially achieve a favorable outcome.
If you or a loved one is considering an appeal, it is important to seek the advice of a criminal appeal lawyer as soon as possible. An appeal lawyer can help to ensure that your rights are protected, and that all evidence is taken into account in your case. With the help of a qualified and experienced criminal appeal lawyer, like Richard Della Fera, you can increase your chances of a fair and just outcome in your case.