The Brownlee Law Firm Blog

Filing A Petition For Writ Of Certiorari & Brief Of Amicus Curiae To The United States Supreme Court – Part 1 of 2

July 11th, 2019 by

U.S. Supreme Court BuildingI was recently asked by a fellow attorney to research how to file a petition for writ of certiorari and a brief of amicus curiae in the United States Supreme Court (USSC). This is the first of two articles that will address, in limited scope, filing:¹

  1. A petition for writ of certiorari in the United States Supreme Court, on review from a judgment or order entered by the 11th Circuit Court of Appeals
  2. An amicus curiae brief at the petition stage

These articles will not address the rules pertaining to filing an amicus curiae brief at the merits stage or oral argument stage, a cross-petition for writ of certiorari, a response to any petition, an initial brief on the merits, procedures related to a case before the Court at the oral argument stage, etc. (more…)

Michael Brownlee Presents Oral Argument to the Florida Supreme Court

April 17th, 2019 by

Florida Supreme Court On March 6, 2019, Michael (Mike) Brownlee of The Brownlee Law Firm had the honor of presenting oral argument to the Florida Supreme Court in case number SC18-674. Because the case involves children and an adoption proceeding, the Florida Supreme Court ordered that the briefing in the case be sealed.

As a result, we cannot share the briefs with the world as we do with most of our other appeals. But we can invite you to watch Mr. Brownlee’s oral argument. (more…)

Florida Supreme Court Amends Rules of Appellate Procedure to Change Briefing Deadlines

January 7th, 2019 by

Effective January 1, 2019!

Florida Appellate Briefing DeadlinesOn October 25, 2018, the Florida Supreme Court issued an order adopting proposed amendments to the Florida Rules of Appellate Procedure. The aspect of the order that will have the biggest impact on the appellate process in Florida is the change to the briefing deadlines for many Florida appeals and original proceedings.

The general theme of the amendments is that most deadlines triggered by service of an order or document have been extended.

Deadlines triggered by the filing of a document, on the other hand, have not been changed by the amendments. (more…)

Subjective Entrapment, Hearsay Testimony, and the Confrontation Clause

October 29th, 2018 by

Subjective Entrapment – Legal Framework

Subjective Entrapment, Hearsay Testimony, And The Confrontation ClauseThere are two types of entrapment in Florida: subjective entrapment and objective entrapment.  To determine whether a defendant has a viable objective entrapment defense, courts look solely to the conduct of law enforcement and assess whether the conduct was so egregious it violated the due process rights of the defendant.  But this post does not concern objective entrapment.  Instead, the focus of this article is subjective entrapment. (more…)

Board-Certified Appellate Specialist Michael Brownlee to Speak at the Christian Legal Society National Conference

September 24th, 2018 by

Appellate AttorneyOrlando-based appellate attorney Michael Brownlee has been selected to speak at the 2018 Christian Legal Society National Conference. This year’s theme is “Being Faithful: Advocating for Justice, Mercy, and Truth.”  The conference will be held October 11-14 in Clearwater Beach, Florida. Mr. Brownlee will be presenting on Friday, October 12, at 1:30 p.m. [...] Read More

Imputing Income for Child Support in Florida

June 14th, 2018 by

Imputing Income on Child Support in FloridaFlorida’s child support statute should be amended to give courts discretion not to impute income to a parent who leaves a high-paying job for a lower-paying job when the change is in the child’s best interests.

Picture it: Mom is a high-earning investment banker. Dad has a high-paying job too, but it doesn’t pay as much as Mom’s. So when they divorce, Mom ends up paying child support to Dad. (more…)

Does the State Need a Certificate of Appealability to Appeal a Habeas Judgement?

May 22nd, 2018 by

Appeal Habeas JudgementAnyone who’s handled a habeas appeal in the federal court system knows you have to obtain a certificate of appealability before appealing a district court’s denial of habeas relief. If the district court denies the request for a certificate of appealability, you have to ask the federal appellate court.  No controversy there.

The more interesting question, however, is whether a state is required to obtain a certificate of appealability before appealing a district court’s grant of habeas relief to the petitioner. (more…)

Should Your Trial Lawyer Handle Your Appeal?

March 7th, 2018 by

So, you’ve been through a difficult trial and now it’s up on appeal.  Or maybe you were bounced out of the trial court via summary judgment or on a motion to dismiss.  Perhaps you won in the trial court and the other side has appealed.

Regardless of how a case arrives in a court of appeals, the first question facing litigants is usually the same: should your trial lawyer handle your appeal. (more…)

Federal Sentencing and the Armed Career Criminal Act (ACCA)

March 5th, 2018 by

There is a practice in federal jurisdictions where sometimes the Government will seek an additional 15-year sentence enhancement for a defendant due to prior convictions under the Armed Career Criminal Act (ACCA).

Yet the Government does not always submit its own verified proof of prior convictions to the court, relying instead exclusively on the Presentencing Report, or PSR, prepared by the United State Probation, not the U.S. prosecuting Attorney. (more…)