Appellate and Post-Conviction Proceedings
Nathans & Biddle's appellate and post-conviction practice group is widely acclaimed for its success in overturning federal and state criminal convictions. Nathans & Biddle's reputation led a Chief Federal District Court Judge to recruit Larry Nathans to spearhead the successful federal post-conviction defense of a close relative. While past successes do not predict future outcomes, Nathans & Biddle attorneys have won eight of their last ten post-conviction cases in Maryland courts and seven of their last nine criminal appeals.
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Recent successes by the Nathans & Biddle appellate and post-conviction practice group include:
On August 19, 2008, the Kent County Circuit Court suspended our client's life sentence to 35 years, resulting in his release two days later.
On October 18, 2005, the Maryland Court of Special Appeals affirmed the Circuit Court's granting of a new trial in an insurance arson case based on the ineffective assistance of our client's prior trial and appellate counsel and Carroll County Circuit Court prosecutor's failure to disclose Brady information. Client was originally sentenced to 18 years imprisonment consecutive to a previously imposed 10 year sentence. After having been free on release for over 2 years, client was sentenced to time served on January 17, 2007.
On January 12, 2007, a Greenbelt, Maryland United States District Court Judge granted a 28 U.S.C. § 2241 Petition for Writ of Habeas Corpus and subsequently reduced client's sentence by over 40%.
On December 13, 2006, a Baltimore City Circuit Court Judge granted Walter Lomax's Motion to Reopen his Post-Conviction and set Mr. Lomax free. Lomax had served 39 years in prison for a murder that he did not commit.
On March, 28, 2006, a Baltimore City Circuit Court Judge granted a Motion to Reopen a Post-Conviction. On December 7, 2006, another Baltimore City Circuit Court Judge granted Post-Conviction relief, thereby paving the way for our client's sentencing reduction hearing.
On August 9, 2005, the Court of Special Appeals reversed the Cecil County Circuit Court's conviction because the Circuit Court Judge failed to give jury instructions supported by trial testimony. On October 23, 2006, our client entered a guilty plea to several misdemeanor charges and received a sentence of the time he had already served. The remaining 5 year minimum mandatory felony count was dismissed.
In September 2006, a Howard County Circuit Court Judge reduced a client's sentence by 50%, thereby paving the way for an early release.
In 2004, a Montgomery County Three-Judge Panel reduced client's sentence from 30 to 20 years. On May 23, 2006 Montgomery County's Chief Circuit Court Judge granted client's motion to further reduce her sentence of imprisonment from 20 to 15 years. Client was paroled shortly thereafter.
On April 14, 2006, the Maryland Court of Appeals issued a decision affirming the firm's prior victory in the Maryland Court of Special Appeals in the case of State v. Tony Williams. Our office proved a claim of prosecutorial misconduct by the Baltimore City State's Attorneys Office.
On October 11, 2005, Greenbelt, Maryland, United States District Court Judge Alexander Williams, Jr. granted an 18 U.S.C. § 2255 federal habeas corpus petition finding that our client's prior trial lawyer provided ineffective assistance of counsel throughout the sentencing proceedings.
In 2003, all charges dismissed and 25-year-old "walk around money" criminal law declared unconstitutional under the First Amendment by the Maryland Court of Appeals in a Prince George's County election law case involving the Republican candidate's gubernatorial campaign.
In late 2000, we secured the freedom of Michael Austin, an innocent man wrongfully imprisoned for 27 years in a highly publicized Baltimore City case; after the client's release, the State declined to bring further charges against him. In November 2003, Mr. Austin received a full pardon from Governor Ehrlich. On November 17, 2004 the Maryland Board of Public Works awarded Mr. Austin $1,400,000 in compensation as the result of his wrongful imprisonment.
In 2002, a St. Mary's County client serving a life sentence had his conviction overturned by the Maryland Court of Special Appeals based upon Nathans & Biddle's discovery that the client's prior trial counsel had failed to adequately investigate and raise a mental health defense.
Reduction in sentence to time served, after the granting of a new trial, of a Prince George's County death-row inmate, resulting in the client's release.
Baltimore City death sentence overturned by the Maryland Court of Appeals based on trial counsel error.
Motion for new trial on newly discovered evidence granted in Baltimore City based on Brady violations (withholding of evidence), in first- degree murder case.
Granting of federal habeas corpus petition and awarding new trial based upon the ineffective assistance of trial counsel for failing to elicit testimony from exculpatory witnesses.
Granting of federal coram nobis petition for senior level pharmaceutical company executive in Baltimore federal FDA criminal bribery case based on "actual innocence."
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