Mark fisher sex offender washington state. .



Mark fisher sex offender washington state

Mark fisher sex offender washington state

Admitted to the Florida Bar Hear Mr. Kent won 9 to 0. United States , a pro bono habeas corpus appeal. Kent has been trial court level counsel of record in over federal district court cases. Kent that he will necessarily be able to win your case. Most appellate and post-conviction cases result in adverse decisions, meaning that the client loses, and the majority of state appellate cases are decided by the court without a published decision, referred to as a per curiam affirmed decision sometimes leaving the client with no further avenue of relief.

However, this harsh reality makes it all the more important that a client choose his or her appellate or post-conviction counsel carefully, to insure that the best possible appellate or post-conviction brief or motion is presented to the court to increase the chance of success in what is in any event a difficult process.

Kent cannot assure any client of success in his or her appeal or post-conviction proceeding but can only assure the client that he will use his very best efforts to achieve the best possible outcome for the client. Department of Justice study done in for all federal criminal appeals from showed that defendants had a substantially better chance of reversal on appeal if they had privately retained counsel than if they used court appointed counsel. June 6, , federal district court judge granted Mr.

Kent's motion for client Jimmy W. April 19, , the State conceded a motion to dismiss a felony opiate prescription fraud charge based on a statute of limitation argument made by Mr. This motion brought back memories for Mr. Kent, because the very first dismissal of a criminal case he ever obtained was based on the same argument - over thirty years ago!

Since then he has only used the argument one other time, in a complex federal drug conspiracy trial appeal and in that appeal United States v. Charles Coleman the defendant client's mandatory life sentence was vacated based on a challenge made by Mr. Kent to an underlying state predicate conviction which was infirm due to ineffective assistance of the former trial counsel in advising the defendant to plead to a felony drug charge when there was a viable statute of limitations defense available based on failure of the state to exercise diligence in arresting the defendant after charges were filed.

Kent in a civil matter in which Mr. Kent's client had entered into a civil mediation agreement part of which included execution of a stipulated judgment, opposing counsel withdrew his motion to enforce the judgment and took the case off the calendar.

Although the vast majority of Mr. Kent's work is criminal, he is called on from time to time to represent clients in civil matters. The key to this motion was a technical defense under Florida law by which when parties enter into a mediation settlement with terms left to be executed, but as part of the mediation settlement agree to dismiss the case, the trial court loses jurisdiction to later enforce the terms of the settlement including any right to enter a stipulated judgment unless certain formalities are complied with in the motion to dismiss and in the agreed order of dismissal.

Those formalities had not been complied with in this case, resulting in the party who had received the stipulated judgment not being able to have it entered. Kent's client had defenses to the matter but this technical defect obviated the need to present and litigate those defenses in the pending case. Kent and McFarland's motion to dismiss a violation of probation in a sex offender felony case.

The motion to dismiss argued that the grounds alleged in the violation of probation affidavit failed, as a matter of law, to allege matters upon which the court was authorized to violate probation.

One such matter was an allegation that the client had failed s sex offender probation polygraph. The client was released from jail today as a result of this order. Kent's motion to relinquish jurisdiction to the circuit court to permit the circuit court to conduct a hearing on Mr. Kent's motion to vacate his client's admission of violation of probation, the State Circuit Court Judge for Osceoloa County, Florida conducted a hearing and after hearing argument of counsel and considering Mr.

Kent's written motion, over objection from the State granted the motion and vacated the admission of violation of probation. The client had been sentenced to serve 15 years in Florida State Prison based on the admission of violation of probation. The case has been set for a status conference in March to resolve the violation, which Mr. Kent has argued is invalid as a matter of law.

December 29, Mr. Kent filed a motion for release pending appeal at the federal Eleventh Circuit Court of Appeals for his client former Congresswoman Corrine Brown.

The motion was denied January 22, by order of a single judge at the Eleventh Circuit. An application for bail was then submitted to Mr. September 18, , State concedes that Mr. Kent's state post-conviction motion Rule 3.

Kent had made a number of arguments that the plea was not a knowing and intelligent, free and voluntary plea, all of which the State ultimately conceded. The case is set for a status conference and retained trial counsel is now negotiating with the state for a reduced charge and reduced sentence.

April 23, , a Florida Circuit Court accepted a negotiated disposition of a state 3. The original sentence carried a ten year period of probation, which was modified to provide for court ordered drug abuse treatment and the possibility of termination after five years of successful completion of probation. Various claims were raised challenging the voluntariness of the plea, which were mooted by the agreed upon reduction and modification of sentence. Kent was assisted in the negotiation of the settlement of the claims by Florida Bar Board Certified trial attorney Teresa J.

March 7, , the Florida First District Court of Appeal reversed and remanded for resentencing before a new judge to be assigned by the Chief Judge of the Circuit the 15 year sentence imposed on Mr. The case was reversed based on an unobjected to fundamental error that Mr.

Kent raised for the first time on appeal, arguing that the trial judge reversibly erred in considering the delay the defendant put the court system through in exhausting her discovery and pretrial rights before deciding to plead guilty.

Kent argued that this violated Due Process. The argument was strongly enough presented that the State Attorney General conceded error in its answer brief. A copy of the decision can be found here. March 3, , federal district court judge denies Florida Attorney General's motion to dismiss formerly pro se litigant's federal habeas petition 28 United States Code Section petition as untimely, agreeing with Mr. Kent's briefing which argued that the petition in fact was timely.

This case had a very complex and convoluted procedural history in state court which raised somewhat novel issues of AEDPA habeas timeliness. A copy of the federal judge's order can be found by clicking here. The case will now proceed to be determined on the merits. Kent's sentencing correction motion and sets case for resentencing based on another ex post facto sentencing error claim in the context of a violation of probation proceeding arising out of a very old offense The Court's four page order granting resentencing was written just four days after Mr.

Kent filed his motion. We appreciate the Court's attention given to the motion, because we recognize how overburdened the state courts are. The client was sentenced to 15 years in prison. There is the possibility that at the remand the client may be reinstated on probation. A copy of the Court's order can be found by clicking here.

Kent's client Juan Cadena's sentence 33 months, from months to 77 months, after the Court had previously granted a federal habeas motion Mr.

Kent filed on behalf of Mr. Cadena which had argued that Mr. Cadena was entitled to a resentencing. At the original sentencing in the provision in Mr. Cadena's plea agreement whereby the Government had agreed to recommend a two level reduction for acceptance of responsibility despite Mr.

Cadena's arrest in Texas for possession of one kilogram of cocaine while released on bond on his Florida federal drug case was forgotten and no one argued for acceptance of responsibility, instead Mr. Cadena's new cocaine case in Texas was the focus of the sentencing, and the Court had denied Mr. Cadena any reduction for acceptance or responsibility. The habeas motion had argued that Mr. Cadena's defense counsel was ineffective for not arguing for acceptance of resonsibility at the original sentencing and that had he done so, the Court might have reduced the sentence for acceptance of responsibility.

The Government had correctly conceded the error and the court had set the matter for resentencing, expressing reservations, however, whether the court would grant acceptance of responsibility given the intervening serious drug arrest. However, at the resentencing November 29, the Court agreed that although it was a close case, the Court would grant Mr. Cadena the two level guideline reduction. Cadena then also benefitted from the intervening reduction in the offense level for his drug offense under Amendment Because the resentencing resulting from the federal habeas motion came after the adoption of the guideline change, what had been a discretionary reduction under 18 USC became a mandatory reduction under USSG 2D1.

The Government argued for a high end sentence at the new guideline range, but the Court imposed a low end guideline sentence and also included the RDAP prison drug program recommendation in the judgment, the net effect of all this will be that Mr. Cadena should serve about 24 more months in custody subject to earlier release to community confinement or home detention for up to the final six months of confinement.

Although this was "only" a 33 month reduction in the sentence, it is Mr. Kent's philosophy that any reduction in time in prison is invaluable.

Life is precious and each day a father is away from his children, a son away from a mother, a husband away from a wife, is a day that can never be returned. Kent filed for his client B. Kent argued that his client was denied Due Process when the trial judge considered delay in pleading guilty in determining sentence. The State further agreed with Mr. Kent's argument that the remedy for this error is that the sentence be vacated and the case be reassigned to a new judge for de novo resentencing.

The Court of Appeals is not required to accept the State's concession of error, but there is no reason to think the decision in fact will not be reversed. It is anticipated that the resentencing may reduce the sentence from 15 years to 10 years or less. November 18, postscript to an appeal win from June Kent's favor for his client, Eric Riua Muturi, vacating his year sentence which had been based on running certain counts consecutive and remanding for resentencing all counts concurrent with the exception of one count which was mandated to run consecutive.

The effect of this decision was the sentence would be reduced from years to 40 years which under current law would be However, on remand the State took the position that the court could engage in a de novo resentencing and increase the sentences on the separate counts that had to run concurrent to either reinstate the year sentence or even go above that to life under the Life statute.

Kent referred the client to attorney Robert Shafer, who has a reputation for accomplishing outstanding results in state court in Jacksonville, where the resentencing was to take place.

Shafer today succeeded in arguing to the trial court at the resentencing that the mandate rule limited the court to following the express mandate of the appellate decision, which did not suggest that the court could engage in a de novo resentencing. The trial court refused to increase the sentence and instead followed the express mandate of the appeals court and reduced the sentence from to 40 years. This was outstanding work by attorney Robert Shafer.

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Prison Documentary - McNeil Island Corrections Center



Mark fisher sex offender washington state

Admitted to the Florida Bar Hear Mr. Kent won 9 to 0. United States , a pro bono habeas corpus appeal. Kent has been trial court level counsel of record in over federal district court cases. Kent that he will necessarily be able to win your case.

Most appellate and post-conviction cases result in adverse decisions, meaning that the client loses, and the majority of state appellate cases are decided by the court without a published decision, referred to as a per curiam affirmed decision sometimes leaving the client with no further avenue of relief. However, this harsh reality makes it all the more important that a client choose his or her appellate or post-conviction counsel carefully, to insure that the best possible appellate or post-conviction brief or motion is presented to the court to increase the chance of success in what is in any event a difficult process.

Kent cannot assure any client of success in his or her appeal or post-conviction proceeding but can only assure the client that he will use his very best efforts to achieve the best possible outcome for the client.

Department of Justice study done in for all federal criminal appeals from showed that defendants had a substantially better chance of reversal on appeal if they had privately retained counsel than if they used court appointed counsel. June 6, , federal district court judge granted Mr. Kent's motion for client Jimmy W. April 19, , the State conceded a motion to dismiss a felony opiate prescription fraud charge based on a statute of limitation argument made by Mr.

This motion brought back memories for Mr. Kent, because the very first dismissal of a criminal case he ever obtained was based on the same argument - over thirty years ago! Since then he has only used the argument one other time, in a complex federal drug conspiracy trial appeal and in that appeal United States v. Charles Coleman the defendant client's mandatory life sentence was vacated based on a challenge made by Mr.

Kent to an underlying state predicate conviction which was infirm due to ineffective assistance of the former trial counsel in advising the defendant to plead to a felony drug charge when there was a viable statute of limitations defense available based on failure of the state to exercise diligence in arresting the defendant after charges were filed. Kent in a civil matter in which Mr. Kent's client had entered into a civil mediation agreement part of which included execution of a stipulated judgment, opposing counsel withdrew his motion to enforce the judgment and took the case off the calendar.

Although the vast majority of Mr. Kent's work is criminal, he is called on from time to time to represent clients in civil matters.

The key to this motion was a technical defense under Florida law by which when parties enter into a mediation settlement with terms left to be executed, but as part of the mediation settlement agree to dismiss the case, the trial court loses jurisdiction to later enforce the terms of the settlement including any right to enter a stipulated judgment unless certain formalities are complied with in the motion to dismiss and in the agreed order of dismissal. Those formalities had not been complied with in this case, resulting in the party who had received the stipulated judgment not being able to have it entered.

Kent's client had defenses to the matter but this technical defect obviated the need to present and litigate those defenses in the pending case. Kent and McFarland's motion to dismiss a violation of probation in a sex offender felony case. The motion to dismiss argued that the grounds alleged in the violation of probation affidavit failed, as a matter of law, to allege matters upon which the court was authorized to violate probation. One such matter was an allegation that the client had failed s sex offender probation polygraph.

The client was released from jail today as a result of this order. Kent's motion to relinquish jurisdiction to the circuit court to permit the circuit court to conduct a hearing on Mr. Kent's motion to vacate his client's admission of violation of probation, the State Circuit Court Judge for Osceoloa County, Florida conducted a hearing and after hearing argument of counsel and considering Mr.

Kent's written motion, over objection from the State granted the motion and vacated the admission of violation of probation. The client had been sentenced to serve 15 years in Florida State Prison based on the admission of violation of probation. The case has been set for a status conference in March to resolve the violation, which Mr.

Kent has argued is invalid as a matter of law. December 29, Mr. Kent filed a motion for release pending appeal at the federal Eleventh Circuit Court of Appeals for his client former Congresswoman Corrine Brown. The motion was denied January 22, by order of a single judge at the Eleventh Circuit. An application for bail was then submitted to Mr. September 18, , State concedes that Mr. Kent's state post-conviction motion Rule 3.

Kent had made a number of arguments that the plea was not a knowing and intelligent, free and voluntary plea, all of which the State ultimately conceded. The case is set for a status conference and retained trial counsel is now negotiating with the state for a reduced charge and reduced sentence. April 23, , a Florida Circuit Court accepted a negotiated disposition of a state 3. The original sentence carried a ten year period of probation, which was modified to provide for court ordered drug abuse treatment and the possibility of termination after five years of successful completion of probation.

Various claims were raised challenging the voluntariness of the plea, which were mooted by the agreed upon reduction and modification of sentence. Kent was assisted in the negotiation of the settlement of the claims by Florida Bar Board Certified trial attorney Teresa J. March 7, , the Florida First District Court of Appeal reversed and remanded for resentencing before a new judge to be assigned by the Chief Judge of the Circuit the 15 year sentence imposed on Mr. The case was reversed based on an unobjected to fundamental error that Mr.

Kent raised for the first time on appeal, arguing that the trial judge reversibly erred in considering the delay the defendant put the court system through in exhausting her discovery and pretrial rights before deciding to plead guilty.

Kent argued that this violated Due Process. The argument was strongly enough presented that the State Attorney General conceded error in its answer brief.

A copy of the decision can be found here. March 3, , federal district court judge denies Florida Attorney General's motion to dismiss formerly pro se litigant's federal habeas petition 28 United States Code Section petition as untimely, agreeing with Mr. Kent's briefing which argued that the petition in fact was timely. This case had a very complex and convoluted procedural history in state court which raised somewhat novel issues of AEDPA habeas timeliness.

A copy of the federal judge's order can be found by clicking here. The case will now proceed to be determined on the merits.

Kent's sentencing correction motion and sets case for resentencing based on another ex post facto sentencing error claim in the context of a violation of probation proceeding arising out of a very old offense The Court's four page order granting resentencing was written just four days after Mr. Kent filed his motion. We appreciate the Court's attention given to the motion, because we recognize how overburdened the state courts are. The client was sentenced to 15 years in prison.

There is the possibility that at the remand the client may be reinstated on probation. A copy of the Court's order can be found by clicking here. Kent's client Juan Cadena's sentence 33 months, from months to 77 months, after the Court had previously granted a federal habeas motion Mr. Kent filed on behalf of Mr. Cadena which had argued that Mr. Cadena was entitled to a resentencing. At the original sentencing in the provision in Mr.

Cadena's plea agreement whereby the Government had agreed to recommend a two level reduction for acceptance of responsibility despite Mr. Cadena's arrest in Texas for possession of one kilogram of cocaine while released on bond on his Florida federal drug case was forgotten and no one argued for acceptance of responsibility, instead Mr. Cadena's new cocaine case in Texas was the focus of the sentencing, and the Court had denied Mr. Cadena any reduction for acceptance or responsibility.

The habeas motion had argued that Mr. Cadena's defense counsel was ineffective for not arguing for acceptance of resonsibility at the original sentencing and that had he done so, the Court might have reduced the sentence for acceptance of responsibility.

The Government had correctly conceded the error and the court had set the matter for resentencing, expressing reservations, however, whether the court would grant acceptance of responsibility given the intervening serious drug arrest. However, at the resentencing November 29, the Court agreed that although it was a close case, the Court would grant Mr. Cadena the two level guideline reduction. Cadena then also benefitted from the intervening reduction in the offense level for his drug offense under Amendment Because the resentencing resulting from the federal habeas motion came after the adoption of the guideline change, what had been a discretionary reduction under 18 USC became a mandatory reduction under USSG 2D1.

The Government argued for a high end sentence at the new guideline range, but the Court imposed a low end guideline sentence and also included the RDAP prison drug program recommendation in the judgment, the net effect of all this will be that Mr.

Cadena should serve about 24 more months in custody subject to earlier release to community confinement or home detention for up to the final six months of confinement. Although this was "only" a 33 month reduction in the sentence, it is Mr. Kent's philosophy that any reduction in time in prison is invaluable.

Life is precious and each day a father is away from his children, a son away from a mother, a husband away from a wife, is a day that can never be returned. Kent filed for his client B.

Kent argued that his client was denied Due Process when the trial judge considered delay in pleading guilty in determining sentence. The State further agreed with Mr.

Kent's argument that the remedy for this error is that the sentence be vacated and the case be reassigned to a new judge for de novo resentencing. The Court of Appeals is not required to accept the State's concession of error, but there is no reason to think the decision in fact will not be reversed. It is anticipated that the resentencing may reduce the sentence from 15 years to 10 years or less. November 18, postscript to an appeal win from June Kent's favor for his client, Eric Riua Muturi, vacating his year sentence which had been based on running certain counts consecutive and remanding for resentencing all counts concurrent with the exception of one count which was mandated to run consecutive.

The effect of this decision was the sentence would be reduced from years to 40 years which under current law would be However, on remand the State took the position that the court could engage in a de novo resentencing and increase the sentences on the separate counts that had to run concurrent to either reinstate the year sentence or even go above that to life under the Life statute.

Kent referred the client to attorney Robert Shafer, who has a reputation for accomplishing outstanding results in state court in Jacksonville, where the resentencing was to take place. Shafer today succeeded in arguing to the trial court at the resentencing that the mandate rule limited the court to following the express mandate of the appellate decision, which did not suggest that the court could engage in a de novo resentencing.

The trial court refused to increase the sentence and instead followed the express mandate of the appeals court and reduced the sentence from to 40 years. This was outstanding work by attorney Robert Shafer.

Mark fisher sex offender washington state

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