Reported Decisions and Results of Successful Advocacy by Michael P. Maddux, P.A.
State v. Wilcox, 2007 Fla. App. LEXIS 621, (Fla. 2nd DCA January 24, 2007) - Per curiam affirmed; The appellate court’s opinion upheld the trial court’s granting of a motion to suppress illegally obtained evidence and dismiss paraphernalia and possession charges where defendant was stopped for allegedly improper headlights and ground effects. Based on defendant's alleged "glassy eyes" (where defendant offered to submit to a breath test), the officer took defendant’s drivers license, handcuffed him, and placed him in the police vehicle before obtaining purported "consent" to search defendant's vehicle. Mr. Maddux advocated on behalf of defendant at the trial and appeal proceedings in which the State appealed the trial court’s suppression of the evidence and statements obtained. The appeal court upheld the suppression and dismissal of the charges against defendant.
State of Florida v. Pantoja, 929 So. 2d 1067 (2nd DCA May 19, 2006) - Per curiam affirmed; The appellate court upheld the trial court's granting of defendant's motion to dismiss on trafficking in cocaine charge. The motion was granted based on law enforcement's entrapment of the defendant. As a result of Michael P. Maddux's work at the trial and appellate levels, all charges against the client were dismissed. Despite the State's effort to have the trial court reversed by the Second District, Mr. Maddux's results were upheld on appeal.
G.A. v. Department of Children and Family Services, 2003 Fla. App. LEXIS 15216; 28 Fla. L. Weekly D 2329 (2nd DCA October 10, 2003) - The Second District Court of Appeal reversed a trial court's order entering consent to adjudication of dependency based on a father's being absent from the courtroom when he had momentarily excused himself and was in the restroom when case was called. Mr. Maddux was able to preserve the father's right to return to the trial court to fight for his rights to act as a father.
State of Florida v. Oakley, 751 So. 2d 172 (2nd DCA 2000) - The appellate court reversed a trial court's order denying defendant's motion to suppress and remanded the case for another hearing. On remand the trial court granted the motion to suppress, and the State could not proceed on the charges. The State filed the initial appeal when Mr. Maddux obtained a downward departure for the defendant. Mr. Maddux cross appealed the denial of a motion to suppress and won a remand on the appeal. Back at the trial level, the new trial judge reviewed a transcript of the motion to suppress hearing and granted the originally denied motion to suppress, resulting in a major victory for the defendant.
State of Florida v. Tanner, Circuit Court of the Thirteenth Judicial Circuit, Felony Division, Case No. 07-CF-01682, Div. D. - Jury trial finding Mr. Tanner innocent of felony charges. A Hillsborough County deputy jumped into a center lane in which Mr. Tanner was traveling, from concealed position, at night, in front of Mr. Tanner, to force him to stop to receive a speeding citation. Mr. Tanner had barely enough perception / reaction time to avoid striking the overzealous deputy. Mr. Tanner was tasered without being asked or demanded to get down, turn around, or put his hands on his head, and without a Taser warning. Deputies filed false charges including resisting an officer, and fleeing and elluding. They later changed their sworn written reports. Unfortunately for the deputies, Mr. Tanner's career goals of working for the Department of Homeland Security required him try his case before a jury. Accordingly, the jury properly concluded the Deputies' testimony under sworn oath was false and acquitted him of the wrongfully brought charges.
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