Thomas A. Burns, of counsel to Creed & Gowdy, won a $2.5m Medicare fraud conspiracy that went to a 10-day jury trial and then on appeal in the 11th Circuit Court of Appeals. Thomas argued the case in April, and today was issued an opinion that reversed three of his client's convictions for insufficient evidence. Due to something called the "sentence-package doctrine," the 11th Circuit remanded for resentencing on the client's remaining counts. But, as a corollary of that doctrine, the district court will now be able to take into account any rehabilitation the client engaged in during her imprisonment. Read the entire opinion here.
In a 7 minute hearing on Tuesday morning, Terrence Graham's sentence was brought in to compliance with Florida law, requiring that juveniles serving lengthy sentences are allowed the opportunity to have their sentences reviewed for potential early release. His 25-year sentence will now be reviewable after he's served 20 years, which isn't until 2023. Bryan Gowdy, Graham's long-time attorney, plans to appeal this modified sentence. Gowdy believes that Graham should have a review in front of a judge at 15 years, which is at the end of this year, instead of 5 years from now. Read more about Graham and Gowdy's fight for a fair sentence here and here.
The petition was filed by Riverside residents opposing a restaurant zoning approved by Jacksonville City Council in 2016 known as "The Roost". The developers argued that this petition was filed in an untimely manner since it was filed on the last day of a 30-day jurisdictional window. In a per curiam opinion, the Court sided with the Riverside residents, allowing for the circuit court to now be able to hear the case on its merits, ultimately deciding whether the zoning decision can stand.
Creed & Gowdy Of Counsel, Thomas A. Burns, won two appeals relating to a $2.2 million commercial foreclosure last Friday. Thomas represented the appellee, a subsidiary of an apartment management company that had purchased the note and morgtage, in two appeals from the foreclosure and judicial sale of the properties. After oral argument, The Court, per curiam, affirmed the foreclosure and judicial sale and granted the appellee's motions for appellate attorney's fees.
Thomas was recently nominated as a candidate of the 2nd District Court of Appeal Judicial Nominating Commission. He is one of six nominations vying for two vacancies in the commission. Judicial Nominating Commissions (JNCs) select nominees to fill judicial vacancies within the Florida court system. The JNCs are required to operate in accordance with the Uniform Rules of Procedure applicable to each level of JNC. JNC members serve four-year terms, except when an appointment is made to fill a vacant, unexpired term. Read more about current nominees here.