POST-CONVICTION REMEDIES What We Do Best
Our services begin with providing clients educational materials, including our soon-to-be-published book, Florida Criminal Procedure Rule 3.850: Postconviction Perspectives, aimed at helping them become familiar with the postconviction remedies that the State of Florida makes available to criminal defendants who believe they were wrongly convicted or sentenced. We believe that, in general, nobody knows the facts of a case better than the defendant; therefore, it is critical for anyone serious about seeking postconviction relief to understand the basic rules and procedures that govern postconviction practice and to become familiar with the wide range of appellate and postconviction decisions addressing different types of claims. By studying how courts have analyzed similar issues in other cases—what they found, what they said, and, most importantly, what they did with those claims—clients are often better able to recognize which facts and conditions in their own case may be important.
The more familiar a client is with the kinds of grounds that courts have actually recognized as warranting relief, and the kinds of facts and circumstances that have mattered in other cases, the more likely it is that the client will recognize and share similar facts from their own situation with us. If important facts are not apparent on the face of the court files and records—such as specific attorney-client discussions, witness recantations, or off-the-record events—those facts may never come to light unless the client identifies and explains them. For this reason, we believe the client’s active participation is essential to any meaningful quest for postconviction relief.
While clients are reviewing the educational materials we provide, our non-attorney staff begins gathering, organizing, and studying the available case files and records, conducting a fact-finding review, and preparing a written questionnaire for the client to help clarify and supplement the record. Under the supervision and direction of a licensed Florida attorney, we then prepare an internal or “predictive” memorandum that summarizes the history of the case, highlights significant facts and conditions that may relate to potential postconviction remedies, and organizes the information in a format that is easier for counsel to evaluate.
Prisoner Consultants, LLC is not a law firm and does not provide legal advice or legal representation. Any legal advice is provided solely by an independent, supervising attorney licensed to practice law, who reviews our internal memorandum at no additional cost or obligation to the client, and then—if the client wishes—may discuss the legal options that may be available. In many instances, this process can result in significant cost savings compared to paying full attorney rates just to gather records and identify potential issues. If a client chooses to retain a participating supervising attorney for representation, the fee the client paid for our case-evaluation services may, at the attorney’s discretion, be credited toward that attorney’s overall fee. If the client decides not to hire that attorney and instead retains someone else or proceeds on their own, the client still retains the benefit of the organized case materials, our internal predictive memorandum, and any legal guidance the supervising attorney has already provided about possible next steps.
Prisoner Consultants, LLC is not a law firm
and does not provide legal advice or legal representation.
It's time for our government
and its alphabet agencies
to stop throwing lives away.
LET US HELP YOU BALANCE THE SCALES
REVIEWS
WILLIAM NOAH LINDSAY, LAW LIBRARY SUPERVISOR, COLUMBIA C.I. 1992 - 1996
"I have never seen a law clerk win as many cases as Brian."
Clark v. State, Case number 1D06-0520
In an opinion rendered July 2, 2003, the Eleventh Circuit vacated the district court's order, “as the court denied relief on Clark's ineffective assistance of appellate counsel claim.” See Clark v. Crosby, 335 F.3d 1303, 1313 (11th Cir. 2003). On remand, the District Court held an evidentiary hearing on the issue of whether appellant had received effective assistance from appellate counsel. On May 3, 2004, the District Court entered an order which held that Clark’s appellate counsel was deficient in failing to raise the potential issues presented by the supreme court’s decision in State v. Gray, 654 So. 2d 552 (Fla. 1995), which held that the crime of attempted felony murder does not exist in Florida, and ordered that Clark be released from custody unless he was afforded an opportunity for a second direct appeal. Ultimately, Mr. Clark's judgments and sentences were vacated and set aside.
State of Florida v. Christopher J Thomas, Palm Beach County CASE NO.: 17CF001473
Brian assisted Mr. Thomas in his quest for Rule 3.850 Postconvition Relief. This is the response Mr. Thomas provided Brian: "I'd like to thank you for taking the time out on my case as well as keeping me fully informed on the details. I can tell you actually give a damn, which is a major differece in comparison to every other person I met."
State v. Byrd, Case Number 531988CF003965A1
Mr. Byrd was adjudicated guilty of approximately 52 counts consisting of burglary, theft and dealing in stolen property charges. Mr. Byrd received numerous consecutive 5 and 15 year sentences. With Brian’s assistance, Mr. Byrd was granted an immediate release from prison.
State of Florida v. Anthony Thomas, Dade County Case No. F-98-013424
Brian assisted Mr. Thomas in his quest for Rule 3.850 relief. After returning to court, Mr. Thomas thanked Brian for preparing him for his evidentiary hearing and said, "everything happened just like you told me it would."
Edward T. Mooney, DC #090913
Brian assisted Mr. Mooney in prevailing on an administrative challenge against the FDOC’s structuring of his sentences and forfeitures of gain time credits, which resulted in Mr. Mooney’ release from custody.
State v Shawn Griffith, Highlands County Case Number 88000047CFMXAX
Brian successfully assisted Mr. Griffith in obatining an appeal, which subsequently resulted in a reversal of Mr. Griffith's habitual offender designation.
Danny Goss v. State, Putnam Coutny Case Number 89001236CFAXMX
Brian assisted Mr. Goss in obtaining a writ of habeas corpus issued against then Secretary of the Florida Department of Corrections, Harry K. Singletary.
State v. Rhodehouse, Case No: 85-00008
State v. Rhodehouse, Case Number 85-00008. Mr. Rhodehouse had sentences consisting of two 13 year sentences, one 10 year sentence and one 40 year sentence. Through Brian’s assistance, Mr. Rhodehouse was able to return to court and ultimately received a 27 year sentence resulting in his immediate release.
State v. David A Winter Miami Dade County Case Number 92-CF-05419
Brian successfully assisted Mr. Winter with his quest post conviction relief and the return of property illegally taken as a result his incarceration.
Cecil B Johnson
Brian assisted Mr. Johnson with initiating a very successful and far-reaching constitutional challenge against the 1989 habitual offender statute. Mr. Johnson's case went before the Florida Supreme Court where the Court approved the appellate court's holding that the amendments to the habitual offender statute, section 775.084, were unconstitutional because they violated the Florida Constitution's single subject rule by addressing subjects that had no cogent connection. The court remanded the decision for resentencing of Mr. Johnson. This case ultimately resulted in numerous Florida prisoners obtaining postconviction relief--a shorter sentence. State v. Johnson, 616 So. 2d 1, 2, 1993 Fla. LEXIS 12, *1, 18 Fla. L. Weekly S 55 (Fla. January 14, 1993)
MIKE MCGREGOR, Frist DCA CASE NO. 1D06-0001
Brian successfully assisted Mr. McGregor with a postconviction challenge against the vountariness of his no contest plea to possession of a firearm by a convicted felon, attempted escape, aggravated fleeing and eluding, and escape Through Brian's assistance, the District Court reversed the trial court’s denial of Mr. McGregor’s claim of ineffective assistance of counsel based counsel's failure to inform him af a viable statute of limitationsdefense and remanded for an evidentiary hearing. Following the evidentiary hearing, the trial court released Mr. McGregor just in time for Christmas of 2006.
Historic Ruling: Two Life Sentences Vacated After 24 Years
Miami, FL – August 8, 2025, — In a landmark victory for justice, the Honorable Judge Alberto Milian of the 11th Judicial Circuit Court vacated two life sentences imposed on Orenthal Green, who has served more than 24 years in the Florida prison system. The ruling grants Mr. Greens Motion for Postconviction Relief — allowing him to regain his freedom immediately.
The successful postconviction motion was prepared by Brian Morris, founder of Prisoner Consultants, LLC, who uncovered critical errors overlooked by prior attorneys. Mr. Morris, a postconviction litigation consultant and author of the forthcoming book, Rule 3.850: Postconviction Perspectives, said:
“Glory to God. Today, with Mrs. Williams doing what she does best, the court rectified a grave injustice. Mr. Green spent nearly a quarter of a century incarcerated on two life sentences that should not have been imposed. This case demonstrates that with diligence, knowledge, and a keen eye for grounds that genuinely warrant relief, justice can still prevail. I am so grateful for the skills and abilities bestowed upon me to serve as God’s instrument in numerous victories for justice and prayers answered. Glory to my Heavenly Father, after 24 years, Mr. Green is finely free again.”
Brian’s Supervising Attorney, Attorney Teresa Williams, founder of Williams Litigation Group in Fort Lauderdale, Florida, who represented Mr. Green in court, added:
“This ruling reflects the power of effective advocacy and the importance of challenging wrongful convictions and sentences. Because of Brian’s tireless advocacy, Mr. Green can finally go home.” Mrs. Williams may be contacted at the Williams Litigation Group, 300 SW Davie Blvd., Fort Lauderdale, FL 33315, Email: twilliamslaw99@gmail.com, Tel, 954.761.9131
Mr. Morris’s upcoming book, Postconviction Perspectives, provides practical guidance for defendants and attorneys navigating Florida Rule 3.850 postconviction relief motions.
Contact:
Brian Morris
Prisoner Consultants, LLC
📞 954.994.8599)
📧 Brian@PrisonerConsultant.com
State of Florida v. Dan Divich, Broward County Case Number 08-000129CF10A
Danny Divich faced a revocation of his State of Florida felony probation based on a subsequent federal felony conviction. After satisfying the service of his federal sentence, the Broward County State Attorney's Office initially sought the imposition of an additional 12-years incarceration in Florida for the violation of probation (VOP). Mr. Divich proceeded to the VOP hearing with a host of mitigating factors laid out in a sentencing memorandum prepared by Brian for his attorney, Teresa Williams and the Williams Litigation Group. Through our effots, the Court entered a no action on the alleged VOP and terminated the probation. Following his immediate release from custody, Brian had the pleasure of picking Mr. Divich up at the jail and taking him home and watch as he surprised his family.
State v. Jones, Case Number 75005112CF10A
Mr. Jones, author of the books, Stone Face and Hacksaw, received a 55 year sentence for a 1975 robbery. In 1999, he retained Brian and consequently returned to court on a post-conviction motion prepared by Brian. Mr. Jones prevailed and was re-sentenced to a 15 year sentence and immediately released from custody. See https://www.youtube.com/watch?v=iA3mcxBgmks
State of Florida v. John Fredrick Warford, Marion County Case Number 89-1850
The defendant received a 15 year sentence with a 3 year minimum mandatory. After retaining Brian, Mr. Warford filed the post-conviction motion Brian prepared and was granted an immediate release from custody.
State v. Wilson, Case Number 9802579
Mr. Wilson, 18 years of age at the time of the alleged offense, was convicted of attempted lewd and lascivious act on a minor. The court sentenced Mr. Wilson to a 4 year prison term. Mr. Wilson filed a post-conviction motion prepared by Brian, In less than forty-five days after retaining Brian, the court granted the motion Brian prepared, vacated the 4 year prison sentence previously imposed and resentenced Mr. Wilson to a 1 year, 5 month and 15 day prison term, which resulted in his immediate release from incarceration..
State v Lucas, Case Number 98002601CFMA
Appellant, Clentis Lucas, pled nolo contendere to one count of solicitation to commit first degree murder of his wife and was sentenced to twenty years in prison followed by ten years probation. Appellant filed a motion for postconviction relief pursuant to Fla. R.Crim. P. 3.850 in the trial court alleging ineffective assistance of counsel based on counsel's failure to make use of a viable entrapment defense. The trial court summarily denied the motion but the appellate court reversed. See Lucas v. State, 873 So.2d 557 (Fla. 1st DCA 2014)
Courson v. State, 652 So. 2d 512 (Fla. 5th DCS 1995)
A trial court had summarily denied Daniel Courson’s post-conviction motion seeking a belated appeal. See Daniel Courson v. State of Florida, Fifth DCA Case No. 95-386. Mr. Courson obtained Brian’s assistance and successfully obtaining the belated appeal.
State v Mancini, Case Number 9104892
Mr. Mancini approached Brian with a letter from his retained counsel that said she had reviewed the files and records in his case and that there was nothing anyone could do for him on the two life sentences he had in this case. Brian disagreed with the attorney, prepared a post-conviction motion and Mr. Mancini returned to court, which ultimately resulted in the court resentencing him to 22 years on these two life sentences his retained counsel said nothing could be done on. See Mancini v. State, 789 So.2d 1207 (Fla. 4th DCA 2001) (rejecting the state's argument that denial was required on Mancini facially and legally sufficient post-conviction claim).
State v. Mingle, Case Number 89-1850
Mr. Mingle obtained an immediate release from incarceration after the court granted the post-conviction motion prepared by Brian and vacated Mr. Mingle's Robbery with a Firearm conviction and sentence.
EUGENE JOSEPH CASTERNOVIA, U.S. Northern DISTRICT COURT of Fla CASE #: 3:08-cr-00079-MCR-3
ORDER granting Motion for Early Termination of Supervision as to EUGENE JOSEPH CASTERNOVIA (3). Deft is hereby discharged from supervised release and the proceedings in this case are terminated. Signed by JUDGE M CASEY RODGERS on 7/18/18. (mjm) (Entered: 07/18/2018). Brian assisted Geno with the preparation and filing of the successful motion for early termination of supervision in this case.
Bover v. State, 671 So. 2d 828 Fla. 3d DCA 1996)
With Brian's assistance, the Third District COurt of Appeal reversed the trial court's denial of relief and remanded with directions for the trial court to vacate the ten year habitual offender sentence imposed upon Mr. Bover in Miami-Dade County caseNumbers 91-38173, 92-15536, and 92-15712.
Copeland v. State, 720 So.2d 608 (Fla. 1st DCA 1998)
Brian assisted Andrew Charles Copeland and his attorney, Baya Harrison, in the preparation and filing of a motion for rehearing on the basis that one of the issue previously rejected as unpreserved for appellate review did not have to be preserved because it constituted a patently erroneous sentence error resulting in a sentence that no judge under any factual circumstances could impose. The district court granted rehearing and reversed and remanded for resentencing.
State v. Waldron, Case Number 93-00282
The court originally sentenced Mr. Waldron to a 15 year prison term. Mr. Waldron prevailed on a post-conviction motion prepared by Brian. Consequently, the court vacated the 15 year sentence and resentenced Mr. Waldron to 4 years, which caused his immediate release from incarceration.
Sal gallegos,
With Brian's assistance, notwithstanding the government's repeated objections, Mr. Gallegos successfully moved the federal court to grant him an early termination of his federal supervision. He is now free to roam the country where he will continue advocating for criminal justice and prison reform.
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