Dalia Dippolitos’s appeal of her murder-for-hire case was remanded for a new trial today as the 4th District Court of Appeal in Florida ruled that she deserves a new trial based on her not being afforded a fair trial the first time around.
Brownstone Law client Dalia Dippolito wins her appeal
Brownstone Law Managing Partner Robert Sirianni and attorneys Andrew Greenlee and Michael Brownlee appealed that Circuit Judge Jeffrey Colbath denied her attorneys the option to interview potential jurors about their exposure to the case. The appellate court agreed, saying her attorneys had the right to ask these jurors what specific information they had learned from the media; the jurors’ show of hands was insufficient to protect her right to a fair and impartial jury.”
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Brownstone Law made a strategic decision in their appeal to not request oral argument, which ultimately helped win the case. Since it was such a high-profile case, Brownstone’s appellate lawyers did not want to distract the court from the strong merits of the appeal and overshadow the facts, while carefully following all court appeals rules.
The Appeals Court stated Here, we cannot conclude that this error was harmless beyond a reasonable doubt because of the possibility that jurors were unfairly prejudiced by their knowledge of this closely related allegation. We note that, if this type of evidence had been improperly introduced at trial, it would have been presumed harmful. Accordingly, the appellant was deprived of an impartial jury, and we reversed appellants conviction and remanded for a new trial.
Sirianni states This case is a good example of the appellate court remaining neutral on a case and providing an additional avenue for criminal defendants to pursue justice when they are denied a fair trial.
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About Brownstone Law Firm
Brownstone Law Firm is a Florida-based appellate law firm that can appeal cases in both state and federal courts. Brownstone Law attorneys are able to handle criminal and civil appeals that may include but are not limited to drug appeals, medical fraud, white collar crime, insurance defense, business litigation, and more.
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