"NEVER EVER EVER EVER EVER EVER EVER GIVE UP. NEVER GIVE UP. NEVER GIVE UP. NEVER GIVE UP"*
Winston Churchill, October 29, 1941, Harrow School, U.K.
David O Markus never gave up. It took him eight years, a few trips to the 11th Circuit, and multiple court appearances. One of the lawyers he shares office space with also mentioned plenty of sleepiness nights. But in his post conviction relief advocacy for Yuby Ramirez, David never gave up.
Ramirez was convicted at trial and sentenced to life in prison for what has been described as a "bit part" in a Wille Falcon and Sal Magluta plot to murder a federal witness.
On Monday US District Judge Joan Leonard found a reasonable probability that but for the flawed advice of her attorneys at the time of her trial Ramirez would have accepted a plea offer (which was as low as five years at one point) and that the mis-advice of counsel as to her maximum prison exposure (ten years) led her to reject the Government's plea offer.
David took the case on pro bono eight years ago and he litigated his heart out, never giving up on his client who was serving a life sentence while the two Colombian brothers who orchestrated the plot received six year prison sentences.
The Miami Herald article is here.
Well done DOM. Well done indeed!
* The PM was not talking about the lines to get into the REGJB. but he could have been.
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