Florida Appeals Court Reverses Murder Conviction: Why Vetting Your Attorney Matters in Homicide Cases

When Florida’s Fourth District Court of Appeal reversed a murder conviction in Rene De Santus v. State (No. 4D2023-2235, Oct. 15, 2025), it exposed a painful truth: even a serious homicide case can collapse when the defense lawyer isn’t prepared. The judges ruled that the attorney’s mistakes made the entire trial fundamentally unfair. The case provides a partial lesson in how to choose a homicide defense attorney in Florida.

This ruling should make anyone accused of murder stop and ask: how do I know my lawyer is truly a homicide attorney—and not just claiming to be one? At the Brancato Law Firm, P.A., we have the experience to handle any Tampa homicide case. Check out our Tampa Homicide Attorney page for more information on our experience.

A Case Built on Words, Not Evidence

The Broward County shooting had no DNA, fingerprints, or video evidence. The State relied on one witness. Before trial, that witness admitted to lying—she told a defense investigator that another man, “Gangsta Baby,” had the gun. Yet the defense attorney never used that prior statement to challenge her credibility.

The jury never learned that she had recanted. They also never heard that she allegedly tried to extort money from the defendant’s family in exchange for “helpful” testimony. Both details could have changed the outcome.

When Defense Preparation (or Lack of Preparation) Fails

The same attorney failed to prepare the client for one of the biggest decisions in any homicide trial—whether to testify. When the judge asked for an answer, counsel admitted he hadn’t discussed it with his client. Instead, he focused on trying to remove the judge—something the appellate court compared to “snow flurries in Miami.”

That lapse left the jury with no direct testimony from the accused. Later, a new witness came forward and testified that the shooter was a light-skinned man in a red jacket—not De Santus. The appellate court concluded the trial had been irreparably tainted.

The Legal Lesson

The court reversed the conviction, finding that the lawyer’s combined errors—ignoring key impeachment evidence and failing to advise the client—violated the right to a fair trial. The case reminds every defendant that a homicide trial demands experience, preparation, and judgment. Anything less risks a lifetime behind bars.

Anyone Can Call Themselves a Homicide Attorney

In Florida, there’s no certification required to use that label. Any lawyer can advertise as a “homicide attorney.”

That’s why clients must look behind the veil. Before you hire anyone, ask:

• How many homicide trials have you personally handled from start to verdict?
• Have you ever obtained a not-guilty verdict in a homicide case?
• Who will actually stand beside me in court—you, or an associate?
• What is your record when the State’s evidence seems overwhelming?
• Are you certified under Florida Supreme Court Standards to handle Florida death penalty cases?

If your lawyer hesitates, keep searching.

Proven Homicide Results from The Brancato Law Firm, P.A.

At The Brancato Law Firm, P.A., we don’t just claim experience—we prove it in court.

• Roommate Homicide — Not Guilty: A man charged with killing his roommate was acquitted after Rocky Brancato’s direct examination of the client showed the shooting was in self-defense. The jury returned a swift not-guilty verdict.
• Grandmother Homicide — Charge Reduced: A grandmother initially charged with murder and aggravated child abuse avoided a life sentence after evidence showed that the child’s injuries resulted from CPR efforts. The charge was reduced to child neglect, and she received probation.
• Homicide reduced to Manslaughter: A jury found that Rocky’s client’s shooting and killing of his friend, while not exactly in self-defense, was not a “depraved mind” second degree murder killing, resulting in a reduced sentence.

These results reflect what preparation and experience can accomplish when everything is at stake.

Why Clients Choose Rocky Brancato

Attorney Rocky Brancato has spent more than 25 years defending serious felony and homicide cases throughout Tampa Bay. As a former member of major-crimes and sex-crimes units in Tampa’s largest criminal defense office, he has the perspective that only decades in the courtroom can bring.

Every homicide, sex-crime, and violent-felony case is handled personally—not by junior staff. We examine every witness, test every theory, and prepare every client to face the toughest questions in court.

That’s how real homicide defense is done. We keep our caseload low. If we are too busy to handle your case or if it is not the right fit, we will let you know and will not accept your case. To do otherwise would be to harm our other clients . . . something that no amount of money is worth.

Before you trust your future to anyone, read our free guide:
Get the Free eBook – How to Choose a Major Crimes Attorney–or Any Criminal Defense Attorney for That Matter.

It teaches you the questions to ask before you hire—and how to spot the warning signs that others miss. The book will be an essential companion to you, whether you hire our firm or another.

Call for a Confidential Consultation

If you’re facing a homicide, violent crime, or other major felony in Tampa, Hillsborough, Pinellas, or Pasco County, call (813) 727-7159 to speak directly with Rocky Brancato.

Don’t assume every “homicide attorney” has the experience your life demands. Your attorney is not a homicide attorney if they nave never tried a homicide case. Look behind the veil—before it’s too late.