The recent reversal of a Florida murder conviction in De Santus v. State, No. 4D2023-2235 (Fla. 4th DCA Oct. 15, 2025), shows what’s at stake when a defense attorney isn’t truly prepared.

I’m Rocky Brancato. At The Brancato Law Firm, I have spent more than 25 years defending serious felony and homicide cases throughout Tampa Bay, including over 150 jury trials. The De Santus ruling is exactly the kind of failure my practice is built to prevent. This guide explains what went wrong in De Santus, what Florida law actually requires of capital-eligible defense counsel, and the questions to ask any attorney before you hire.

What the Defense Attorney Failed to Do in De Santus

A Case Built Entirely on Witness Testimony

The Broward County shooting had no DNA, no fingerprints, and no video evidence. The State relied entirely on one witness. Before trial, that witness admitted to lying. She told a defense investigator that another man had the gun.

The defense attorney never used that prior statement to challenge her credibility. The jury never learned she had recanted. They also never heard that she allegedly tried to extort money from the defendant’s family. Either detail could have changed the outcome.

Later, a new witness came forward and testified that the shooter was a light-skinned man in a red jacket. The shooter was not De Santus. The Fourth DCA concluded the trial had been irreparably tainted by the attorney’s failures.

The court did not declare the defendant innocent. It reversed the denial of postconviction relief under Florida Rule of Criminal Procedure 3.850 and remanded the case for further proceedings.

How Florida Evaluates Ineffective Assistance of Counsel

Florida courts apply the federal standard from Strickland v. Washington, 466 U.S. 668 (1984), to claims of ineffective assistance. A defendant must show two things:

1. Deficient performance. The attorney’s representation fell below an objective standard of reasonableness.
2. Prejudice. There is a reasonable probability that the outcome would have been different without the errors.

The Florida Supreme Court applied this same framework to a capital first-degree murder case in Hilton v. State, 326 So. 3d 640 (Fla. 2021). The Second District Court of Appeal, which covers Tampa Bay, applied it to a homicide case turning on witness credibility in Jenkins v. State, No. 2D2022-3623 (Fla. 2d DCA 2024), reversing summary denial of an ineffective-assistance claim about misadvice on the right to testify.

De Santus fits this same pattern. The case turned on one witness’s credibility, the attorney’s errors went to the heart of that credibility, and the appellate court found a reasonable probability of a different result.

Anyone Can Call Themselves a “Homicide Attorney”

For death-eligible cases, Florida sets a qualification floor. Florida Rule of Criminal Procedure 3.112 (“Minimum Standards for Attorneys in Capital Cases”) requires lead trial counsel to have:

• At least 5 years of criminal litigation experience
• Lead counsel in at least 9 jury trials of serious and complex cases tried to completion
• Lead or co-counsel in at least 2 cases tried to completion in which the death penalty was sought
• Lead counsel in at least 3 murder trials (or 1 murder trial plus 5 other felony jury trials)
• At least 12 hours of capital-defense continuing legal education within the last 2 years

The Florida Supreme Court amended Rule 3.112 in November 2025 to broaden the definition of “capital trial” beyond first-degree murder to any death-eligible offense. Meeting Rule 3.112 is the floor, not a guarantee. De Santus shows what can happen when nominally qualified counsel still fail at the basics.

5 Questions to Ask Before Hiring a Florida Homicide Attorney

Before you trust your future to anyone claiming to be a homicide attorney, ask these questions directly:

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

If your lawyer hesitates on any of these questions, keep searching.

Homicide Case Results from The Brancato Law Firm

Each case is unique. Past results do not guarantee future outcomes.

Roommate Homicide: Not Guilty

A man charged with killing his roommate was acquitted after my direct examination 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 the child’s injuries resulted from CPR efforts. The charge was reduced to child neglect with probation.

Second-Degree Murder: Reduced to Manslaughter

A jury found that my client’s shooting of his friend, while not exactly self-defense, was not “depraved mind” second-degree murder. The result was a significantly reduced sentence.

Frequently Asked Questions

Why was the De Santus conviction reversed?

The Fourth DCA found that the defense attorney’s combined errors (failing to use key impeachment evidence and failing to advise the client about testifying) violated the right to a fair trial. The court concluded these were not minor mistakes but fundamental failures that tainted the entire proceeding.

What is impeachment evidence?

Impeachment evidence challenges a witness’s credibility. In De Santus, the key witness had previously told a defense investigator that someone else, “Gangsta Baby,” had the gun. That prior inconsistent statement could have undermined her entire testimony, but the attorney never used it.

How do I verify an attorney’s homicide experience in Florida?

Ask directly: how many homicide trials have you handled to verdict? Request specific case outcomes. Check whether they meet Florida Rule of Criminal Procedure 3.112 qualifications for capital cases. If they hesitate or deflect, that tells you something.

Will the attorney I hire actually handle my case?

Ask before hiring. Some firms advertise experienced partners but assign cases to junior associates. At The Brancato Law Firm, every homicide case is handled by a senior trial attorney, not by junior associates.

What is Florida Rule 3.112?

Florida Rule of Criminal Procedure 3.112 sets the minimum qualifications for attorneys appointed to capital cases in Florida. The Florida Supreme Court most recently amended it in November 2025 to broaden which cases count as “capital.” Meeting the rule is the floor for capital appointments, not a complete measure of an attorney’s preparation.

How long do I have to challenge a Florida murder conviction for ineffective assistance?

Florida Rules of Criminal Procedure 3.850 (non-capital sentences) and 3.851 (capital sentences) generally require an ineffective-assistance motion within two years of the final judgment, with limited exceptions. Postconviction motions are time-sensitive, so anyone considering one should consult counsel quickly.

Facing Homicide Charges in Tampa Bay?

The De Santus case shows what happens when preparation fails. A homicide trial demands experience, judgment, and attention to every detail. Anything less risks a lifetime behind bars.

I’m Tampa Attorney Rocky Brancato. For more than 25 years, I have defended 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, I have the perspective that only decades in the courtroom can bring. Read more on our Tampa Homicide Attorney page.

I keep my caseload low so every client receives the preparation their case demands. If I’m too busy or it’s not the right fit, I’ll tell you. I won’t take a case I can’t handle properly.

Don’t assume every “homicide attorney” has the experience your life demands. Verify it before you hire.

Call (813) 727-7159 for a Confidential Consultation

The Brancato Law Firm, P.A.

620 E. Twiggs Street, Suite 205, Tampa, FL 33602

Serving Hillsborough, Pinellas, and Pasco Counties

The Power of Independent Investigation

Many criminal cases come down to one person’s word against another’s. In these “he said, she said” situations, the prosecution relies on witness testimony while the defense challenges credibility. But what if objective evidence existed that could settle the matter conclusively?

After 25+ years of criminal defense experience, I have learned that this evidence often exists. Police frequently fail to collect it, however. Crime scene investigation therefore plays a critical role in case preparation.

A thorough site inspection can reveal surveillance cameras, identify potential witnesses, expose problems with the prosecution’s timeline, and uncover physical evidence that contradicts the alleged victim’s story. When police fail to collect readily available evidence, that failure itself becomes powerful ammunition at trial.

The Gap Between Arrest and Conviction

Understanding the different legal standards is essential. Police only need probable cause to make an arrest—a relatively low threshold that simply requires reasonable grounds to believe a crime occurred. Officers can arrest someone based solely on an alleged victim’s statement, without investigating further.

At trial, however, the State must prove guilt beyond a reasonable doubt. Our legal system considers this the highest standard. An officer might have enough to arrest someone, but without thorough investigation, the State may lack what it needs to convict.

Legal Standards: Arrest vs. Conviction

A skilled Tampa criminal defense attorney exploits this gap by highlighting evidence the police should have gathered but did not.

When and How I Investigate Crime Scenes

My approach to crime scene investigation depends on the stage of the case and what is at stake. In disputed fact cases where evidence preservation is critical, I may send an investigator early to document the scene and identify surveillance cameras before footage gets overwritten. When a case heads to trial, however, I personally visit the scene myself.

Why I Go Personally Before Trial

Walking the scene before trial serves multiple purposes. First, it allows me to become intimately familiar with the location—the distances, the sightlines, the layout. This familiarity gives me confidence during cross-examination because I know exactly what I am talking about.

Second, the officer on the stand will know I have been there. Many attorneys never visit the crime scene, and officers grow accustomed to that. When they realize the defense attorney has personally inspected the location, it changes the dynamic. They cannot exaggerate distances, misremember layouts, or gloss over details.

Using Technology Before the Visit

Before physically visiting a scene, I often use Google Street View to familiarize myself with the area. This tool can show building layouts, potential camera locations, and the general environment. While Street View images may be outdated, they provide a valuable starting point and help me know what to look for when I arrive in person.

Case Study: The Community Pool Battery Case

This case from my files illustrates why crime scene visits matter—and why acting quickly to preserve evidence is so critical. I took over the defense of a client charged with battery after another attorney had been handling the case for some time. On paper, this case looked difficult.

The incident occurred at a local community pool. An alleged victim claimed my client hit him, and an eyewitness corroborated his account. Nevertheless, I believed my client was innocent and was determined to prove it.

The Prosecution’s Witnesses

At trial, the State presented two witnesses. First, the alleged victim testified that my client struck him during a verbal dispute in the pool’s parking lot. Then a female eyewitness who observed the confrontation from a distance testified that she saw my client swinging his arms and yelling before the alleged victim fell.

Our Defense: The Victim Lied, The Witness Was Mistaken

My client admitted there was a heated argument. He acknowledged raising his voice and gesturing emphatically. However, he insisted he never touched the alleged victim.

Forgive me if this offends you, but in the courtroom, we do not always have the luxury of being politically correct. With my client’s permission, I explained to the jury that my client is Hispanic and, like many people from Hispanic cultures, he speaks with his hands and can be animated during disputes. What the eyewitness interpreted as punching was simply passionate gesturing during an argument.

Admittedly, this defense required the jury to believe my client over two prosecution witnesses. Standing alone, it might not have been enough. But I had an ace up my sleeve.

What I Found at the Scene

Before trial, I drove out to the community pool and walked the parking lot where the alleged battery occurred. After photographing the area from multiple angles, I found exactly what I suspected: surveillance cameras mounted on poles and building corners throughout the parking lot, with clear sightlines to where the incident occurred.

By the time I took over the case, the video had long since been recorded over. Neither the police nor the previous attorney had preserved it. But the cameras were still there—and that fact became the centerpiece of my cross-examination.

The Cross-Examination That Won the Case

The Verdict

Why Police Often Fail to Collect Evidence

This case illustrates a frustrating reality: police frequently skip thorough investigations before making arrests. Officers handle enormous caseloads and face pressure to clear calls quickly. Once they have probable cause to arrest, many consider their job done.

Some officers also develop tunnel vision, focusing on evidence that supports the alleged victim while ignoring evidence that might exonerate the defendant.

Evidence Police Commonly Overlook

When Failing to Investigate Is Ineffective Assistance

Defense attorneys have a constitutional obligation to provide effective representation. When an attorney fails to visit a crime scene and that failure affects the outcome, it can constitute ineffective assistance of counsel.

If evidence at the scene would have made a difference—surveillance footage, witness vantage points, physical impossibilities in the prosecution’s theory—the attorney’s failure to discover it may support an appeal or post-conviction relief. Thorough investigation is not optional in serious cases; it is part of the minimum standard of competent representation.

What an Effective Crime Scene Visit Includes

When visiting a crime scene, I approach it systematically. First, I photograph everything—the location, surrounding buildings, potential camera locations, sightlines, and any physical evidence. Then I identify potential witnesses by canvassing nearby businesses and residences.

Most importantly, I assess the prosecution’s version of events against the physical reality of the scene. Does their timeline make sense? Could witnesses really see what they claim? Are there inconsistencies between the police report and the actual layout? This meticulous approach has helped me win cases that initially seemed unwinnable.

Frequently Asked Questions

Questions About Police and Evidence Collection

Questions About Working With Your Attorney

Questions About Choosing a Defense Attorney

Questions About Appeals and Post-Conviction Relief

Experience Makes the Difference

With over 25 years of criminal defense experience, including service as Chief Operations Officer of the Hillsborough County Public Defender’s Office, I have learned that thorough preparation wins cases. Police mistakes, overlooked evidence, and incomplete investigations create opportunities for the defense. Only an attorney who conducts an independent investigation will find them. Tampa Criminal Defense Attorney Rocky Brancato leaves no stone unturned.

The battery case at the community pool could have ended in conviction if I had simply accepted the police report at face value. By the time I took over, the video was long gone. But a simple drive to the scene and a few photographs exposed a critical failure in the investigation.

The jury understood that if video evidence had existed and no one—not the police, not the previous attorney—bothered to preserve it, they could not be certain beyond a reasonable doubt that my client was guilty.

Call (813) 727-7159 for a Confidential Consultation

The Brancato Law Firm, P.A.

620 E. Twiggs Street, Suite 205, Tampa, FL 33602

Serving Hillsborough, Pinellas, and Pasco Counties

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