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Post-conviction relief in Florida

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  • 02-14-2007, 11:49 AM
    DJnFlorida
    Post-conviction relief in Florida
    In 1989, I was arrested for vehicular theft. I was very depressed at the time and falsely confessed to a murder. The vehicle was not stolen. I had purchased it from a man I lived with and had a receipt at the time of my arrest. I did not have a jury trial, and from what I understand of Florida law, since I plead guilty, I waived my right to a jury trial. I did not commit any crime, and I need to know if I am able to file a post-conviction relief motion.

    DJnFlorida
  • 02-14-2007, 03:03 PM
    seniorjudge
    Re: Post-conviction relief in Florida
    Quote:

    Quoting DJnFlorida
    View Post
    In 1989, I was arrested for vehicular theft. I was very depressed at the time and falsely confessed to a murder. The vehicle was not stolen. I had purchased it from a man I lived with and had a receipt at the time of my arrest. I did not have a jury trial, and from what I understand of Florida law, since I plead guilty, I waived my right to a jury trial. I did not commit any crime, and I need to know if I am able to file a post-conviction relief motion.

    DJnFlorida

    You could file a habeas corpus petition.

    You can always file a habeas corpus petition.

    (Unless, of course, Abraham Lincoln is president!:D )

    But you will have to say that you lied under oath in 1989 when you confessed.

    Also, murder confessions by themselves never support a guilty plea without other evidence. Was there supporting evidence (besides your confession)?
  • 02-14-2007, 03:09 PM
    cissycicle
    Re: Post-conviction relief in Florida
    Quote:

    Quoting DJnFlorida
    View Post
    In 1989, I was arrested for vehicular theft. I was very depressed at the time and falsely confessed to a murder. The vehicle was not stolen. I had purchased it from a man I lived with and had a receipt at the time of my arrest. I did not have a jury trial, and from what I understand of Florida law, since I plead guilty, I waived my right to a jury trial. I did not commit any crime, and I need to know if I am able to file a post-conviction relief motion.

    DJnFlorida

    If you were arrested for vehicular theft, why did you plead to a murder? Was there a body in the trunk?
  • 02-14-2007, 04:40 PM
    DJnFlorida
    Re: Post-conviction relief in Florida
    I was depressed and having some other emotional issues. I had given up on life. I was actually in another state (Illinois) visiting my mother when I was arrested. The arresting officers didn't want to know about the homicide, but I voluntarily said that I had killed someone. I didn't want to live and this seemed like the answer. The officers had no choice at that point,and I was extradited back to Florida.

    DJnFlorida
  • 02-14-2007, 04:42 PM
    DJnFlorida
    Re: Post-conviction relief in Florida
    I've been told that I waited too long to seek post-conviction relief at the state level. It's been 16yrs. I'm currently serving a life sentence in FDOC.

    DJnFlorida
  • 02-14-2007, 04:56 PM
    Happy Trails
    Re: Post-conviction relief in Florida
    So you were convicted of a murder that you did not commit?

    As SJ stated, there must have been some evidence to support your confession.
  • 02-14-2007, 05:18 PM
    DJnFlorida
    Re: Post-conviction relief in Florida
    Well, there was my written confession, and stupid me had the murder weapon in my possession. Actually, what happened was I was taking a rifle that belonged to the deceased, dropped it, the weapon fired and a round stuck them behind the right ear (the guy asleep and lying on his left-side) and killing them. I panicked and grabbed the rifle and left.

    So yes, the weapon with my prints on it, and the written confession.

    My computer times up. I'll have to check in tomorrow.

    DJnFlorida
  • 02-19-2007, 12:26 PM
    Lgnki
    Re: Post-conviction relief in Florida
    Being forthcoming with all of the details will help the forum members best evaluate your situation
  • 02-19-2007, 07:17 PM
    Litigator
    Re: Post-conviction relief in Florida
    Didn't we address this in another thread? Of course one of the keys will be whether you received a fair trial regardless of guilt or innocence.
  • 02-20-2007, 01:36 PM
    DJnFlorida
    Re: Post-conviction relief in Florida
    To recap -- I accidentally killed a man. There was a .22 cal rifle that I was taking. I dropped it, it fired, hitting and killing the man. I didn't do the right thing afterward and instead became a fugitive. I fled the scene and the state.

    I was so depressed that I just didn't care what happened to me. I was also angry at my father at the time which didn't help matters. Anyway, when I we went to court, my court-appointed attorney first entered a No Guilty plea. Then later, she said that Florida was seeking the Death Penalty on premeditated 1st deg. murder charges. I was afraid, I was willing to agree to anything at that point. I thought I was being sentenced to 25 years to Life, but turns out that wasn't true. I'm serving a life sentence in FDOC with no possibility of parole. I was adjudicated Guilty in the judges chambers on Mar 1, 1989, sentenced and turned over to the Sheriff's department for transportation to FDOC.

    Beginning in Nov. 1991, I tried unsuccessfully to request my file from the Orange County Clerk of the Court, only to be told that I had to pay for the records even though there are several affidavits of insolvency on file. Without the records, I cannot proceed with a post conviction motion to see if I can get my sentenced reduced:confused:

    Now I'm being told that I may be time barred from being able to file a post conviction motion at all.

    I don't know what else to tell you. That's basically it in a nutshell.:wallbang:

    DJnFlorida
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