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  1. #1
    Join Date
    Feb 2007
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    Florida
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    Question 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

  2. #2
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    Jul 2006
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    Default Re: Post-conviction relief in Florida

    Quote Quoting DJnFlorida
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    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! )

    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)?

  3. #3
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    Feb 2007
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    Florida
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    Default 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

  4. #4
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    Default 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.

  5. #5
    Join Date
    Feb 2007
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    Florida
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    Default 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

  6. #6

    Default Re: Post-conviction relief in Florida

    Being forthcoming with all of the details will help the forum members best evaluate your situation

  7. #7
    Join Date
    Feb 2008
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    Default Re: Post-conviction relief in Florida

    Quote Quoting seniorjudge
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    You could file a habeas corpus petition.

    You can always file a habeas corpus petition.

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

    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)?
    In the State of Florida, a Judgement is Final after 2 years. In order to qualify for Post Conviction Relief you must prove that you were ineffectively assisted by your counsel, if you had one. Absent a rare circumstance there is no basis for post conviction relief unless you are alledging the sentence was illegally imposed or you prove some type of mitigating factor that lead you to confess to a crime you did not commit. Read Florida Rules of Criminal Procedure 3.850. Absent all else, if you can prove who really committed the murder or get exnoerated by DNA (Rule 3.853) proving that you could not have committed the murder or DNA proves someone else committed the murder; you may need to simply ask for clemenacy. It is a tedious process and once the judgment is final a lot of actions are time barred and should have been challenged during direct appeal (2 years after judgment is final).

  8. #8
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    Apr 2006
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    Default Re: Post-conviction relief in Florida

    Quote Quoting DJnFlorida
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    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?

  9. #9
    Join Date
    Feb 2007
    Location
    Florida
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    Default 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

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