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  1. #11
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    Jul 2006
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    Default Re: Post-conviction relief in Florida

    Quote Quoting Litigator
    View Post
    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.
    double post

    http://www.expertlaw.com/forums/showthread.php?t=20720

  2. #12
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    Jul 2006
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    5,437

    Default Re: Post-conviction relief in Florida

    ...There was a .22 cal rifle that I was taking. I dropped it, it fired, hitting and killing the man....

    How does something like that happen?

  3. #13
    Join Date
    Sep 2005
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    Behind a Desk
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    Default Re: Post-conviction relief in Florida

    You apparently confessed in writing, then entered a guilty plea in which you stated that you intentionally shot the man. That's a lot to overcome, even if you hadn't blown the time limits for disputing your conviction.

    Still, if you can present a compelling case that you are innocent, you may be able to get some relief, perhaps even executive clemency. "I changed my mind about my confessions" isn't going to do it. But from what you say there should be an easy opening: The police report and crime scene photos and, particularly, the autopsy report.

    The photos of the crime scene will show blood spatter and the position of the body. The autopsy report will document the path the bullet took through the head of the victim. If you're telling the truth, a half-decent crime scene analysis should demonstrate that the crime scene is consistent with the firearm being dropped and the firearm firing from the point where it struck the floor. This doesn't necessarily mean that you are innocent of murder, but it seems unlikely that you would have figured out the angles and positioned yourself to shoot in the manner of a dropped gun, all the while with your victim oblivious to your actions. (Any half-decent analysis would also show if would was consistent with the gun being held and aimed at the time it was fired.)

  4. #14
    Join Date
    Feb 2007
    Location
    Florida
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    11

    Default Re: Post-conviction relief in Florida

    Which begs the question: How do I file a postconviction motion if I'm unable to obtain the necessary documentation from the Orange County Clerk of the Court?

    My mom says that when she went to try and obtain copies of any transcripts, they laughed at her. They said because it's been so long, the documents have been destroyed. You would think that they would have archived them. My mom has also tried contacting the Orlando PD, but they haven't responded, and she's contacted them several times.

    So, without a record from the court and crime scene information from the Orlando PD -- I'm stuck.

    DJnFlorida

  5. #15
    Join Date
    Jul 2006
    Posts
    5,437

    Default Re: Post-conviction relief in Florida

    You have not given us any facts which would show your innocence.

    If you do have such facts, you can always file a writ of habeas corpus.

    But, as I said, there is nothing (i.e., no facts) in your posts to show your innocence.

  6. #16
    Join Date
    Feb 2007
    Location
    Florida
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    11

    Default Re: Post-conviction relief in Florida

    Sorry, but I don't understand. What facts do I need to show? All I have is my recollection of the events as I remember them. I don't have the police records, case file, or an autopsy/crime scene analysis report. Wouldn't that constitute proof?

    I don't have any hard evidence. Just my word that I did not intentionally, plan with malice before thought, to shoot and kill another human being.

    To me, facts are something that are undisputable and can be proven. I'm siiting in Baker's Correctional Institution. I don't have any physical proof.

    gotta go.

    DJnFlorida

  7. #17
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Post-conviction relief in Florida

    You need to get the relevant documents, to the extent that they are still available, and try to build a case. Arguing, "I changed my mind and my written confession and my sworn statement at the time of my guilty plea were false" isn't going to do much for you.

  8. #18
    Join Date
    Feb 2007
    Location
    Florida
    Posts
    11

    Default Re: Post-conviction relief in Florida

    Thanks,

    I appreciate everyone's feedback and info.

    DJnFlorida

  9. #19
    Join Date
    Feb 2008
    Posts
    2

    Default Re: Post-conviction relief in Florida

    Quote Quoting seniorjudge
    View Post
    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).

  10. #20
    Join Date
    Feb 2008
    Posts
    2

    Default Re: Post-conviction relief in Florida

    Quote Quoting DJnFlorida
    View Post
    Which begs the question: How do I file a postconviction motion if I'm unable to obtain the necessary documentation from the Orange County Clerk of the Court?

    My mom says that when she went to try and obtain copies of any transcripts, they laughed at her. They said because it's been so long, the documents have been destroyed. You would think that they would have archived them. My mom has also tried contacting the Orlando PD, but they haven't responded, and she's contacted them several times.

    So, without a record from the court and crime scene information from the Orlando PD -- I'm stuck.

    DJnFlorida

    She needs to submitt a written Public Records Request. If she recieves no response then she needs to file for a Writ of Mandamus to have a judge force them to release the papers, documents, ect. Also, the State Attoney maintains trial transcripts, hearing proceedings, ect. until the duration of the sentence. She can submit a formal request for Public Records directly to the State Attorney and they must respond within reasonable time. I believe the Public Records law is Florida Statute 90.01 but I am not sure. She can run a keyword search on the web (Florida Public Records law) and it will provide her with the correct Statute.

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