Numerous errors were committed in the appeal of the conviction and sentence of petitioner, Charles O. Ajoloko. The petitioner was diagnosed with a bipolar schizoaffective disorder by Dr. Jeffrey Dxxxxx. Dr. Dxxxxx is a Board Certified Psychiatrist with sub-certifications in Forensic, Geriatric and Addictions Psychiatry. Dr. Dxxxxxx is a recognized, experienced expert witness in both Criminal and Civil Court matters. Amidst the petitioner’s trial and tribulations, the petitioner, a devout catholic is only 3 classes shy of a Bachelor of Science Degree in Recording Arts and does not have a prior criminal record. Petitioner has continued to take his medication while imprisoned at xxxxxxxxx Correctional facility.
The errors in this petition include the failure of the appellate counsel failure to raise a number of meritorious issues on appeal. These issues, which appellate counsel neglected to raise demonstrate that counsel’s performance was deficient and that the deficiencies prejudiced Mr. Ajoloko. Fitzpatrick v. Wainwright, 490 So.2d 938, 940 (Fl. 1986). Neglecting to raise fundamental issues such as those discussed herein “is far below the range of acceptable appellate performance and must undermine confidence in the fairness and correctness of the outcome.” Appellate attorney also raised non meritorious arguments which undermined the entire initial brief.
Individually and “cumulatively, Barclay v. Wainwright, 444 1164 (Fla. 1984), the claims omitted by appellate counsel establish that “confidence in the correctness and fairness of the result has been undermined.” Wilson. (Need to cite case law)
Additionally, this petition will also demonstrate ineffective assistance of trial counsel. Trial counsel made errors so serious that counsel was not functioning as the “counsel” guaranteed the defendant by the Sixth Amendment. Additionally, egregious police and prosecutorial misconduct and vindictiveness took place without objection from trial counsel.
This petition for Habeas Corpus demonstrates that Mr. Ajoloko is entitled to habeas relief.