Order Denying Original Petition – Charles Ajoloko State Habeas Corpus for Ineffective Assistance of Appellate Counsel

It is with sadness and despair that Charles Ajoloko, pro se  9.141, Ineffective Assistance of Appellate Counsel was denied without written opinion.

Although, I went through a state of depression and withdrawal from continuing this battle; I am now back in full force.

The fight continues.

Constitutional Right to Appeal a Criminal Conviction in Florida Taken from: http://www.nplao.com/resources-links/roadmap-to-floridas-post-conviction-procedures

Unlike the pre-trial process, the post-trial or post-conviction process begins after a criminal defendant has been convicted or sentenced, whether as a result of an unfavorable trial result or a guilty or nolo contendere plea. The Florida Supreme Court has held that a criminal defendant’s right to appeal a conviction in a criminal case is guaranteed by Article V, section 4(b)(1), of the Florida Constitution. Griffis v. State, 759 So. 2d. 668 (Fla. 2000). This right, however, is subject to limitations – usually set out in the Florida Rules of Appellate Procedure. The key limitation imposed by the Florida Legislature on the right to appeal a “judgment or order of a trial court” is that the error alleged be “prejudicial” or “properly preserved” by contemporaneous objection in the trial court, or, if not so preserved, then it must be so egregious that it constitutes “fundamental error,” that is, error that impinges on and curtails constitutional rights or rights of that nature. F.S. §924.051(3).

(3) An appeal may not be taken from a judgment or order of a trial court unless a prejudicial error is alleged and is properly preserved or, if not properly preserved, would constitute fundamental error. A judgment or sentence may be reversed on appeal only when an appellate court determines after a review of the complete record that prejudicial error occurred and was properly preserved in the trial court or, if not properly preserved, would constitute fundamental error.

The errors at  Charles Ajoloko trial are so egregious that it constitutes “fundamental error,” and impinges on and curtails Charles Ajoloko constitutional rights.

We are seeking a motion for rehearing, motion for rehearing en banc and motion for written opinion.

We still believe  in the American Justice System.

10/20/2016 Order Denying Original Petition
10/20/2016 Denied – Order by Judge


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